Portonovi Website AND Rental Program – Terms and Conditions

GENERAL:

These Terms and Conditions ("Terms"), including any revised terms that we may post from time to time, state the terms and conditions under which we provide you with various services on www.portonovi.com website (the "Site"), owned and operated by Azmont Investments on behalf of its affiliated companies, including Portonovi Resort Management Company, collectively "us" or "we"). These Terms (which also incorporate our Privacy Policy) represent a legally binding agreement between you and Portonovi and govern your use of this Site as well as all accommodations, transportation, services and activities included in the Resort stays described on our Site ("Services").

BY ACCESSING, BROWSING, AND/OR USING OUR SITE AND/OR SERVICES ON THE WEBSITE AND/OR BY MAKING A CONFIRMED RESERVATION ON OUR SITE, YOU ARE DEEMED TO ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, WHILST USING OUR SITE, SERVICES AND DURING YOUR STAY.

We may make changes to these Terms and Conditions from time to time in our sole discretion. Each time changes are made to these Terms; a revised set of Terms will be posted on our Site. Please check them regularly to take notice of any changes. Your continued use of our Site following the posting of changes constitutes your acceptance of any such changes. These Terms and Conditions apply to all transportation, accommodations, packages, services and activities included in the trips described on our Site. All such arrangements are made through Portonovi Resort Management Company d.o.o. and/or its affiliated entities. By making a reservation for a trip described in our Site, you accept and agree to these Terms and Conditions as applicable to that trip.

OUR PRIVACY POLICY:

The information that we obtain through your use of our Site, whether through the reservation process or otherwise, is subject to the privacy policy posted on our Site ("Privacy Policy"). Our Privacy Policy contains the provisions that govern our collection, use and disclosure of the information you provide to us, including our respective rights relative to that information and are a part of these Terms and Conditions. Please review our Privacy Policy before you use our Site and/or services. If you are unwilling to accept the terms and conditions of our Privacy Policy, please do not use our Site and/or services.

IMPORTANT NOTE: CURRENCY

Please note that all rates are in EUROs (EUR).

GUARANTEE POLICY:

A valid credit card is required as form of guarantee at time of booking. We reserve the right to pre – authorize funds on guests’ credit cards up to the amount equaling the total reservation amount for confirmed bookings at any time prior to arrival.

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Full accommodation charges inclusive of 7% VAT will be charged according to the Reservation & Cancellation Policy and Payment Plan.

RESERVATION & CANCELLATION POLICY: All rates are inclusive of 7% VAT.

A) SpecialOffersandNon-RefundableRatesforAllSeasons:

*A non-refundable payment for the full stay is required at the time of booking. No stay date(s) modifications, amendments, changes, and cancellations are permitted after a reservation is confirmed and full stay is charged.
* Credit card used for payment must be presented by the card holder upon check in with passport or ID for verification.

B) BestAvailable(Flexible)RatesforAllSeasons:

For Low Season: 01 November to 30 April

* A valid credit card is required as form of guarantee at time of booking.
* Total charge for the reservations will be charged seven (7) days prior to arrival. Cancellations received after the total charge for accommodation(s) had been collected will incur a 100% penalty fee. If reservation was made within 7 days prior to arrival, full payment is required for at the time of booking.
* Credit card used for payment must be presented by the card holder upon check in with passport or ID for verification.

For Shoulder Season: 01 May to 31 May AND 01 October to 31 October

* A valid credit card is required as form of guarantee at time of booking.
* Total charge for the reservations will be charged seven (7) days prior to arrival. Cancellations received after the total charge for accommodation(s) had been collected will incur a 100% penalty fee. If reservation was made within 7 days prior to arrival, full payment is required for at the time of booking.
* Credit card used for payment must be presented by the card holder upon check in with passport or ID for verification.

For High Season: 01 September to 30 September AND 01 June to 30 June

* A valid credit card is required as form of guarantee at time of booking.
* Total charge for the reservations will be charged twenty-one (21) days prior to arrival. Cancellations received after the total charge for accommodation(s) had been collected will incur a 100% penalty fee. If reservation was made within 21 days prior to arrival, full payment is required for at the time of booking.
* Credit card used for payment must be presented by the card holder upon check in with passport or ID for verification.

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For Peak Season: 01 July to 31 July AND 01 August to 31 August

* A valid credit card is required as form of guarantee at time of booking.
* Total charge for the reservations will be charged twenty-one (21) days prior to arrival. Cancellations received after the total charge for accommodation(s) had been collected will incur a 100% penalty fee. If reservation was made within 21 days prior to arrival, full payment is required for at the time of booking.
* Credit card used for payment must be presented by the card holder upon check in with passport or ID for verification.

For Festive Season: 24 December 2019 to 08 January 2020

* A valid credit card is required as form of guarantee at time of booking.
* Total charge for the reservations will be charged twenty-one (21) days prior to arrival. Cancellations received after the total charge for accommodation(s) had been collected will incur a 100% penalty fee. If reservation was made within 21 days prior to arrival, full payment is required for at the time of booking.
* Credit card used for payment must be presented by the card holder upon check in with passport or ID for verification.

PAYMENT PLAN:

A valid credit card is required as form of guarantee at time of booking. We reserve the right to pre – authorize funds on guests’ credit cards up to the amount equaling the total reservation amount for confirmed bookings at any time prior to arrival.

During Festive Season, total amount inclusive of 7% VAT is required 21 days prior to arrival date.

During Peak Season, total amount inclusive of 7% VAT is required 21 days prior to arrival date.

During High Season, total amount inclusive of 7% VAT is required 21 days prior to arrival date.

During Shoulder Season, total amount inclusive of 7% VAT required 7 days prior to arrival date.

During Low Season, total amount inclusive of 7% VAT is required 7 days prior to arrival date.

Portonovi Resort reserves the right to cancel a reservation at any time prior to scheduled check-in date. In the event your reservation is canceled by Portonovi Resort, a full refund will be issued.

BOOKING OPTIONS:

To check-in at the Portonovi Resort, at least one guest must be at least 18 years of age and present a valid credit card in their name. If under 18, the guest must be traveling with a party where at least one guest is 23 or older and is the credit card holder for all reservations.

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A change in the length of stay or dates of your reservation is subject to availability and may result in a rate change. A revision made constitutes a cancellation. Please see CANCELLATION/NO SHOWS policy. For complete revision policies, please contact Portonovi Reservations via +382 31 355 366 or via email stay@portonovi.com

EARLY DEPARTURES:

Early departures will be assessed 100% per night for early departure.

NO SHOWS:

In the event of a no-show (i.e. if you neither use nor cancel your reservation), a fee equivalent to the value of the entire stay will be levied.

All fees and penalties are inclusive of 7% VAT. Should you fail to travel and use the accommodations and services in your reservation and/or travel package, all fees & charges imposed by Portonovi Resort and/or affiliates and suppliers will still apply.

All cancellation and no-show penalties that are incurred are the sole responsibility of the client and will be charged accordingly.

REFUNDS:

For reservations due to arrive WITHIN seven (7) days OR twenty-one (21) days at the time of cancellation request (depending on the Rate Season), no refunds shall be issued as per the prevailing Reservation & Cancellation Policy.

All refund requests are subject to applicable cancellation policies assessed by Portonovi Resort and/or other travel suppliers. Any unused services included in your travel package are not refundable. Please see the Reservation & Cancellation Policy for more details.

For more information, please contact Portonovi Reservations via +382 31 355 366 or via email

stay@portonovi.com

PROOF OF CITIZENSHIP:

As you will be traveling to another country, you must present proof of citizenship. All guests’ full, legal names and children's ages are required at time of booking. Possession of proper documentation is the responsibility of the passenger.

All members of the travel party must present a valid ID/passport when traveling to and from Montenegro.

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For general information on visa regime, please visit the Montenegrin Ministry of Foreign Affairs website on Overview of Visa Regimes for Foreign Citizens: http://www.mvp.gov.me/en/sections/consular-affairs/visa-regimes-for-foreign-citizens/

For detailed information on visa regime, please contact Montenegro Embassy or Consulate in your area. Failure to provide the air carrier or governmental officials with necessary documents will lead to denial of boarding and may result in application of any late cancellation/no show penalties.

CHECK-IN/ CHECK-OUT:

Check in time is 15:00 hours/3.00p.m. Although we will always try to provide rooms on arrival, we are unable to guarantee a room available prior to this time unless the room is reserved from the night before.

Check out time is 12:00 hours/ noon. For late departures, a reservation for one additional night's accommodation is recommended.

AIRPORT TRANSFERS:

Portonovi Resort can arrange your private transfer from or to your airport of arrival with applicable charges, please contact Portonovi Reservations via +382 31 355 366 or via email stay@portonovi.com

In order to confirm your airport transfer please provide your complete and precise arrival and/or departure details at the time of booking or at least 48 hours prior to your travelling date.

Please note that airport transfers will be guaranteed to your credit card or to the intermediary individual or company (the booker) and will be charged in case of a no-show.

ADDITIONAL CHARGES:

Please be advised that all fees and/or taxes are subject to change at any time without prior notice. All taxes are calculated and charged based on the applicable laws of Montenegro.

Portonovi Resort room rates are based on double occupancy. One child under the age of 12 years can stay without additional charge if using existing bedding. Extra bed is charged at EUR 75 inclusive of VAT. This is subject to the maximum occupancy policy of the room type. Herceg Novi municipal tax & insurance of EUR _ _ per guest per room night shall apply. Herceg Novi municipal tax & insurance does not apply to children under the age of 12, and children between the ages of 12 to 18 are charged at 50%.

OWNERSHIP OF OUR WEBSITE AND PROTECTION OF OUR INTELLECTUAL PROPERTY RIGHTS:

The contents of our Site are intended for the personal use of users of this Site. This Site is owned and operated by Azmont Investments d.o.o. (the "Company"). All right, title, and interest to the content displayed on our Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks,

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trade names, URLs, and content provided by third parties, are the property of the Company, or third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Except as expressly authorized by us, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, or create derivative works based on the Site or any content (including without limitation any software) available through the Site. Except as expressly provided in this Terms and Conditions, nothing contained herein or on this Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of our content or under any third party's content. Any rights not expressly granted herein are reserved.

YOU AGREE NOT TO USE OUR SITE TO:

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by us for such purpose; Use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Site without our prior express written permission and systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission; Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; Disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right; Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; Violate any law (whether local, state, national, or international), whether or not intentionally; Forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting; Collect or store personal data about other users, including collecting usernames, e-mail addresses, or other personally information of members; Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law. If we believe that anyone has violated this provision or any other provision of these Terms and Conditions or otherwise violated the law, we retain the right to investigate, disclose such activities and/or possible violations to the appropriate authorities and/ or pursue legal action against such person.

LINKS TO OTHER WEBSITES:

Our Site may include links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those websites.

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YOUR CONTACT WITH ADVERTISERS OR THIRD-PARTY VENDORS:

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Your dealings with advertisers and third-party vendors found on or through our services, including your participation in promotions, the purchase of goods, services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. We do not make any representations or warranties with respect to any goods or services or website that may be obtained from such third parties, and you agree that we will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site.

Portonovi Resort and/or its suppliers, in making arrangements for the transportation, accommodations and other services referred to herein if any, act as a direct service provider or as an agent for the owners and operators of such transportation, accommodations and services or facilities, and its responsibility are limited to that of an agent. Portonovi Resort and/or its suppliers do not assume responsibility for errors or omissions within the content of this Site.

COMPLIANCE WITH LAWS:

You agree to comply with all applicable laws regarding your use of our Site.

MODIFICATION TO OUR SERVICES:

We reserve the right at any time and from time to time to modify, suspend, discontinue, or terminate our services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuation, or termination of our services, unless otherwise provided for herein.

INFORMATION DISCLAIMER AND DISCLAIMER OF WARRANTIES:

BY USING OUR SITE AND/OR SERVICES YOU UNDERSTAND AND AGREE THAT:
YOUR USE OF THE OUR SITE AND/OR SERVICES IS AT YOUR SOLE RISK. OUR SITE AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OUR SITE AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE AND/OR SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SITE AND/OR SERVICES WILL MEET YOUR NEEDS. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, THE SERVICES, OR ANY CONTENT CONTAINED THEREIN IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.

LIMITATION OF LIABILITY:

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YOU ARE HEREBY CONSIDERED TO UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, OUR SITE AND/OR SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND GOODS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR OUR SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN AND AS STIPULATED UNDER THE APPLICABLE LAWS, IN NO EVENT WILL OUR DIRECT LIABILITY HEREUNDER EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU TO ACCESS THE SITE AND/OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION:

You agree to indemnify and hold us and our subsidiaries, and affiliates, and their officers, members, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) your use of or reliance on our services, (b) your connection to our Site, (c) your violation of this these Terms and Conditions or (d) your violation of any rights of another party.

LIMITATION OF ACTIONS BROUGHT AGAINST US:

You agree that any claim or cause of action arising out of your use of our Site or these Terms and Conditions must be filed within the deadlines prescribed by the applicable laws of Montenegro, or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms and Conditions or related right shall not constitute a waiver of that right or provision.

Effective Date: 1st April, 2019