TRAVELAIZER
making memories
version: ENG.01
last updated: 17 May 2025
Društvo sa ograničenom odgovornošću "Montenegro Memories" DOO Kolašin, incorporated in accordance with the laws of Montenegro, with registered seat in Kolašin at the address: Selišta bb, registration no. 50875979, TIN 03243087 (hereinafter the "Owner" or "Montenegro Memories"), hereby adopts the following:
GENERAL TERMS OF USE AND CONTRACTING
The General Terms of Use and Contracting (hereinafter the "General Terms") apply to and govern the software solution – a mobile application/web platform, named "TravelAIzer" (hereinafter the "Application"), which is hosted on the domain www.travelaizer.com, including all associated websites.
The Application is owned by Montenegro Memories.
The Application serves as a multi-category, on-demand, and electronic technological platform for intermediating and contracting services in the field of tourism and hospitality (hereinafter the "Services") in Montenegro. Its primary objective is to promote Montenegro's tourist offerings by facilitating efficient connections between (i) legal and natural persons advertising Services through the Application (hereinafter the "Service Providers") and (ii) natural persons browsing, reserving, and paying for Services through the Application (hereinafter the "Service Users") (hereinafter collectively referred to as the "Application Users").
The core principles, goals, and functions of the Application (hereinafter the "Key Values") are:
- promotion of Montenegro's tourist offer;
- development of innovation activity in Montenegro;
- providing information on the availability of tourist offers adapted for people with disabilities;
- facilitating the process of organising tourist tours and connecting Services Users with Service Providers
- establishing a safe and secure environment for Application Users, including verification processes and secure payment systems;
- providing clear, comprehensive, and accurate information and data;
- fostering a sense of belonging and connection among Application Users;
- encouraging eco-friendly practices;
- encouraging local experiences and supporting local businesses;
- continuous improvement of the Application and introduction of new features to enhance the user experience; and
- providing timely and efficient customer support to address any issues or concerns regarding the Application.
The Owner's sole and exclusive responsibility and task centre on managing the Application, which functions as a platform facilitating connections between Service Users and Service Providers. The Owner bears no responsibility for any aspect related to the Services advertised and offered through the Application, including but not limited to their quality and type, or the execution, provision, organisation, and coordination of any Service offered through the Application.
By accessing the Application and voluntarily creating a user account, all Application Users give their explicit and unequivocal consent to these General Terms, including all their annexes. Any Application User who does not agree to the General Terms (including any subsequent amendments and supplements) should refrain from using the Application.
These General Terms are prepared and shall be interpreted in accordance with the applicable laws and regulations in Montenegro (hereinafter the "Applicable Laws").
CONTENT
1. DEFINITIONS AND INTERPRETATIONS
1.1 Definitions
1.1.1 In the General Terms, as well as all appendixes thereto, terms and expressions marked with initial capital letters have the following meanings:
1.1.1.1. "Applicable Laws" means the applicable laws and regulations in Montenegro.
1.1.1.2. "Application Users" collectively refers to both the Service Users and the Service Providers.
1.1.1.3. "Application" means a software solution - a mobile application/web platform, entitled "TravelAIzer".
1.1.1.4. "Card" means a bank card that Application Users link to their User Account.
1.1.1.5. "Communication Channel" means any of the channels for communication between the Owner and Application Users, provided by the Owner and detailed in the General Terms.
1.1.1.6. "Cookies Policy" means the cookies policy adopted and published by the Owner and applicable to the Application.
1.1.1.7. "Cooperation Agreement" means the cooperation agreement signed between the Owner and the Service Provider before the creation of the User Account on the Application by the Service Provider.
1.1.1.8. "Data Protection Act" means the Montenegrin Personal Data Protection Act ("Official Gazette of Montenegro", nos. 79/2008, 70/2009, 44/2012, and 22/2017).
1.1.1.9. "Data Subjects" means Application Users, partners, investors, potential application users, and website visitors.
1.1.1.10. "EUR" means euro, the official currency of the European Monetary Union.
1.1.1.11. "Fees" means fees, charges, and other payments imposed or levied by the competent governmental authorities in connection with the provision of Services.
1.1.1.12. "General Terms" means these General Terms of Use and Contracting.
1.1.1.13. "Intellectual Property" means intellectual and industrial property and any and all forms of protection having equivalent or similar effect anywhere in the world as recognised under the laws of any countries and jurisdictions, whether registered or unregistered and including applications for registration and the right to apply for registration of any such right, including but not limited to: (i) trademarks and trade names; (ii) domain names; (iii) patents; (iv) copyright and related rights, as well as the assignment of any moral rights (including any registration for this purpose or application for registration); (v) industrial property rights and integrated circuit topographies (including any such registration or application for registration); (vi) trade secrets and confidential, technical or business information; (vii) software (including any source code, object code, and their updates, and all related documentation, user and operational manuals and copyrights); (viii) technology; (ix) know-how; and (x) rights to data, database rights, registered designs, and design rights.
1.1.1.14. "Key Values" means the fundamental values, objectives, and tasks of the Application, as stated in the General Terms.
1.1.1.15. "Owner" or "Montenegro Memories" means the owner of the Application, namely the limited liability company "Montenegro Memories" DOO Kolašin.
1.1.1.16. "Privacy Policy" means the privacy policy adopted and published by the Owner and applicable to the Application.
1.1.1.17. "Promotion" means any promotional code, discount, or other promotion that the Owner decides to offer to Application Users at its discretion.
1.1.1.18. "Registration Confirmation" means an electronically generated confirmation of registration of the Application User, i.e. of the successfully created User Account.
1.1.1.19. "Registration Form" means the online registration form for registration on the Application, available after clicking the "Let's Go!" option immediately after opening the Application.
1.1.1.20. "Registration" means the registration of Application Users on the Application.
1.1.1.21. "Reservation Confirmation" means an electronically generated confirmation of the reservation of the Service or the Route sent by the Owner to the Service User in the event of a successful reservation of the Service or the Route.
1.1.1.22. "Reservation" means the reservation of Services by the Service User through the Application.
1.1.1.23. "Route" means the reservation of multiple Services provided by the same or different Service Providers at once.
1.1.1.24. "Service Fee" means the total fee for the Service unilaterally determined by the Service Provider, which includes the fee for using the Service, Taxes, fees, and other charges of government authorities (where and when applicable), under the terms and conditions provided in the General Terms.
1.1.1.25. "Service Provider" means a legal or natural person who advertises Services through the Application.
1.1.1.26. "Service User" means a natural person who browses, reserves, and pays for Services through the Application.
1.1.1.27. "Services" means services in the field of tourism and hospitality that Service Providers advertise through the Application and provide to Service Users.
1.1.1.28. "Taxes" means all types of taxes, levies, duties, contributions, withholdings, deductions, and/or assessments in the nature of taxes as determined by the competent authorities (including VAT) and all related fines, penalties, surcharges, costs, and interest.
1.1.1.29. "Total Amount Charged" means the total amount that the Service User pays when booking a Service or Route through the Application (including the Usage Fee, Service Fee, Taxes, fees, and any other charges imposed by competent governmental authorities).
1.1.1.30. "Unauthorised Content" means unlawful, inappropriate, or offensive content posted on the Application that contradicts the Key Values, General Terms, or Applicable Laws.
1.1.1.31. "Usage Fee" means the fee for using the Application charged by the Owner from the Application Users.
1.1.1.32. "User Account" means the user account or profile that Application Users create on the Application.
1.2 Interpretation
1.2.1 In the General Terms, as well as all attachments thereto, unless otherwise expressly stated:
1.2.1.1. references to a "third party" shall be construed to include any party other than the Owner or the Application User.
1.2.1.2. references to "suspending the User Account" mean temporarily or permanently disabling access to the User Account by the Owner.
1.2.1.3. references to "cancellation of the User Account" mean permanently deleting or removing the User Account from the Application.
1.2.1.4. references to the General Terms include all appendixes thereto.
1.2.1.5. the use of any gender includes other genders, and the use of the plural includes the use of the singular and vice versa, unless the context requires otherwise.
1.2.1.6. the titles of sections, provisions, and appendixes exist solely for the purpose of clarity and do not affect the interpretation of the General Terms.
2. ACCESS TO THE APPLICATION AND USER REGISTRATION
2.1 Basic Conditions for Registration
2.1.1 Each Application User must, at the time of registration and throughout the use of the Application, cumulatively meet the following conditions:
- The Application User must be at least 18 years old;
- The Application User must accurately, truthfully, and completely fill in all mandatory fields when completing the Registration Form;
- The Application User must provide accurate, truthful, and complete personal information when filling out the Registration Form, including a full name, date of birth, email address, a phone number, and, where applicable, details of the Card;
- The Application User must carefully and thoroughly read the General Terms, as consenting to and accepting them is an integral part of the Registration process;
- The Application User must agree to the General Terms, including the Privacy Policy and Cookies Policy.
2.1.2 The Owner reserves the right to suspend or cancel the User Account if, at any time, the Owner becomes aware that the Application User has ceased to meet any of the basic conditions for Registration.
2.2 Creating a User Account
2.2.1 One Application User can have only one User Account.
2.2.2 The Application User registers on the Application by creating a unique User Account through filling out the Registration Form, available on the Application.
2.2.3 The Application User guarantees that all information regarding their identity and capacity, as stated in the Registration Form, is true, accurate, complete, and not misleading.
The Application User undertakes to regularly update their data to ensure that the information is true, accurate, and complete for the entire duration of the User Account activity.
If the Application User provides any false, inaccurate, or incomplete information, or if the Owner deems that there are justified reasons to doubt the truthfulness, accuracy, completeness, or integrity of such information, the Owner may deny the Application User current or future access and use of the Application or any of its content and/or services.
2.2.4 The Application User must choose a username and password during Registration. The username and password are strictly confidential, personal, and non-transferable.
2.2.5 After filling out the Registration Form, the Owner will electronically provide the Application User with a Registration Confirmation to the email address associated with the User Account. Registration is considered successfully completed upon receipt of the Registration Confirmation by the Application User.
2.2.6 After successfully completing the registration process, all Application Users can access their User Account and further populate and edit it according to their preferences, the technical capabilities of the Application, and the General Terms.
2.3 General Obligations and Responsibilities
2.3.1 Safety and security of the User Account
2.3.1.1. The Owner does not guarantee the safety and security of the User Account.
2.3.1.2. The Owner recommends that Application Users take all precautionary measures to secure their User Account, including but not limited to choosing a username and password not already used for logging into other platforms.
2.3.2 Unauthorised access to the User Account by third parties
2.3.2.1. The Application User undertakes not to allow third parties to access their User Account and not to directly or indirectly make available any details of their User Account to third parties.
Application Users are solely responsible for any misuse of the Application and/or information and data available on the User Account resulting from a violation of the preceding provision of the General Terms.
2.3.2.2. The Owner does not guarantee the identity of registered Users of the Application, and therefore is not responsible for the misuse of the identity of any registered User of the Application by unregistered third parties and/or other Users of the Application.
The Application User undertakes to immediately and without delay notify the Owner, in writing and via Communication Channels, in case of suspicion that their data has been stolen, disclosed, or lost.
Upon receipt of the notice from the preceding provision of the General Terms, the Owner will take reasonable measures to further protect the User Account, which may include suspending or cancelling the User Account.
2.3.3 The content on the User Account
2.3.3.1. The Application User is the sole owner of the content they input into their User Account.
2.3.3.2. The Owner has no editorial responsibility, meaning it is not obligated to verify or otherwise control the content that Application Users input into their User Account.
2.3.3.3. Regardless of the foregoing, the Owner reserves the right to remove any Unauthorised Content at its discretion without the need for prior warning or subsequent notification.
2.3.4 Misuse of the Application by Application Users
2.3.4.1. The Application User must not use the User Account and/or other content on the Application (1) for unlawful purposes; (2) in violation of Applicable Laws and/or the General Terms; (3) in a manner that causes harm to the Owner, other Application Users, or third parties; or (4) in a manner that disrupts the functioning of the Application or damages its reputation.
2.3.4.2. The Application User who violates the above-mentioned obligations is responsible for any loss or damage caused. The Owner is not liable, nor will it accept, any responsibility for any consequences, loss, or damage that may arise from such unlawful use or third-party access to the Application.
2.3.4.3. Application Users are particularly, but not limited to, obligated to refrain from:
- altering or modifying the Application, in whole or in part, circumventing, disabling, or otherwise unauthorised access to its functions or services;
- violating any Intellectual Property rights in accordance with Applicable laws;
- violations of any rights related to personal data in accordance with the Applicable Laws;
- using the Application to insult, libel, intimidate, or harass the Owner, its employees and associates, other Application Users, or third parties;
- introducing computer viruses, damaged files, or any other software that may cause harm or alterations to the content or systems of the Owner, Application Users, or third parties;
- any act or omission that may cause any kind of harm to the Owner, the Application, other Application Users, and/or third parties.
2.3.5 Reporting misuse of the Application by Application Users
2.3.5.1. Each Application User may, in writing and through the Communication Channels, report another Application User if they believe they are violating the General Terms.
2.3.5.2. The Owner will act upon the report and verify the allegations as soon as possible.
2.3.5.3. The Owner will take all steps deemed appropriate, retaining the right to suspend and/or cancel any User Account due to violations of the General Terms.
2.4 Reviews from Services Users
2.4.1 The Owner may collect reviews from Service Users related to specific Service Providers and/or the Services they offer. The Owner reserves the right to publish these reviews on the Application and make them available to any other Application User, identifying them by the name of the Services Users who left the review, all in accordance with the Privacy Policy.
2.4.2 The Service User will be asked to leave the specified review through the Application only if they have used the Service from the Service Provider through the Application.
The Service User decides at their discretion whether to leave a review or not. However, by submitting a review, the Service User accepts its collection and, where applicable, publication by the Owner.
2.4.3 The length of reviews may be limited to a certain number of characters.
2.4.4 Reviews must not be in any way unlawful, offensive, derogatory, untrue, discriminatory, etc., towards the Owner, the Owner's employees and associates, Service Providers, any other Application User, or any third party.
2.4.5 The Owner reserves the right to filter reviews and to remove any review at its discretion that does not comply with the General Terms.
2.5 Theft or Misappropriation of Cards
2.5.1 Considering that the Owner cannot verify or guarantee the identity of registered Application Users, Application Users may notify the Owner, in writing and through Communication Channels, in case of theft or other misuse of the Card associated with their User Account.
2.5.2 Upon receiving the request, the Owner will take all necessary measures to block further payments using the mentioned Card.
However, the Owner will not be responsible for any misuse that third parties may carry out on the profile of the Application User and is not obliged to conduct any investigation into the misuse of the payment method by third parties, nor to block or prevent any suspicious transaction.
2.5.3 Reporting theft or other misuse of the Card in no way relieves the Application User of the obligation to report the theft or misuse of the Card to the competent state authorities and/or the bank that issued the Card.
2.5.4 The owner reserves the right to take appropriate actions on its own initiative in case of suspicion of theft or misuse of the Card by a particular Application User, and will inform the Application User about this through Communication Channels.
2.6 Suspending and Cancelling User Accounts
2.6.1 The Application User can voluntarily log out from the Application at any time by deleting their User Account using the "Edit Profile" section in the Application.
2.6.2 The Owner reserves the right to suspend and/or cancel any User Account in all cases provided for in the General Terms.
2.7 Consumer Rights Protection
2.7.1 All Application Users who, under the Applicable Laws, can be classified as 'consumers,' may exercise all rights in the field of consumer protection related to the Services advertised through the Application.
3. CONTRACTING AND PROVISION OF SERVICES
The Application, as a multi-category technological platform, supports the following modules available to the Application Users:
- module for Service Users; and
- module for Service Providers.
3.1 Module for Service Users
The module for Service Users allows searching, booking, and paying for Services provided by Service Providers through the Application.
3.1.1 Service Search
3.1.1.1. The search for Services advertised by Service Providers involves searching for Services using a combination of the following parameters and criteria: location, date, time, the number of people (including information about age, relationships, and certain personal characteristics and/or preferences), interests, and budget.
3.1.1.2. Service Users have the option to use the given parameters and criteria through filters and advanced search engines based on artificial intelligence available within the Application.
3.1.1.3. The Owner does not guarantee the accuracy and reliability of search results through the use of filters and advanced search engines.
3.1.2 Reservation of Services and Routes
3.1.2.1. The Application enables Service Users to reserve and pay for Services according to their preferences.
3.1.2.2. The Service User acknowledges that the availability of Services is subject to change, and that all Services advertised through the Application may not be available for Reservation at all times and to the same extent.
3.1.2.3. The application allows Service Users to, using filters and advanced search options to input parameters and criteria, organise a specific route consisting of multiple activities or Services by reserving multiple Services provided by the same or different Service providers at once.
3.1.2.4. The Owner is in no way responsible for the spatial or temporal compatibility of the Services that constitute a particular Route.
3.1.2.5. Upon booking each Service or Route, the Service User will be informed of the Total Amount Charged for the Services or Routes, which includes all costs of Reservation (including the Usage Fee, Service Price, Taxes, and Fees).
3.1.2.6. Service Users book and pay for a Service or Route by clicking on the "Reserve & Pay" option within the Application.
After clicking on the "Reserve & Pay" option, the Service User will be redirected to the payment page.
3.1.2.7. After the payment is completed, the Service User will receive a Reservation Confirmation for the Service or Route from the Owner.
If the Service User does not receive a Reservation Confirmation, they are obliged to contact the Owner immediately, in writing and via the Communication Channels.
Upon receiving the notification in writing, the Owner will promptly contact the Service User and provide them with appropriate technical support to ensure the successful Reservation of the desired Service or Route.
To avoid any doubt, the Owner shall not be liable for any damages incurred if the Service User fails to timely inform the Owner of the absence of the Reservation Confirmation.
3.1.2.8. Upon successful payment and receipt of the Reservation Confirmation, a direct contractual relationship is established between the Service Provider and the Service User.
To avoid any doubt, the Owner is not a contracting party in the relationship between the Service Provider and the Service User.
3.1.2.9. After successfully Reservation of Services or Routes, Service Users are required to adhere to all instructions and notices published on the Application by the Service Provider or otherwise received from the Service Provider.
3.2 Module for Service Providers
The Service Providers module allows advertising Services through the Application.
3.2.1 Previous conditions for advertising Services through the Application
3.2.1.1. No Service may be advertised through the Application by the Service Provider before the Service Provider concludes a Cooperation Agreement with the Owner, which includes the specifications of the respective Service.
3.2.1.2. The request for concluding the Cooperation Agreement must be addressed to the Owner via web page www.travelaizer.com or through agents or authorised representatives of the Owner.
3.2.1.3. After concluding the Cooperation Agreement, the Service Provider is obligated to open a User Account on the Application in accordance with the General Terms.
3.2.2 Advertising Services
3.2.2.1. The Service Provider independently completes and fully guarantees the accuracy, correctness, and completeness of the information about the Services it offers through the Application.
3.2.2.2. The Service Provider is obliged to compensate for any damages suffered by Service Users in case of non-compliance of the Services with the content advertised on the Application or for failure to provide Services in the manner and under the conditions advertised on the Application.
3.2.3 Changes and Withdrawal of Services from the Offer
3.2.3.1. The Service Provider may at any time and in accordance with the Cooperation Agreement withdraw a Service from the Application or modify the description of the Service, provided that they have not already undertaken the obligation to deliver a specific Service to the Service User. Assuming the obligation is considered the establishment of a contractual relationship between the Service Provider and the Service User, which occurs at the moment of receiving the Reservation Confirmation from the Service User.
3.2.3.2. The Owner reserves the right to remove any Service advertised on the Application at any time if it does not comply with the General Terms, or if the Service Provider violates the General Terms or the provisions of the Cooperation Agreement.
3.2.4 The Responsibility for Providing Services
3.2.4.1. The Service Provider guarantees and is responsible for:
- providing Services in accordance with Applicable laws;
- paying all Taxes, duties, and other levies imposed by governmental and other public authorities in connection with the provision of the Services;
- obtaining all permits, licenses, approvals, and consents from governmental and other authorities that are necessary and/or advisable for the provision of the Services;
- health, safety, and security of the Service Users during the provision of the Services;
- compliance of the Services with the descriptions, photographs, or other promotional material published on the Application; and
- all material or immaterial damage suffered by the Service User in connection with the Service advertised by the Service Provider through the Application.
3.2.4.2. The Service Provider is obliged to ensure that descriptions, photographs, or other promotional materials they publish on the Application:
- faithfully represent the Service;
- do not violate intellectual property regulations in accordance with Applicable Laws;
- do not contain computer viruses, damaged files, or any other software that may affect the functioning of the Application;
- do not violate regulations regarding the protection of personal rights in accordance with the Applicable Laws;
- are not offensive, derogatory, untrue, discriminatory, etc., towards the Owner, employees and associates of the Owner, Service Providers, or any other Application User or third party.
3.2.4.3. The Owner is in no way responsible for the conformity of the Services with the descriptions, photographs, or other promotional materials on the Application, nor for the provision of Services.
4. FEES, PRICES, AND PAYMENTS
4.1 Registration Fee for the Application
4.1.1 Users of the Application can register on the Application for free.
4.1.2 The Owner reserves the right to modify the terms for Registration on the Application at any time, including the price for opening and maintaining a User Account, and is obligated to inform the Users of the Application in writing in accordance with the Applicable Laws.
4.2 Usage Fee
4.2.1 Usage Fee for Application
4.2.1.1. In order to continuously improve the Application and enhance the overall User experience, the Owner will charge Service Users a Usage Fee.
4.2.1.2. The amount of the Usage Fee may be fixed or variable depending on the circumstances and characteristics of the specific case.
4.2.1.3. The amount of the Usage Fee will be clearly indicated during the Reservation of any Service through the Application.
4.2.1.4. The Application Usage Fee will be charged to the Card selected by the Service User for payment of the specific Service and linked to their User Account.
4.2.2 Usage Fee for the Service Providers
4.2.2.1. In order to continuously improve the Application and enhance the overall user experience, the Owner will charge Service Providers a Usage Fee.
4.2.2.2. The amount of the Usage Fee for Service Provider and the method of payment thereof are regulated by the Cooperation Agreement.
4.3 Service Fee
4.3.1 Service Providers independently determine the Service Fee they advertise through the Application.
4.3.2 Service Providers are obligated to update the Service Prices as provided in the Cooperation Agreement and the General Terms.
4.3.3 The Service Provider is solely responsible for the Service Fee, and therefore, the Service User is obliged to directly contact the Service Provider in case of any complaints or objections regarding the charged Service Price.
4.3.4 All Service Prices listed on the Application include all Taxes, Fees, and other charges that may be applicable to the specific Service.
Exceptionally, any Taxes and other charges that are not calculated or collected at the time of Reservation will be directly charged by the Service Provider, in addition to the Service Price. However, Service Providers are required to inform Users of such Taxes or charges from government authorities in writing before Reservation. Otherwise, Service Providers are obliged to independently reimburse such Taxes and charges on behalf of the User Account.
4.3.5 All Service Fees listed on the Application must be expressed in EUR.
4.4 Billing
4.4.1 The Service User pays for the Services with the Card linked to their User Account.
4.4.2 Upon linking the Card to their User Account, Service Users must provide Card details. The Owner does not store Card information on its servers. Full Card information will be stored on the payment application servers through which payments are processed.
4.4.3 If it is not possible to make the payment using the selected payment method, the Service User must link another Card to their User Account.
4.4.4 By Registering through the Application and providing the necessary information, Service Users explicitly authorise the Owner to issue invoices for the payment of requested Services.
4.4.5 The Service User expressly authorises the Owner to send invoices for paid Services electronically to the email address associated with their User Account.
4.4.6 In case of any difficulties encountered by the Service Users during the payment of the Service, they are required to directly contact the payment application through which the payments are made and/or the bank that issued the relevant Card.
4.5 Refund of Funds
4.5.1 In the event of a dispute, the Owner may, upon receipt of notification from the Service User in written form and through Communication Channels, provide first-line support and compensate the Service User for damages, if deemed appropriate.
4.5.2 In case the Owner discovers that the Service User requesting a refund for a particular Service has abused the Application, this request will be promptly denied.
4.5.3 Regardless of the above, the Owner shall not be obliged to provide any refund due to deficiencies in the provision of the Service. Furthermore, any refund made by the Owner due to its high standards of customer satisfaction shall not be considered a waiver of this exclusion of liability inherent in the Owner's status as a mere intermediary and not a contractual party in the relationship between the Service Provider and the Service User.
4.6 Promotions
4.6.1 The Owner may unilaterally offer certain Promotions to specific Service Users at any time.
4.6.2 The Duration of Promotion
4.6.2.1. The Service User acknowledges and accepts that all approved Promotions must be used only within the validity period set by the Owner for each Promotion individually.
4.6.2.2. If the Owner does not specify the duration at the time of communication and/or approval of the Promotion, it will be considered that the duration of the Promotion is three (3) months from the date when the respective Promotion was made available to the Service User.
4.6.3 Scope of the Promotion
4.6.3.1. The Service User acknowledges and accepts that the approved Promotion may only be applicable to certain Services advertised through the Application or only under certain circumstances and conditions (e.g., Reservation the first Service, Reservation Services within a specific area, Reservation Services at a certain time of year/day, Reservation Services of a certain type, etc.).
4.6.4 Use of Promotion
4.6.4.1. Promotions granted to Service Users must be correctly entered into the Application by the Service User at the time of Reservation the specific Service. Otherwise, the Service User will not be able to use the respective Promotion.
4.6.4.2. Application Users hereby agree and consent to the possibility of delays in the implementation of Discounts or Promotions from the moment they are announced and/or approved to the moment they can actually be used.
4.6.4.3. The Service User confirms and accepts that all Promotions are valid only once per Service User and may be limited based on various criteria such as device type, Card, email address, phone number, User Account, unless otherwise expressly stated by the Owner regarding a specific Promotion.
4.6.5 Technical Glitches
4.6.5.1. Users of the Application are required, in writing and through Communication Channels, to notify the Owner of any technical difficulties encountered in applying the approved Promotion. Otherwise, the Owner shall not be obligated to approve a new Promotion for the Application User.
4.6.6 Cancellation and Withdrawal of Promotions
4.6.6.1. The Owner may unilaterally cancel any Promotion at any time.
4.6.6.2. The Owner particularly reserves the right to unilaterally cancel and withdraw any Promotion, whether offered or already approved, if it becomes aware of its malicious use (such as, among other things, promotional codes used by someone who is not a legitimate recipient, mass distribution of codes, or sale of codes or discounts).
4.6.6.3. Additionally, the Owner reserves the right to take all necessary measures in accordance with the General Terms and Applicable Law against Application Users for the amount that the Owner has been defrauded of, as well as for the suspension and/or cancellation of the User's account on the Application.
4.6.7 Force Majeure and Other Unforeseen Events
4.6.7.1. The Owner shall not be held liable if, due to force majeure events or other unforeseeable circumstances beyond its control or deemed necessary, it is compelled to cancel, shorten, extend, or modify the terms of the Promotion.
4.6.7.2. In particular, but not exclusively, the Owner disclaims responsibility if the Application becomes unavailable at any designated time during the Promotion or due to a malfunction in the automated Promotion system.
5. CANCELLATION OF SERVICES, RIGHT TO WITHDRAW, AND REFUNDS
5.1 Cancellation of Reservation by the Service User
5.1.1 Right to Cancel the Reservation
5.1.1.1. In accordance with the nature of the intermediary Service provided by the Owner through the Application, the Service User is aware that, once the Service Provider voluntarily accepts a specific Reservation, a contractual relationship is established between the Service User and the Service Provider.
5.1.1.2. The Service User may cancel the Reservation through the Application at any time without the obligation to state specific reasons for the cancellation.
5.1.1.3. Depending on the time of cancellation, the Service User may be entitled to a refund of the Total Amount Charged from the Owner, under the conditions specified in the description of each Service individually, in the 'Cancellation' section.
5.2 The Cancellation of the Reservation by the Service Provider
5.2.1 The Right to Cancel the Reservation
5.2.1.1. The Service Provider may cancel a specific Reservation only in the event that they are objectively unable to provide the specified Service due to force majeure or other circumstances beyond their control.
5.2.2 Responsibilities in Case of Reservation Cancellation
5.2.2.1. In case of Reservation cancellation by the Service Provider, the Service User will be refunded the full amount charged.
5.2.2.2. The Service Provider is obliged, in the event of Reservation cancellation, to reimburse the Owner for the Usage Fee, which was part of the Total Amount Charged and refunded to the Service User.
6. MODERATION AND/OR CHANGES TO PUBLISHED CONTENT
6.1 Unauthorised Content
6.1.1 The Owner reserves the right to suspend or cancel the User Account of certain Application Users, as well as to remove certain types of content, using appropriate technological tools, if it becomes aware or there are indications that the activities of the Application Users or the information and content posted on the Application represent Unauthorised Content.
6.1.2 The Owner may, at its discretion, implement any filters deemed necessary or advisable to prevent the use of the Application for posting Unauthorised Content.
6.2 Reporting Unauthorised Content
6.2.1 Any Application User or third party may contact the Owner via Communication Channels to report the presence of Unauthorised Content on the Application.
6.2.2 The Owner will examine each received report, provided that it includes a sufficiently substantiated explanation of the reasons why the information is alleged to constitute Prohibited Content.
6.2.3 The Owner may, at its own discretion, take all appropriate measures it deems necessary to act upon the report.
6.3 The Use of Algorithms and Parameters for Ranking
6.3.1 The Owner reserves the right to decide on the algorithms and parameters applied for ranking Service Providers and the Services themselves appearing on the Application.
6.3.2 Users of the Application acknowledge and accept that the mentioned rankings may depend on multiple factors and parameters, including but not limited to: previous reviews, the timeliness of the Service Providers, as well as any agreements that the Owner has reached with the said Service Providers regarding their positioning and visibility.
7. RESPONSIBILITIES AND GUARANTEES
7.1 Responsibilities and Guarantees regarding the Application
7.1.1 The Application Users are responsible for possessing the necessary conditions and equipment for accessing the internet and using the Application.
The Application Users may report to the Owner any problems or difficulties in accessing the Application via the Communication Channels.
In the event of the provision above, the Owner will direct the Application User to an appropriate mechanism for resolving the issue as soon as possible.
7.1.2 The Owner does not guarantee the absence of errors or interruptions when accessing the Application or its content, nor that it will always be updated.
Therefore, the Owner is not responsible for any interruptions in the operation of the Application, connection errors, unavailability or malfunctions, internet outages, or for any other events that are beyond its control.
Regardless of the above, the Owner will, except in circumstances that make it difficult or impossible, take all necessary steps to correct such errors, restore communication, and update content as soon as it becomes aware of errors, connection interruptions, or outdated content.
7.1.3 The Owner does not accept any responsibility for any security errors that may arise or for any damage that may be caused to the computer system (hardware and software) or mobile phone of the Application User, or to files or documents stored therein, as a result of:
- the presence of viruses in the computer system or mobile phone of the Application User, used to connect to the content and Services of the Application;
- failure of the browser; and
- use of outdated versions of computer systems or mobile phones.
7.2 Responsibilities and Obligations Regarding the Content Published on the Application
7.2.1 The Owner does not carry out regular control and is not responsible for the content that Application Users post via the Application. Application Users are solely responsible for the legality, permissibility, and acceptability of such content.
The Owner does not conduct regular monitoring and is not responsible for how Application Users use the Application. Therefore, the Owner does not guarantee that Application Users use the Application in accordance with the General Terms or in a diligent and/or cautious manner and in accordance with Applicable Laws.
Furthermore, the Owner does not verify and is not obligated to verify the identity of the Application Users, including the truthfulness, validity, completeness, and/or authenticity of the data they have provided.
7.2.2 The Owner does not provide any guarantees regarding the authenticity, accuracy, reliability, legality, or permissibility of the Services provided by Service Providers.
The Owner acts solely and exclusively as an intermediary, and therefore does not accept any responsibility arising from the information provided by Service Providers or for any loss or damage that Application Users may potentially suffer due to the violation of the General Terms.
7.2.3 By using the Application, the Application Users accept that all claims and actions they wish to initiate for legal liability arising from the actions or omissions of other Application Users or third parties will be limited to such Application Users or third parties, and that they will not take any claims and actions against the Owner.
7.3 Responsibilities and Warranties Regarding Service Users Reviews
7.3.1 The Owner is not responsible for the content of any review left by any Service User, whether it is published on the Application or not, and assumes no responsibility for any damage caused by such reviews.
Without limiting the foregoing, the Owner will take appropriate measures to prevent false, offensive, and malicious reviews.
7.4 Responsibilities and Obligations Regarding Services
7.4.1 The Owner in no way is responsible, guarantees, or assumes any liability for the Services offered by Service Providers.
The Owner does not provide the aforementioned Services and, therefore, cannot be held responsible for their timely, accurate, and complete provision.
7.4.2 The Application Users release the Owner from any liability that may arise from the availability, organisation, and/or provision of Services requiring special permits or licenses, or Services prohibited by any Applicable law.
If the Owner becomes aware that Application Users are using the Application to provide, promote, purchase, and/or sell prohibited, unauthorised, or illegal Services, the Owner may take appropriate measures against the relevant Service Provider, including, in particular, suspension and cancellation of the User account.
7.4.3 Service Providers are solely responsible for executing, providing, organising, and coordinating any Service they offer through the Application.
8. UPDATES AND CHANGES TO THE APPLICATION
8.1 Updates of the Application
8.1.1 The Owner reserves the right to update, supplement, or delete information contained in the Application at any time and without prior notice, unless prior or subsequent notice is required by Applicable Laws.
8.1.2 The Owner reserves the right to update, modify, or supplement the appearance, presentation, access conditions, as well as all other technical and software solutions related to the Application at its own discretion.
8.2 Updating Documents of Importance for the Application Operation
8.2.1 The Owner reserves the right to amend the General Terms, Privacy Policy, Cookies Policy, and all other documentation relevant to the operation of the Application at any time.
8.2.2 The Owner will notify all Application Users of any changes and additions, in the manner prescribed by the Applicable Laws.
8.2.3 Each Application User has the right to discontinue the use of the Application in the event of changes to the General Terms, Privacy Policy, Cookies Policy, or other documentation significant for the operation of the Application. However, if an Application User continues to use the Application after becoming aware or could have become aware of the changes in the documentation significant for the operation of the Application, it shall be deemed that they have fully accepted the changes.
8.2.4 All Reservations are subject to the versions of the General Terms, Privacy Policy, Cookies Policy, or other documentation significant for the operation of the Application that were in force at the time of receipt of the Reservation Confirmation.
9. INTELECTUAL PROPERTY RIGHTS
9.1 Intellectual Property Related to Application
9.1.1 The Owner is the owner or licensee of all Intellectual Property rights related to the software and the Application.
Intellectual Property rights, as well as text, images, graphic design, navigational structure, information, and content contained therein, belong to the Owner, who has the exclusive right to exploit its rights in any way, particularly the right to reproduce, distribute, publish, and transform, in accordance with Applicable laws.
9.1.2 The authorisation of the Application access by the Application Users does not imply waiver, transfer, licensing, or full or partial assignment of any Intellectual Property rights by the Owner.
It is forbidden to delete, bypass or in any way change the content of the Application. In addition, modifying, copying, reusing, exploiting, reproducing, publishing, making a second or subsequent edition, uploading files, mailing, transmitting, using, processing or distributing in any way all or some of the content included in the Application for public or commercial purposes are also prohibited, except with the express written authorization of the Owner or, where applicable, with the authorization of the owner of the rights in question.
9.1.3 The Owner reserves the right to suspend or block the User Account of any Application User who is suspected of abusing or intending to misuse the Owner's Intellectual Property, in such a way that, among other things:
- conducts excessive amounts of searches on the Application;
- uses devices or software to collect prices or other information;
- undertakes other actions that create a large load in the operation of the Application; etc.
9.2 Other Intellectual Property Rights
9.2.1 The content posted on the Application or on behalf of any third party, including but not limited to the Users of the Application, remains their exclusive property, given that those persons are fully responsible for any damage, claim and/or liability that may arise directly or indirectly from content posted by them and/or posted on their behalf.
9.2.2 By registering for the Application and agreeing to the General Terms, the User of the Application grants the Owner, in relation to the content he can provide, a global, irrevocable and transferable license, free of charge, with the right to sublicense, use, copy, modify, create derivative works, distribute, publish and exploit in any way that the Owner deems appropriate, with or without further communication with the User of the Application and without payment of any sums for such use. All of the foregoing shall be construed as granting the said rights only to the maximum extent permitted under the Applicable Laws.
10. USER SUPPORT AND COMMUNICATION CHANNELS
10.1 Communication Channels
10.1.1 The Application Users can communicate with the Owner through the following communication channels:
- via email address info@travelaizer.com; and
- by sending a message by clicking on the option "Help Center" on the Application.
10.2 Communication between Application Users
10.2.1 The Owner may assist in the communication between the User of the Services and the Provider of the Services, but this in no way means, nor does it imply taking responsibility for the provision of the Services.
10.2.2 The Owner does not guarantee that any Application User will read the message or act in accordance with the request.
11. OTHER
11.1 Severability of Provisions of the General Terms
11.1.1 The invalidity or unenforceability of any provision of the General Terms shall not affect the validity or applicability of the General Terms as a whole.
11.1.2 The Owner shall replace the void or unenforceable provision of the General Terms with a correct and valid provision, bearing in mind the effect economically most similar to the invalid provision.
11.2 Governing Law and Jurisdiction
11.2.1 The relationship between the Owner and the Application User is regulated and interpreted in accordance with the General Terms and the laws of Montenegro.
11.2.2 Any dispute between the Owner and the Application User will be resolved before the competent court in Montenegro.