TERMS OF USE
- INTRODUCTION
These Terms of Use (hereinafter referred to as the “Terms”) govern your access to and use of the website https://www.barcruiseport.com/ (the “Website”) and the services provided by Global Ports Holding Limited and its subsidiaries operating in Bar, Montenegro (collectively referred to as the “PROVIDER,” “we,” “us,” or “our”).
By accessing the Website or utilizing our services, you (the “USER”) agree to be bound by these Terms.
By accepting these Terms, the USER:
- Confirms that they have read, understood, and agreed to these Terms.
- Declares they have the legal capacity to enter into contracts in accordance Montenegrin Law on Obligations (Zakon o obligacionim odnosima).
- Assumes all obligations and responsibilities set forth herein.
These Terms remain valid indefinitely and apply to all interactions with the Website unless otherwise stated by the PROVIDER.
The PROVIDER reserves the right to modify these Terms unilaterally at any time, provided such changes do not retroactively affect services or agreements already executed. Any modifications will be communicated through the Website or other appropriate channels, in compliance with the Montenegrin Consumer Protection Law (Zakon o zaštiti potrošača) and the applicable provisions of the Montenegrin Law on Electronic Commerce, which incorporates the core principles of the EU E-Commerce Directive 2000/31/EC.
- PARTIES TO THE AGREEMENT
The contracting parties to these Terms are:
- The PROVIDER: Global Ports Holding Limited, a company registered in England and Wales with its principal address at 35 Albemarle Street, 3rd Floor, W1S 4JD, London – UK, acting through its local operational offices at Bar Cruise Port, No 2. Barskih logorasa Street, 85000 Bar, Montenegro.
- The USER: Any individual accessing the Website or utilizing the services, who is responsible for ensuring the accuracy and completeness of all information submitted during interactions with the PROVIDER.
- PURPOSE OF THE TERMS
These Terms define the contractual relationship between the PROVIDER and the USER, which arises when the USER interacts with the PROVIDER via the Website or in-person at Bar Cruise Port. The contractual relationship primarily involves the provision of specific services as outlined on the Website, in exchange for fees and terms displayed or otherwise agreed upon.
Important Compliance Considerations:
- Consumer Rights & Cancellation Policies: Consumer rights granted under the Montenegrin Consumer Protection Law (Zakon o zaštiti potrošača) will be respected and clearly communicated in the section regarding withdrawal and cancellation rights.
- Electronic Commerce Transactions: Pursuant to the Montenegrin Law on Electronic Commerce, which incorporates the core principles of the EU E-Commerce Directive 2000/31/EC, all terms must be made available to the USER before completing any electronic transaction.
- Pricing Transparency: Any fees for services will be displayed in a clear and accessible manner, in accordance with Montenegrin consumer-protection rules on price indication and mandatory pre-contractual disclosures, and the USER will be asked for explicit confirmation before proceeding with any payment.
- CONTRACTING PROCEDURE
To utilize certain services offered by the PROVIDER, the USER must complete a registration process on the Website. Registration entails providing accurate and up-to-date personal information in accordance with the Montenegrin Consumer Protection Law (Zakon o zaštiti potrošača), as well as creating a secure user account with a username and password, which must be safeguarded and for which any unauthorized access or misuse must be reported immediately to the PROVIDER. By completing the registration, the USER acknowledges and accepts that their personal data will be processed in accordance with the PROVIDER’s Privacy Notice, prepared in compliance with the General Data Protection Regulation (GDPR) and the applicable provisions of Montenegro’s Law on Personal Data Protection, and that access to services is subject to availability and, where applicable, the successful completion of payment as outlined in Section 9 of these Terms.
- GENERAL TERMS OF SERVICE
The following general conditions apply to all services made available via the Website: all services are governed exclusively by these Terms, and no other stipulations, whether verbal or written, shall be binding unless expressly accepted in writing by the PROVIDER. Services are provided “as is,” without any warranties or guarantees beyond those expressly stated in these Terms or required under applicable Montenegrin and EU-aligned legislation. For any service subject to payment, the total price, including applicable VAT (PDV) and any additional fees, will be clearly communicated to the USER before the purchase is confirmed, in accordance with the Montenegrin Law on Electronic Commerce and the disclosure obligations set out in the Montenegrin Consumer Protection Law (Zakon o zaštiti potrošača).
- RIGHT OF WITHDRAWAL
The USER may exercise their right of withdrawal in accordance with the Montenegrin Consumer Protection Law (Zakon o zaštiti potrošača), under the following conditions: the USER has 14 calendar days from the conclusion of the service agreement to withdraw, unless the service has already been fully performed with the USER’s explicit consent and acknowledgment that the right of withdrawal will be lost upon full execution. The right of withdrawal does not apply to services that are personalized or involve the supply of digital content not provided on a tangible medium, where performance has begun with the USER’s prior express consent and acknowledgment of the loss of the right to withdraw.
How to Withdraw
- Withdrawal requests must be submitted via email to info@barcruiseport.com or in writing to the PROVIDER’s local office in Bar, Montenegro.
- If the agreement was concluded electronically, the withdrawal right and its conditions will be presented to the USER before confirmation of the transaction, in compliance with the Montenegrin Consumer Protection Law and the principles of Directive 2011/83/EU.
- DISPUTES AND LIABILITY
The PROVIDER strives to provide a seamless and satisfactory experience for all USERS. However, in the event of disputes, the USER may submit a written complaint via email to info@barcruiseport.com, providing a detailed description of the issue. The PROVIDER will respond to complaints within 30 days, either resolving the matter or providing an explanation if resolution is not possible within that timeframe. In accordance with the Montenegrin Consumer Protection Law (Zakon o zaštiti potrošača) and the principles of Directive 2013/11/EU on Alternative Dispute Resolution (ADR), consumers may also access out-of-court dispute resolution mechanisms through recognised ADR bodies operating in Montenegro. Where applicable, USERS may additionally refer to the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr, as a reference mechanism for cross-border consumer disputes.
- FORCE MAJEURE
Neither party shall be held liable for delays or failures to fulfill obligations due to circumstances beyond reasonable control, including but not limited to:
- Natural disasters (e.g., earthquakes, floods, storms)
- Governmental actions or regulatory changes
- Acts of war, terrorism, or civil disturbances
- Industrial disputes or labor strikes not caused by the affected party
In the event of a force majeure, the affected party must notify the other party without undue delay. Obligations under this agreement shall be suspended for the duration of the event and resume once the force majeure condition has ceased. This provision is governed by the applicable principles of the Montenegrin Law on Obligations (Zakon o obligacionim odnosima), including the rules on impossibility of performance and unforeseeable circumstances under Montenegrin contract law.
- PRICING AND PAYMENT TERMS
All service prices are displayed in Euros (EUR) and include applicable Montenegrin VAT (PDV), unless otherwise stated. Payments may be made by credit card, electronic bank transfer, or other approved methods indicated on the Website, and any payment-related queries should be directed to info@barcruiseport.com. In compliance with the Montenegrin Consumer Protection Law (Zakon o zaštiti potrošača) and the Montenegrin Law on Electronic Commerce, which incorporates the principles of the EU E-Commerce Directive (2000/31/EC), all pricing details will be clearly communicated to the USER before the conclusion of any transaction. The PROVIDER will also issue invoices in accordance with applicable Montenegrin tax and invoicing regulations.
- APPLICABLE LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of Montenegro, without prejudice to the protection afforded to consumers by mandatory provisions of the law of their country of residence, in accordance with generally applicable private-international-law principles and EU-aligned consumer-protection standards.
Any disputes arising from or related to these Terms shall fall under the exclusive jurisdiction of the competent courts in Bar or Podgorica, Montenegro, unless the USER qualifies as a consumer under the Montenegrin Consumer Protection Law, in which case jurisdiction shall lie with the court of the USER’s place of residence or domicile.
- CONTACT INFORMATION
For any questions or concerns, please contact us:
Email: info@barcruiseport.com
Address: No 2. Barskih logorasa Street, 85 000 Bar, Montenegro.