These Rules of using of the online reservation system for goods and services (hereinafter the Rules of Using the Online Booking System) apply to any individual or legal entity (except for persons under the age of 18, as well as citizens from countries where Your Way to Montenegro Group does not provide its services according to internal rules), who reserves and / or partially or fully pays for any type of Goods or Services on waytomone.com and in Guide around Montenegro in the AppStore and Google Play.
1. DEFINITION OF TERMS
1.1. "Site" is an information tourist portal located on the domain name www.waytomonte.com and owned by "Your Way to Montenegro Group".
1.2. "Application" is an application "Guide to Montenegro", developed by the company "Your Way to Montenegro Group" and is its property, which is published in online stores AppStore and Google Play.
1.3. "Waytomonte.com" - The company "Your Way to Montenegro Group", registered in Montenegro at Prva Proletarska b.b., Budva, 85310, Crna Gora
1.4. "Administration" means authorized employees for the management of the Site and the Application, acting on behalf of Waytomonte.com.
1.5. "System" means a system for the search, booking and (or) preliminary partial or full payment for the rental of various vehicles, taxi or transfers, excursions, equipment, souvenirs, and other goods and services on the Site and in the Application.
1.6. "Goods or Services" - various vehicles (land, water, air), taxi services or transfers, excursions, equipment, gifts and souvenirs, bonus points published on the site, active and extreme holidays, located in the section "Leisure | Entertainment ", etc.
1.7. "User" means an individual or legal entity registered on the Site and having access to it, via the Internet or using the "Guide to Montenegro" application.
1.8. "Customer" means an individual or legal entity (except for persons under the age of 18, as well as citizens from countries where Waytomonte.com does not provide its services according to internal rules) which makes a reservation or has booked the Goods or Service on the Site or in Application using the System.
1.9. "Lessee" is an individual or legal entity (except for persons under the age of 18, as well as citizens from countries where Waytomonte.com does not provide its services according to internal rules) which paid for the Goods or Services on the Site or in the Application using the System and the given amount of payment got to the account of Waytomonte.com.
1.10. "Supplier of goods or services" means an individual or legal entity who is a partner of Waytomonte.com and provides its Goods or Services on the Site and in the Application.
2. GENERAL PROVISIONS
2.1. Waytomonte.com provides its Users with a service for finding offers and booking various goods and services: taxi, transfer, excursions, bicycle rental, motorcycle rental, yacht rental, car rental, etc. on the Site or in the Application.
2.2. All goods and services presented on the Site and in the Application, including souvenirs and gifts, taxi, excursions, bicycles, mopeds, motorcycles, yachts, as well as active and extreme leisure located in the section "Leisure | Entertainment" belong and are provided by the Suppliers of Goods or services, namely shops, rental companies, excursion agencies, private licensed guides and other companies.
3. ORDER OF RESERVATION AND PROVISION OF SERVICES. PROCEDURE OF CALCULATION AND PAYMENTS.
3.1. Before reservation of Product or Service, the Customer needs to familiarize himself with the terms of the contract, the terms of the Offer for making an agreement on the reservation of goods and services, the Rules of using the online booking system, the description and terms of the Supplier's provision of a particular Product or Service on the Site and in the Application, as well as with any other information, necessary for booking, payment and provision of this or that Goods or Services.
3.2. After receiving all the necessary information and agreeing with all the terms and conditions, the Customer makes a reservation (preliminary order) and (or) payment for the Goods or Services using our System.
3.3. After the successful booking of the Goods or Services, a letter with full information about the order and contact details of the Customer comes to the e-mail address of the Administration. After that, the Administration verifies the correctness of the Customer's completed data, and also specifies from the Supplier the possibility of providing the Customer with the Goods or Service ordered by them at the specified place and time.
3.4. If all the Customer's data has been confirmed and the Supplier can provide the Customer with the ordered Goods or Service, the Administration sends the Customer an e-mail to the address specified by them at the time of placing the order, with the order data, as well as an invoice for payment of the Goods or Services that are required to be paid within 24 hours.
3.5. After confirmation of the order by the Administration, depending on the type of the Goods or Services, the Customer pays either an advance payment of 10-30% of the Goods or Services cost or 100% payment. The information on the amount of payment is indicated for each selected Goods or Service, after the Customer has filled in the required fields in the order form, before starting the booking.
3.6. Partial or full payment is made by the Customer using payment cards or other methods established by Waytomonte.com. All costs associated with the use of certain payment services and payment systems are borne by the Customer.
3.7. The Customer's obligation to pay is considered fulfilled from the moment of transfer of funds to the payee's account - Waytomonte.com or the Supplier of goods or services.
3.8. Once the Customer has paid for the Goods or Services, they receive a confirmation letter with a Payment Receipt and a Voucher with all the order data. This Voucher in electronic or printed form will need to be presented to the manager before using the Goods or Service.
3.9. If for the Goods or the Service the Customer made advance payment on the Site or in the Application, the remaining amount is paid upon receipt of the Goods or Services directly to the Service Supplier at the time of receiving the Goods or Services. Payment is carried out in the ways established by the Service Supplier. In case of payment by the Customer the advance (10-30%) payment for the excursion, the remaining amount is paid to the guide or to the manager of the company before the excursion begins.
3.10. A customer who partially or fully paid the Goods or Service on the Site / in the Application (hereinafter referred to as the Lessee) confirms that they have been acquainted with the Cancellation, Refund and Modification Rules described in Parapraph 4.
3.11. Waytomonte.com is not responsible for issues related to payment features, installed by payment systems or Service Suppliers, or any issues related to the payment of its services from Suppliers. At the same time Waytomonte.com has the right (but not obligated) to provide the Customer with the necessary organizational assistance and support in solving certain issues.
3.12. Waytomonte.com remuneration is determined by the terms of the agreement personally with each Service Supplier and is included in the total price of the contract paid by the Customer.
4. RULES OF CANCELLATION, REFUND AND CHANGE OF BOOKING.
Sometimes various moments happen in life, in connection with which, already ordered by the Lessee, Goods or Services for some reason have to be changed or canceled. Please, read carefully our rules of cancellation, return and change of reservation - this is very important for our further cooperation!
4.1. To implement the refusal, the Lessee must send a letter with a "Refusal" note to the email address firstname.lastname@example.org with a confirmation of the reservation of the Goods or Services that are sent when creating and paying for the reservation (Receipt and Voucher).
4.2. Return of funds to the Lessee is done the same way, at the same Name and on the same account as from which payment was made, unless otherwise agreed in advance with the Administration. The advance payment shall be refunded within 14 (fourteen) business days from the date of filing the application for refund.
4.3. The refusal of the paid reservation on the initiative of the Lessee, regardless of the time of refusal, provides withholding the interest charged by the payment service when paying for the Goods or Services - 4 (four)% of the paid amount.
4.4. The cancellation of the order of the Goods or Services by the Lessee without any penalties is possible not later than 72 (seventy two) hours / (3 (three) days) prior to the time of commencement of the lease of the Goods or Services.
4.5. The advance payment is deducted from the Lessee in full as compensation for the failed order:
- if the Lessee waives or changes the order in less than 72 (seventy two) hours / (3 (three) days),
- if the Lessee fails to appear without notice to the appointed place and time for receiving the Goods or Services,
- if the Lessee decided to terminate the use of the Goods or Services ahead of schedule (during excursions, active leisure, bicycle rental, motorcycle rent, etc.).
4.6. Conditions of booking the Goods or Services may provide other, more stringent conditions for refusal. By making a reservation, the Customer agrees to these terms and conditions.
4.7. Some changes in the data in the paid reservation can also be agreed with the Administration by e-mail (email@example.com) or through the feedback form, not later than 24 hours (1 day) prior to the commencement of the lease of the Goods or Services. In case of minor changes in the reservation (at the discretion of the Administration or the Supplier of goods and services, depending on the type / kind of the Goods or Services), the amount of the order for the Lessee may remain the same, i.e. without withholding penalties and additional commissions.
4.8. If the new conditions or data offered by the Lessee in an already booked order for any reason will not be agreed with Waytomonte.com or the Supplier providing the Goods or Service, in this case all the cancellation conditions described in paragraphs 9.1., 9.2 ., 9.3., 9.4., 9.5., 9.6. and 9.7 are reserved
4.9. Change of any data in the paid reservation (date, time, place, number of persons, type / kind of the Goods or Services, etc.) is possible by refusing from the old reservation, on general return conditions (paragraphs 9.1.-9.8 .) and the creation of a new order on general grounds and rules.
4.10. The Customer is informed that after the cancellation of the booking (cancellation of the reservation), the Goods or Service can be immediately booked by any other User.
4.12. The Waytomonte.com of the Suppliers of Goods and Services Security Service may refuse to provide the Goods or Services to the Lessee without explaining the reasons not later than 24 hours after the order confirmation and making of the advance payment. The prepaid amount in this case is fully returned to the Lessee after deducting payment for using the payment service in the amount of 4 (four)% of the paid amount.
4.13. Cancellation of the booking by the Administration, Waytomonte.com or the Supplier of goods and services is also possible in connection with force majeure circumstances, weather and other conditions and circumstances that do not depend on us. In this case, if the Lessee does not agree with the new conditions for the provision of the Goods or Services, then the whole amount (100%) of the prepayment paid by them upon booking in accordance with paragraph 4.2. shall be returned to them.
4.14. If the Lessee does not like the provided Goods or Service (taxi, motorcycle, bicycle, excursion, guide, etc.) for any reason, they should write to us by e-mail (firstname.lastname@example.org) or contact us via the feedback form and explain the whole situation. In this case, the Administration will learn all the information about the order from the Supplier of goods and services and take a joint decision on any moral or material compensation in the shortest possible time.
4.15. Waytomonte.com has the right (but not obligated) to demand from the Supplier of goods and services the original and / or scan of the application for the refusal of their services with the signature of the Customer.
5. FORCE MAJEURE CIRCUMSTANCES.
5.1. The parties are released from responsibility for improper performance or for failure to fulfill their obligations under this Agreement in case of force majeure circumstances.
5.2. In case of such circumstances, the party for whom the occurrence of force majeure circumstances made it impossible to fulfill obligations according to this Agreement shall notify in written the other party.
5.3. In case of force majeure circumstances, the term of the party's performance of obligations according to this agreement is shifted in proportion to the time during which these circumstances and their consequences act.
5.4. If the force majeure circumstances that have occurred and their consequences continue for more than two months, the parties shall conduct additional negotiations in order to identify acceptable alternative ways of implementing this agreement.
5.5. In case of force majeure, Waytomonte.com is entitled to refund the money paid by the Customer according to this Agreement, deducting the expenses, Waytomonte.com spent for implementation of this Agreement.
6. SETTLEMENT OF DISPUTES.
6.1. This Agreement provides a mandatory pre-trial procedure for resolving disputes between the Lessee and Waytomonte.com or the Supplier of Goods and Services by sending written claims and proposals for the voluntary settlement of the dispute to any of the parties specified in the contract or in the order, or to the response to the claim.
6.2. The lessee has the right to provide personally or by sending a letter to the e-mail motivated written claims with the application of all evidences. Waytomonte.com has the right to demand from the Lessee and (or) the Supplier of goods and services the provision of the original claim on paper.
6.3. The period for responding to a claim is 30 calendar days.
6.4. Failure to comply with the mandatory claim procedure for resolving disputes (paragraphs 5.1-5.3.) may constitute grounds for leaving the Lessee's claims by the court without pending.
6.5. If disagreements between Waytomonte.com and the Lessee cannot be resolved in a claim, they are subject to resolution in the court at the location of Waytomonte.com with the application of the right of the country of Waytomonte.com registration.
7. FINAL PROVISIONS.
7.1 The e-mail address of the Customer / Lessee is recognized as an analog of their own handwritten signature. The execution by the Client or the Lessee of actions to execute the contract on the rules and conditions offered by Waytomonte.com is equal to the conclusion of the contract in written form. Commitment by the Customer / Lessee the modification of the contract (reservation or order) on terms and rules offered by Waytomonte.com may be equated to Waytomonte.com as making changes in written form.
7.2 All notices and messages must be sent in written form. Messages will be deemed duly executed if they are sent by registered mail, fax, by e-mail or delivered personally to the postal addresses of all parties involved in the contract with a corresponding delivery note.
7.3. The parties agreed that facsimile and other documents, as well as copies of documents received by electronic means of communication, shall have legal force equal to the original, if it is definitely established from whom they were received. At the same time, received copies of documents will not have legal force. At the request of Waytomonte.com, the Customer or the Lessee undertakes to provide the original document - in this case the date of receipt of the document can be considered the date of receipt of the original document.