Charter Privado Montenegro

Updated Terms from bookings made on or after 23rd May 2025

1. Introduction

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Welcome to Sailing Adriatic (“we,” “our,” or “us”), operated by Yacht Leisure doo. We are committed to protecting your privacy and ensuring the security of your personal data. This Privacy Policy explains how we collect, use, and safeguard your information when you visit our website.

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2. Information We Collect

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We may collect the following types of information:

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Personal Information: Name, email address, phone number, billing information, and other details you provide when filling out forms on our Site or booking our services.

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Usage Data: Information about your interactions with our Site, such as IP address, browser type, pages visited, and time spent on the Site.

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Cookies and Tracking Technologies: We use cookies to improve your browsing experience and collect information about your preferences. For more details, refer to our Cookie Policy.

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3. How We Use Your Information

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We use the information we collect for the following purposes:

To provide and manage our services, including processing bookings and payments.

To communicate with you about your inquiries, bookings, or any updates related to our services.

To improve our Site’s functionality and user experience.

To comply with legal obligations and prevent fraudulent activities.

4. Sharing Your Information

We do not sell, rent, or trade your personal information. However, we may share your information with trusted third parties, including:

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Service Providers: To facilitate payment processing, email communications, and hosting services.

Legal Obligations: If required by law, to comply with legal processes or enforce our terms and conditions.

Business Transfers: In the event of a merger, acquisition, or sale of our business assets.

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5. Data Security

We implement industry-standard security measures to protect your personal data. However, no method of transmission over the internet or electronic storage is completely secure. While we strive to protect your information, we cannot guarantee its absolute security.

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6. Your Rights

You have the following rights regarding your personal data:

Access and Correction: You can request access to your data and correct any inaccuracies.

Erasure: You can request the deletion of your data, subject to legal or contractual obligations.

Objection and Restriction: You can object to or request restrictions on certain data processing activities.

Data Portability: You can request a copy of your data in a commonly used format.

To exercise your rights, please contact us.

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7. Retention of Data

We retain your personal data only as long as necessary to fulfill the purposes outlined in this policy or as required by law.

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8. Third-Party Links

Our Site may contain links to third-party websites. We are not responsible for the privacy practices or content of these external sites. We encourage you to review their privacy policies.

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9. Children’s Privacy

Our services are not directed to individuals under 16 years of age. We do not knowingly collect personal data from children.

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10. Changes to This Privacy Policy

We reserve the right to update this Privacy Policy at any time. Any changes will be posted on this page with an updated effective date. We encourage you to review this policy periodically.

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11. Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us

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Thank you for trusting Sailing Adriatic with your personal information.

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1. BOOKING YOUR HOLIDAY

Deposit: To secure your booking, a deposit of 20% is required. Payment can be made via bank transfer or credit card (MasterCard or Visa) to Yacht Leisure doo. If we cannot confirm your booking, the deposit will be refunded in full.

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nformation Required: At the time of booking, you must provide the names (as shown in passports), dates of birth, and nationalities of all party members.

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Special Requests: Special requests (e.g., dietary needs, cabin location, room type) should be made in writing at the time of booking. While we will make every effort to accommodate requests, we cannot guarantee fulfillment unless confirmed in writing. Check-in occurs on Mondays at 17:00. Early luggage storage may be arranged upon request.

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Confirmation: A contract is formed when we issue a Confirmation Invoice upon receipt of the correct deposit.

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Verification of Details: Review your Confirmation Invoice upon receipt. Contact us immediately to address any discrepancies.

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Travel Agent Bookings: If you book through a travel agent, all communications will be directed to the agent, who will act as your representative.

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Final Payment: The balance of your holiday cost is due 60 days before departure. For reservations made within 60 days of departure, full payment is required at booking. Failure to make timely payments may result in cancellation and the application of cancellation charges as outlined below.

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2. AMENDMENTS & CANCELLATION

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(a) Amendments by You: Requests for amendments must be submitted in writing by the person who made the initial payment. While we will strive to accommodate changes, we cannot guarantee availability. Additional costs may apply. Date amendments are permitted within six months of the original departure date; after six months, standard cancellation charges apply.

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Transfers of Booking: You may transfer a booking to another person subject to the following:

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The new traveler meets all booking conditions.

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Notification is provided at least seven days before departure.

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Outstanding balances and transfer-related costs are paid.

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The transferee agrees to these Terms.

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Both the original booker and transferee are jointly and severally liable for payments. If no replacement is found, cancellation charges will apply.

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(b) Cancellation by You: Cancellations must be made in writing by the person who made the initial payment. Cancellation charges are as follows:

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60+ days before departure: Loss of deposit

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59-30 days before departure: 50% of total holiday cost

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29-0 days before departure: 100% of total holiday cost

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Cancellation charges will be deducted from payments already made. We recommend securing comprehensive travel insurance as per clause 6.

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3. PRICING

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All prices are quoted in euros (EUR) and include applicable taxes. We reserve the right to adjust pricing due to fluctuations in costs beyond our control, such as fuel surcharges, taxes, and exchange rates. Price changes will not affect confirmed bookings unless arising from changes in government-mandated fees.

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4. CHANGES BY THE COMPANY

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While we strive to deliver all services as described, unforeseen circumstances may require changes. In such cases:

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Minor Changes: Changes such as itinerary adjustments for safety reasons or vessel changes to one of the same category are considered minor. No reimbursement will be provided for these changes.

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Significant Changes: If we need to replace your vessel with one of a lower category, you will have the option to:

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Accept the change and receive a refund of the difference in price.

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Decline the change and receive a full refund.

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We are not liable for changes due to force majeure, such as natural disasters or political instability.

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5. LIABILITY

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The Company’s liability is limited in accordance with applicable Croatian laws and the EU Package Travel Directive. We are not responsible for:

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Losses or delays caused by third parties or external events.

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Illness, injury, or loss during your holiday unless due to negligence on our part.

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6. TRAVEL INSURANCE

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Adequate travel insurance is mandatory for all guests. Your insurance must cover cancellation, medical expenses, personal injury, and loss of belongings.

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7. RULES ON BOARD

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(a) General Conduct: Guests are expected to behave respectfully towards the crew, other guests, and the vessel. Unruly or disruptive behavior may result in removal from the cruise without refund.

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(b) Safety Instructions: All guests must adhere to the safety instructions provided by the crew. Failure to comply with safety rules may result in restricted access to certain areas or activities.

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(c) Smoking Policy: Smoking is prohibited in cabins and indoor areas. Designated smoking areas are available on deck.

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(d) Alcohol Consumption: Responsible alcohol consumption is expected. The Company reserves the right to limit alcohol consumption if necessary for safety reasons.

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(e) Personal Belongings: Guests are responsible for the safety of their personal belongings. The Company is not liable for loss or damage to personal items unless caused by our negligence.

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(f) Environmental Responsibility: Guests are encouraged to minimize waste and avoid littering. Dispose of trash responsibly and follow the crew’s guidelines for environmental preservation.

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(g) Prohibited Items: The following items are strictly prohibited on board:

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Narcotics or illegal substances.

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Weapons of any kind.

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Bringing such items may result in immediate removal from the cruise without refund and potential legal action.

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8. COMPLAINTS

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If you experience any issues during your holiday, report them immediately to the vessel’s crew or our team. If unresolved, submit a written complaint within 28 days of your return.

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9. GOVERNING LAW AND JURISDICTION

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These Terms are governed by Croatian law. Any disputes will be resolved in the courts of Croatia.

1. Introduction

Welcome to Sailing Adriatic (“we,” “our,” or “us”), operated by Yacht Leisure doo. By using our website, https://sailingadriatic.com (the “Site”), and our services, you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree with these Terms, please refrain from using our Site or services.

2. Services

Sailing Adriatic offers yacht charter services and related travel experiences. All bookings, transactions, and interactions with our Site are subject to these Terms.

3. Eligibility

By using our services, you confirm that you:

Are at least 18 years old.

Have the legal capacity to enter into binding agreements.

Will use our services in compliance with applicable laws and regulations.

4. Bookings and Payments

Booking Confirmation: Bookings are confirmed only after receiving payment and a written confirmation from us.

Payment Terms: Payments must be made in accordance with the instructions provided at the time of booking. Failure to comply may result in cancellation of your booking.

Cancellation Policy: Cancellations and refunds are subject to the terms specified at the time of booking. Any applicable fees will be clearly communicated.

5. User Responsibilities

As a user of our Site and services, you agree to:

Provide accurate and truthful information when making a booking.

Respect the rules and policies of the vessels and operators.

Avoid any unlawful, abusive, or harmful behavior during your use of our services.

6. Intellectual Property

All content on our Site, including text, graphics, logos, and images, is the property of Yacht Leisure doo and protected under applicable intellectual property laws. Unauthorized use of our content is prohibited.

7. Liability Disclaimer

To the extent permitted by law, we disclaim all liability for:

Any damages or losses resulting from your use of our Site or services.

Delays, cancellations, or changes in itineraries beyond our control.

Any third-party services or content accessed through our Site.

8. Force Majeure

We are not liable for any failure to fulfill our obligations due to events beyond our reasonable control, including but not limited to natural disasters, government actions, or strikes.

9. Amendments to Terms

We reserve the right to update or modify these Terms at any time. Changes will be effective upon posting on our Site, and your continued use of our services constitutes acceptance of the updated Terms.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of Croatia. Any disputes arising from these Terms or your use of our services shall be resolved through arbitration or in the courts of Croatia.

1. BOOKING PROCEDURE

Charter prices are given in Euros (€) in the current Sailing Adriatic price list and include VAT, in accordance with Croatian and Montenegro law, depending where charter is operated. Sailing Adriatic retains the right to change the price list without prior notice.

The Charter Fee includes:

A technically adequate, clean vessel with a full fuel tank

On-board accommodation and use of the vessel’s equipment

Compulsory and comprehensive insurance

Accident insurance for the crew

Mooring fees at the base marina

Cruising permit for navigation in Croatian waters and Montenegrin waters

The Charter Fee does not include:

Fuel consumption

Port fees or mooring costs outside the base marina

Additional services and consumables at Sailing Adriatic bases

Parking expenses

Health and travel insurance for the crew

The Client must, within seven (7) days of reservation confirmation, make an advance payment of 30% of the total Charter Fee. The remaining balance of the total Charter Fee must be paid no later than 30 days before the start date of the charter period. The Client may take over the vessel only if all necessary payments have been made.

2. CHANGES TO OR CANCELLATION OF RESERVATION

If the Client wishes to change the charter terms or cancel the reservation, this must be done in writing via email or registered post.

If the Client cancels the reservation in writing, Sailing Adriatic reserves the right to apply the following cancellation charges:

If cancellation occurs more than 45 days before the start date of the charter period, Sailing Adriatic charges 30% of the Charter Fee.

If cancellation occurs within 45 days before the start date of the charter period, Sailing Adriatic charges 100% of the Charter Fee.

If cancellation occurs after check-in, Sailing Adriatic retains 100% of the Charter Fee and charges the Client for all additional expenses incurred.

If the Client finds a replacement charterer for the same period under the same terms and conditions, Sailing Adriatic reserves the right to charge for any administrative costs incurred due to the change.

If the Client must cancel due to serious illness or death in the family, Sailing Adriatic is not liable to return the paid amount. However, if the Client rents the vessel in the same period the following season, Sailing Adriatic will provide a credit note that may be used for a future booking under the same terms. The credit note will be calculated based on the difference between the canceled reservation and the rebooked reservation for the same vessel and period. Sailing Adriatic charges an administrative fee of €100 for processing the credit note.

Sailing Adriatic is not liable for damages arising from reservation changes or cancellations due to events such as war, riots, strikes, terrorist activity, exceptional sanitary conditions, natural disasters, or government interventions.

3. BOARDING (CHECK-IN)

Upon takeover of the vessel, the Client must conduct a full inspection of the vessel and sign the Check-in List as confirmation that the vessel is in good condition, including the underwater part. By signing the check-in list, the Client confirms they are familiar with the charter company rules, available both online and onboard.

The Client is required to pay a security deposit to Sailing Adriatic upon check-in, which serves as a guarantee against any damage or loss occurring during the charter that is not covered by insurance. The deposit may be paid in cash or by credit card pre-authorization.

The security deposit will be refunded in full once Sailing Adriatic base staff confirm that the vessel:

Has been returned on time and at the agreed location

Is clean and in good condition, with a full fuel tank

Has no damage or missing equipment

If damages covered by insurance exceed the deposit amount, Sailing Adriatic reserves the right to retain the full deposit and issue an invoice to the Client for additional costs.

If the Client does not accept the vessel within 24 hours of the agreed check-in time and location without prior notification, Sailing Adriatic reserves the right to terminate the contract without refund.

4. RETURN OF THE VESSEL (CHECK-OUT)

The Client agrees to return the vessel to the designated base marina no later than 5:00 PM on the evening before the last day of the charter period. The Client must leave the vessel no later than 09:00 AM on the last day.

The Client is responsible for:

Removing waste and disposing of it in designated areas

Returning the vessel clean and with all inventory in place

Ensuring the vessel has a full fuel tank

Failure to comply with cleaning and waste disposal requirements may result in additional cleaning fees.

If, due to technical failure, the vessel cannot sail and a delay in return is inevitable, the Client must inform Sailing Adriatic immediately and follow further instructions. Adverse weather does not justify delays in returning the vessel.

If the vessel is returned to a different port than the agreed base marina, the Client is responsible for:

Covering the cost of returning the vessel

Paying a penalty charge for the delayed return

Covering any damages incurred during the transfer

Sailing Adriatic reserves the right to deduct all costs arising from delay or vessel transfer from the security deposit. If costs exceed the security deposit, the Client must cover the additional amount.

5. LEGAL TERMS AND JURISDICTION

The contract is subject to Croatian law. Any disputes arising from this contract shall be resolved by the competent court in Dubrovnik, Croatia.

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Bookings made before 23rd May 2025

Dm Yachting’s Booking Terms and Conditions

Bookings made between 1st November 2018 & 30th September 2020

Booking Conditions

1.1 These terms and conditions (“Booking Conditions”) together with the General Information contained on our website www.dmyachting.com and our brochure form the basis of your contract with Dm Yachting d.o.o. (collectively referred to as “Dm Yachting”, “we”, “us”, or “our”). Please read them carefully as they set out our respective rights and obligations.

1.2 These Booking Conditions only apply to holiday arrangements which you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these Booking Conditions to “holiday”, “booking”, “contract”, “package”, “tour” “arrangements” or “travel arrangements” mean such holiday arrangements.

1.3 In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date).

1.4 Dm Yachting reserves the right at any time, or from time to time to update, revise, supplement or otherwise modify these Booking Conditions and to impose new or additional terms. All updates, revisions, modifications and new rules will be effective immediately and incorporated into these Booking Conditions. If the changes are significant or may materially impact upon your rights, we will provide a more prominent notice or contact you by other means (including, for certain services, email notification of Privacy Notice changes).

Making your booking

2.1 To confirm a booking, you must complete our booking form. This must be signed by the first named person on the booking (the “Party Leader”). The Party Leader must be at least 18 years of age when the booking is made. The Party Leader must be authorized to make the booking on the basis of these Booking Conditions by all persons named on the booking and their parent or guardian for all party members who are under 18 years of age when the booking is made.

2.2 If you are under the age of 18, you should review these terms and conditions with your parent or guardian before agreeing to make sure that you or your parent or guardian understand your and their legal obligations.

2.3 Once we have received your booking and all appropriate payments (see clause 3 below), we will, subject to availability, confirm your holiday by issuing a confirmation invoice. This invoice will be sent to the Party Leader. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.

2.4 If you wish to, you may contact us by e-mail for any of the reasons mentioned in these Booking Conditions (for example, to request an amendment) providing you do so to [email protected] Payment

3.1 In order to confirm your chosen travel arrangements, a non refundable deposit of € 200 per person (or full payment if booking within 4 weeks of the date your arrangements with us are due to commence) must be paid at the time of booking.

3.2 The balance of the cost of the holiday must be received by us not less than 4 weeks prior to the date your arrangements with us are due to commence. For full yacht charters deposit is 50% of the charter fee at the moment of booking and we must receive the balance no less than 4 weeks prior to the date your arrangements are due to commence. This date will be shown on the confirmation invoice. Reminders are not sent.

3.3 If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case we will be entitled to keep all deposits paid or due at that date.

Your Contract

4.1 A binding contract between us comes into existence when we despatch our confirmation invoice to the Party Leader. We both agree that Montenegro Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) (except as set out below). The cost of your travel arrangements

5.1 We reserve the right to make changes to and correct errors in advertised prices at any time before your travel arrangements are confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.

5.2 Please note, changes and errors occasionally occur. You must check the price of your chosen travel arrangements at the time of booking.

Changes by you

6.1 Should you wish to make any changes to your confirmed travel arrangements, you must notify us in writing as soon as possible. Whilst we will endeavor to assist, we cannot guarantee we will be able to meet any such requests. A change of holiday dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed.

Cancellation by you

7.1 Cancellations must be notified to us immediately by the Party Leader in writing. Notices of cancellation will only be effective when received in writing by us.

7.2 Period before departure within which written notification of cancellation is received by us, the cancellation charge per person cancelling is determined as the following:

(a) Within 42-30 days / 25%

(b) Within 29-15 days / 50%

(c) Within 14-0 days / 100%

7.3 No refunds will be given for wholly/partly used tickets, vouchers or accommodation reservations or for any other services booked but not taken.

7.4 Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your own insurance policy. Claims must be made directly to the insurance company concerned.

7.5 Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.

Insurance

8.1We consider adequate travel insurance to be essential. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.

Changes and cancellation by us

9.1 We start planning the travel arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in website and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavor to avoid changes and cancellations, we must reserve the right to do so.

9.2 Please note that due to the nature of our itineraries and the fact that many of the ports we call at are small and/or often busy it is not always possible for our ships to call at all ports as planned. Unfortunately this is an inherent risk in sailing in and around Montenegro and we have no control over this. We will of course use all reasonable endeavors to call at all scheduled ports but would ask that you allow for some degree of flexibility in itineraries when traveling with us. We both agree that a substitution of one port of call for another or the removal of a port of call in its entirety will be a minor change. A “Minor Change“ is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed holiday. If calling at any particular port on an itinerary is of particular importance to you please let us know at the time of booking and we will be happy to discuss this issue

with you in more detail. The captains of all of the vessels we use retain the right to deviate from or change any particular itinerary where they believe it necessary to so for example in the interests of the health and safety of passengers.

9.3 Most changes are minor. Occasionally, we have to make a “significant change”. A “Significant Change” is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your holiday. Significant changes are likely to include the following changes when made before departure;

(a) a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away;

(b) a change of accommodation area for the whole or a major part of the time you are away; and

(c) in the case of tours, a Significant Change of itinerary missing out one or more major destination substantially or altogether.

9.4 If we have to make a Significant Change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:

(a) (for Significant Changes) accepting the changed arrangements

(b) purchasing alternative travel arrangements from us, of a similar standard to that originally booked if available. We will offer you at least one alternative travel arrangement of equivalent or higher standard for which you will not be asked to pay any more than the price of the original travel arrangement(s) that you booked. If this travel arrangement is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the travel arrangement we specifically offer you, you may choose any of our other then available travel arrangements. You must pay the applicable price of any such travel arrangements. This will mean you paying more if it is more expensive or receiving a refund if it is cheaper. (c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.

9.5 Please note, the above options are not available where any change made is a minor one.

9.6 If we have to make a Significant Change or cancel, we will as a minimum where compensation is due pay you the compensation payments set out in the table below depending on the circumstances and when the Significant Change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or where we have to cancel because the minimum number of persons require to operate your holiday has not been reached. In this case we will notify you by the deadline specified in the description of the holiday in question. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time) or if the change made is a minor one.

9.7 If in the period before the date when your arrangements with us are due to commence a Significant Change or cancellation is notified to you, then Compensation per person will be the amount of money what you pay to us.

9.8 Very rarely, we may be forced by "force majeure" (see clause 10) to change or terminate your travel arrangements after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result.

Force Majeure

10.1 Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of "force majeure". In these Booking Conditions, "Force Majeure" means any event which we could not, even with all due care, foresee or avoid. Such events may include war or

threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, government acting, fire and all similar events outside our control. Our Liability to you

11.1 We promise to make sure that the travel arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these Booking Conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted travel arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted travel arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers). 11.2 We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:

(a) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or

(b) the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; or

(c) 'force majeure' as defined in clause 10 above.

11.3 Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised on our website and we have not agreed to arrange them and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. 11.4 The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. 11.5 As set out in these Booking Conditions we limit the maximum amount we may have to pay you for any claims you may make against us. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is €1,000 per person affected unless a lower limitation applies to your claim under this clause or clause 11.6 below. 11.6 For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 11.6 below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your travel arrangements. 11.7 Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements forming part of your contract with us (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example the Athens convention for international travel by sea (as amended by the 2002 protocol where applicable)). Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for

the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.

11.8 Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description which

(a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or

(b) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.

11.9 You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 13 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.

Confidentiality and Data Protection

12.1 Dm Yachting will maintain confidentiality of your data, and will make reasonable efforts to prevent any unauthorized use, disclosure, copying, publication or dissemination of your data, except and only to the extent necessary in accordance with these Booking Conditions.

12.2 In these Book Conditions, “Personal Data” means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.

12.3 Wherever Dm Yachting determines the means and purposes of the processing of Personal Data relating to you, Dm Yachting will be the ‘data controller’ (as such term is understood under applicable data protection laws) of such Personal data, and the terms of Dm Yachting ’s Privacy Notice shall apply to such processing.

12.4 Dm Yachting will in accordance with its Privacy Notice:

(a) comply at all times with applicable privacy and data protection laws;

(b) take all reasonable steps to protect the security and integrity of (i) information that can be used to establish the identity of you, (ii) sensitive information about you and (iii) your Personal Data; and

(c) take reasonable steps to notify you if Dm Yachting becomes aware of any disclosure of (i) your Personal Data or other data that can be used to establish the identity of you, or (ii) sensitive information about you that is associated with you.

Behaviour

13.1 You accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier.

13.2 When you book with us, you agree that you must comply with the rules and regulations applicable to the ship/boat you are sailing on and are found on board.

13.3 We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the travel arrangements of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the vessel or other service concerned. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. Special requests and medical problems

14.1 If you have any special request, you must advise us in writing at the time of booking. Although we will endeavor to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all

special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfillment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.

14.2 If you or any member of your party has any medical problem or disability which may affect your holiday or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition/disability develops after booking, cancel when we become aware of these details.

Excursions, activities and website information

15.1


We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 11.1 of our Booking Conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. We cannot guarantee accuracy at all times of information given in relation to activities or excursions available in or about the resorts/area you are visiting generally (except where this concerns the services which will form part of your contract with us) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities mentioned on our website or brochure which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to resort/area information and/or such outside activities which can reasonably be expected to affect your decision to book travel arrangements with us, we will pass on this information at the time of booking. Prices and Brochure Accuracy

16.1 Please note, the information and prices shown on our website or brochure may have changed by the time you come to book your travel arrangements. Whilst every effort is made to ensure the accuracy of the website/brochure and prices at the time of publication, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen travel arrangements (including the price) with us at the time of booking.

Delay

17.1 We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. We cannot accept liability for any delay which is due to any of the reasons set out in clause 11.2 of these Booking Conditions (which includes the behavior of any passenger(s) who, for example, fails to check to board on time). In addition, we will not be liable for any delay unless it has a significant effect on your holiday arrangements.

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Terms and Conditions

Dm Yachting  Terms & Conditions

For bookings made from 30 September 2020

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The Terms and conditions apply to Pearl of the Adriatic Cruise, Picturesque Montenegro Cruise, Wonders of Kotor Bay Cruise. Your contract is with Dm Yachting d.o.o., the Company, 29, Turist Street, Kotor 85330, which is registered in Montenegro under company number 03038076. The following conditions, together with our Privacy Policy, the relevant information set out in this brochure and on our website, and any other written information we brought to your attention before we confirmed your booking, will form part of your contract with the Company. Please read them carefully before you book.

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By making a booking, the first-named person on the booking agrees on behalf of all persons detailed on the booking that:

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a. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;

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b. he/she consents to our use of information personal data by our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);

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c. he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

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d. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

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1. BOOKING YOUR HOLIDAY

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(a) We aim to provide the right holiday to suit your requirements. You can call us on +44 20 37699001 or email [email protected] to discuss or make a booking and provide you with a price per person.

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(b) To secure your booking we require a deposit of € 200 per person. Payment can be made by bank transfer or by credit cards (MasterCard, Visa) in favour of Dm Yachting. If for any reason we do not accept your booking, your deposit will be returned.

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(c) We will ask you at the time of booking to confirm the number of members in your party and to provide us with the first forename (as shown in each passport), surname, date of birth and nationality of each member.

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(d) Special Requests, such as diet, cabin location, master, twin or double-bedded room, a particular facility, which are an important factor in the choice of holiday, should be indicated in writing at the time of booking. The Company will try to arrange for Special Requests to be met, but cannot guarantee that they will be, nor will the Company be liable if any Special Request is not met. The provision of any Special Request does not constitute a term of your contract with us unless we have confirmed in writing that your requirement will be met. The check-in takes place Sunday at 17:00. Should you need to let your luggage before embarkation, it can be arranged. Please ask Dm Yachting for details.

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(e) On receipt of your correct deposit we will issue a Confirmation Invoice. A contract will come into existence on the date on which we issue a Confirmation Invoice.

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(f) You need to check the details on the Confirmation Invoice, as soon as you get it, as these set out the services we have agreed to provide. In the event of any discrepancy please contact us immediately. If you arrange your holiday direct with the Company, all correspondence and other communications will be sent to the address of the person who made the initial payment unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.

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(g) If your booking is made through a travel agent, the Company will address all communications to that travel agent, who will act as agent for you concerning to all communications from us to you.

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(h) Final payment of the cost of your arrangements is due 90 days before departure. If your reservation is made within this period, the entire cost of the trip must be paid at the time of the request to secure confirmation. If it is not paid in time, we reserve the right to treat your booking as cancelled by you, in which case the cancellation charges set out in clause 2 below will become payable.

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2. AMENDMENTS & CANCELLATION

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(a) Amendments by you

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The Company will make every effort to assist you if you wish to alter your arrangements, but it may not always be possible. Requests for an amendment must be in writing, signed by the person who made the initial payment. If you wish to change your arrangements while on your holiday, all costs are payable by you.

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Date amendments: Should you wish to amend the date of departure of your trip this will follow the rules outlined in part 2(a) above. The new departure date must be initiated within six months of the original date of departure. If travel commences after six months of the original holiday departure date this will be treated as a cancellation and re-booking and the normal cancellation charges detailed in clause 2(b) will apply.   

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Transfers of booking

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If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

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a. that person is introduced by you and satisfies all the conditions applicable to the holiday;

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b. we are notified not less than seven days before departure;

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c. you pay any outstanding balance payment, as well as any additional fees, charges or other costs arising from the transfer;

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d. the transferee agrees to these booking conditions and all other terms of the contract between us;

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You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 2(b) will apply to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

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(b) Cancellation by you

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All cancellations must be advised in writing, signed by the person who made the initial payment and sent to the Company. Cancellations are effective on the date they are received by the Company. Since we incur costs in cancelling your travel arrangements, the following cancellation charges will be payable, depending upon the number of days before departure the Company receives your notice of cancellation.

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Standard cancellation fees per person:

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91 days before departure or more: loss of deposit;

90-61 days before the date of departure: 25% of total holiday cost;

60-31 days before the date of departure: 50% of total holiday cost;

30 days before departure or fewer: 100% of total holiday cost.

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We will deduct the cancellation charge(s) from any monies you have already paid to us.

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We strongly recommend that you secure adequate travel insurance as per clause 6 below.

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(c) Re-booking following a cancellation

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Should you wish to cancel a holiday and re-book an alternative this will be subject to the cancellation terms within these booking conditions. If the alternative booking requires a greater deposit than has already been paid (after deducting cancellation fees) then the balance between what is required as a deposit and any deposits sums already paid becomes due.

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(d) Accuracy of information

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We check the information which we provide about our holidays very carefully. However, tour, excursion or cruise itineraries may change as a result of local conditions. Circumstances such as these, or weather conditions, may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long-term changes, we will always endeavour to advise you before your departure.

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(e) Amendments by the Company

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Great care is taken to ensure that the description and prices given in our brochures and on our website are accurate at the time of publication. However, changes can occur, and the Company reserves the right to change any of the details in company literature, including prices, in which case the Company will advise you of any such change before accepting your booking. After a Confirmation Invoice has been issued, the Company makes every effort to operate all holidays as advertised. We plan arrangements a long time in advance of your holiday. In very rare circumstances, the Company may have to modify a holiday before you depart. Most of these changes are insignificant. If we make an insignificant change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of insignificant changes include change of accommodation to another of the same or higher standard and changes of carriers.

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Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure: a change of destination or a change to a lower standard accommodation, and/or price. If we have to make a significant change we will tell you as soon as possible and if there is time to do so before departure, we will provide you with three alternatives. You may accept the modification, you may change your booking to another available and comparable holiday, or you may cancel and receive a full and prompt refund. If you choose another cheaper holiday, the Company will make the appropriate refund.

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You must notify us of your choice within seven days of our offer. If we do not hear from you within seven days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

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IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

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a. where we make an insignificant change;

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b. where we make a significant change or cancel your arrangements more than 91 days before departure;

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c. where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

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d. where we have to cancel your arrangements as a result of your failure to make full payment on time;

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e. where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;

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f. where we are forced to cancel or change your arrangements due to force majeure.

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“Force majeure” has the meaning set out in clause 13.

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If there is an insignificant change before you depart (that is, any change not included in the definition of a significant change set out above), the Company will try to notify you, although it is not obliged to pay any compensation. lf the Company becomes unable to provide a significant proportion of your holiday after it has commenced, every effort will be made to provide suitable alternative arrangements, which will be made for you at no extra charge to you (save in the case of force majeure) or you will be returned to your point of departure and the company will, where appropriate, pay compensation. No compensation is payable in the case of force majeure.

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(g) Cancellation by the Company

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We reserve the right in any circumstances to cancel your holiday for any reason, subject to the commitments in clause 2(g). However, we will not cancel your cruise arrangement fewer than 90 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If you fail to pay the balance of the holiday price at least 90 days before departure, the Company will treat your booking as cancelled and levy the cancellation charges set out in clause 2(c). If the Company is obliged to cancel your holiday in any other circumstances before departure, the Company will use its best endeavours to offer alternative arrangements of equivalent or very closely similar standard and price, if available; travel arrangements of a lower standard and a refund of the price difference; or will give you a full and prompt refund of all monies paid. Besides, unless the cancellation has been caused by force majeure, failure by you to pay the final balance.

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(h) Dm Yachting guaranteed departures

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All Cruises are guaranteed to operate with a minimum of two (2) persons.

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3.PRICE POLICY

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(a) We reserve the right to alter the prices of any of the holidays shown in our brochure or on our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.

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(b) When you make your booking you must pay a deposit, see section 1(b) for relevant deposits. The balance of the price of your travel arrangements must be paid by the date indicated on your confirmation. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit.

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(c) The Company is under no obligation to give a breakdown of the costs involved in a holiday.

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(d) The Company reserves the right to notify you of an increase in the brochure or advertised price before accepting your booking and prices may go up or down. While we do our utmost to avoid such a scenario, due to human or computer error there may on occasion be an incorrect price shown in a brochure or online. When we become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake) or within seven days of the time of booking, or as soon as reasonably possible. We do have to reserve all our rights in a situation such as this which may include cancelling a holiday if the actual price applicable to the holiday is not acceptable to you. We will of course allow you to amend your holiday with us, if you so wish, to an alternative holiday at the correct price.

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4. RESPONSIBILITIES OF THE COMPANY

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(a) The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards.

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(b) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your Confirmation Invoice. The descriptions, information, and opinions given in our brochures or on the website by the Company in respect of the cruises and other suppliers whose services are used are given in good faith, based on the latest information available at the time of printing. The Company accepts liability for any loss you may suffer if due to fault on our part, or that of our agents or suppliers, any part of the holiday arrangements you book with the Company before your departure is not as described in our brochure, on our website, or itinerary, or not of a reasonable standard and we don’t remedy or resolve your complaint within a reasonable time, and this has affected the enjoyment of your package holiday, in such circumstances you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The Company limits its liability in respect of these claims to a maximum of three times the holiday cost. Subject to the conditions set out below, the Company also accepts liability if you or any member of your party suffers death or personal injury as a direct result of negligence by the Company or its suppliers. However, these acceptances of liability do not apply if there has been no fault on the part of the Company or its servants, agents, or suppliers, or if the loss, death, or personal injury suffered is attributable to: (i) your acts or omissions; (ii) the acts or omissions of a third party not involved in providing the services which make up your holiday and which were unavoidable and extraordinary; or (iii) force majeure. Besides, where claims do not involve personal injury or death, they are also conditional upon you following the procedures for notification of complaints set out in clause 11, and upon you assigning to the Company any right you may have against any other person whose acts or omissions have given rise to the Company’s liability. Nothing in the above shall limit or exclude the Company’s liability for fraud, or death or personal injury caused by negligence, or to the extent otherwise not permitted by law.

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(c) The Company’s liability to compensate you and the amount of such compensation is subject to the following limitations. First, in the case of damage other than death, illness, or personal injury, compensation is restricted to a reasonable amount having regard to such factors as, inter alia, the holiday cost and the extent to which the enjoyment of your holiday can be said to have been affected. Second, if any failure in your holiday arrangements relates to, or if you or any member in your party is killed, injured, or becomes ill during or as a result of carriage by yacht or van,  forming part of the holiday arrangements booked with us before you departed from the home country, our liability to pay compensation and/or the amount of compensation we will pay is limited as if we were the carrier under any international convention which governs such services. International Conventions which may apply include: in respect of carriage by sea, the Athens Convention 1974; and in respect of carriage by road the Geneva Convention 1973. The terms of these conventions are incorporated into and form part of your contract with us. You can get copies of the relevant conventions if you ask us for them. You should also note that these conventions may limit or remove the carrier’s liability to you and the amount which the carrier has to pay you. You should also know that the carrier will rely upon its “conditions of carriage” which may limit or remove the carrier’s liability to you and limit compensation under international conventions.

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(d) If we make any payment to you or any member of your party for death, personal injury, or illness, you must co-operate fully with us in seeking recovery of any payment we make.

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(e) Where you can’t return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. If the circumstances continue beyond a three-night period our responsibility under this clause will cease and you will need to claim upon your travel insurance where you can do so. Please note that the three-night cap does not apply to persons with reduced mobility, pregnant women, or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

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5. YOUR RESPONSIBILITIES

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(a) Make yourself travel aware: Before making a booking, please consult the travel advice produced by the government of your home jurisdiction, as well as that of the government who issued the passport and/or visa you intend to travel under. Also ensure you make yourself familiar with the government home country advice on staying safe and healthy on your trip.

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(b) It is important that you check the details on your Confirmation Invoice when you receive it. In the event of any discrepancy, you should contact the Company or your travel agent.

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(c) General information concerning passport, visa, and health requirements are subject to change and you must check current requirements before departure. You should contact the Embassy or Consulate of Montenegro in good time before you travel if you require a visa. Further information is available from iVisa at ivisacentral.com. You should also contact your medical advisor or a specialist vaccination centre for details of the measures you will need to take before departure. All children should travel on full passports. It is your responsibility to obtain all documents required for your holiday, including passports, visas, and health certificates, to ensure that these are in proper order and to take them with you. We recommend that if you are travelling with a child that does not share your surname, to minimise the possibility of disruption to your travel plans, you travel with documentation that proves your relationship to the child as well as documentation that proves you have permission to travel with them. The Company cannot be held responsible should you or any member of your travelling party be denied entry to a country due to non-compliance with these requirements. Please consult the travel advice produced by the government of your home jurisdiction, as well as that of the government who issued the passport and/or visa you intend to travel under for further details. We will not be liable to make any refund or pay compensation if you or any member of your party is unable to proceed with the holiday as planned because of incorrect or missing personal documents, or any other failure to meet passport, visa or immigration requirements.

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(d) Approximately seven days before departure you will receive a pre-arrival letter with information concerning your holiday.

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(e) Most people go on holiday for rest and relaxation, so if in our reasonable opinion your behaviour is causing danger, damage to property, or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen no refund or compensation would be paid.

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(f) If you lose any personal items while on holiday, please obtain a written report from the police, to help with any insurance claim upon your return.

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(g) You are responsible for the costs of any damage to the accommodation and/or any extra charges incurred with our suppliers during your holiday. Should you fail to make such payment at the time the charges and/or costs are incurred, you will be liable to reimburse us for these and you authorise the Company to automatically debit your credit card to the value instructed by the supplier for any such costs and/or charges.

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6. INSURANCE

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We cannot emphasise enough the importance of purchasing comprehensive travel insurance before date of travel. This insurance should be commensurate to the value of your booking, and cover cancellation and curtailment, all medical expenses including evacuation/repatriation, personal baggage, personal liability, death and permanent disability, and travel document insurance. If you suffer from a disability or medical condition, you should disclose this to insurers. For those who participate in sports and activities while on holiday that have been organised and arranged independently of us, it should be understood that participation is at the individual’s own risk and it is your responsibility to obtain the relevant insurance. Note that special insurance may be required if you intend to scuba dive or undertake any other dangerous or sports activities. Please keep your insurance details with you while on holiday.

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7. EXCURSIONS

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Please note that when you book an excursion locally you contract with the local company providing that excursion and not the Company. The Company has no legal liability for anything that goes wrong on such an excursion and any claim which you might have arising out of the excursion will be against the relevant local company and subject to the local company’s terms and conditions. The Company will, at its discretion, offer advice, guidance and assistance if you, or any member of your party, suffer death, illness, or injury arising out of an activity which does not form part of your holiday with the Company, or an excursion arranged locally.

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8. DATA PROTECTION

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To process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as your name and address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as transport companies, harbour master, touristic organization and so on. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law. We will not pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. In making a booking, you consent to this information being passed on to the relevant persons. Please note that where information is also held by your travel agent, this is subject to your agent’s data protection policy. You are entitled to a copy of your information held by us. To see it, please contact the Company during normal working hours.

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9. ILLNESS AND DISABILITY       

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If you or any member of your party suffer from a disability or other medical condition please tell us before you book. Dm Yachting is happy to give you advice and to try to assist you in choosing a holiday that will meet your requirements. To assist you, we must be provided before booking with full written details regarding your medical condition and any special requirements which result from this. An appropriate medical form will be sent to you for this purpose.

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10. IF YOU HAVE A PROBLEM     

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If you are unhappy with any aspect of the Company’s arrangements while you are on holiday, you must address your complaint immediately to the Company’s local representative (or, if none, to the Company by writing at [email protected]) and to the crew or other supplier whose services are involved. They will do their best to rectify the situation. It is unreasonable to take no action while on holiday, but then to write a letter of complaint upon return. If the problem cannot be resolved locally and you wish to complain, full details must be sent to the Company in writing to arrive within 30 days of your return. We will do our best to investigate and reply to you within 28 days of receipt of your letter. Failure to take either of these steps will deny the Company the opportunity to resolve the problem immediately and/or investigate it properly.

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In consequence, this may affect your rights under this contract.

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11. GOVERNING LAW    

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This contract and any matters arising from it are governed by the law of Montenegro and are subject to the jurisdiction of the Court of Montenegro.

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12. PROMPT ASSISTANCE

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If, while you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities, and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees, or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees, or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance if the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

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13. FORCE MAJEURE

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Except where otherwise expressly stated in these Booking Conditions, we will not be liable or pay you compensation if our contractual obligations to you are affected by “force majeure”. For these Booking Conditions, force majeure means any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as pandemic, epidemic and the outbreak of serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our concerned’s control.

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15. CHILD POLICY

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All children under age 18 must be accompanied by an adult.

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16. COVID-19 ACKNOWLEDGEMENT   

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Guest must sign an acknowledgement attesting to their fitness to travel and agreeing to comply with all health protocols as directed by Dm Yachting staff during their journey. Guest may not travel if they test positive for COVID-19 during the 14 days before departure; standard cancellation terms will apply. Guest must maintain adequate physical distancing and frequently wash or sanitize hands during their journey. Masks are required in vehicles, indoor spaces, any outdoor spaces where physical distancing is not possible and by local regulations. Noncompliance with these measures will result in not being able to continue on the journey. Guest voluntarily assumes all risks and related expenses if they or any member of their travelling party require testing, quarantine or become infected with COVID-19.