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General terms and conditions of carriage

A. General Terms

These General Terms and Conditions of Carriage govern the relationships between Žičara Kotor Lovćen (hereinafter "Kotor Cable Car") and its passengers (hereinafter "The Passeger") outlining their respective rights, duties, and usage options. The General Terms and Conditions of Carriage take effect from the 01.05.2024 and remain in force, subject to any amendments made from time to time, until they are republished. The current valid version is available at www.kotorcablecar.com.

Subject General Terms and Conditions of Carriage (hereinafter also referred to as "GTC") shall be deemed as part of the contract of carriage concluded with Kotor Cable Car. By purchasing the ticket, the customer/passenger agrees to the application of the GTC and contract of carriage is entered into with the Kotor Cable Car. By visiting premises and facilities of the Kotor Cable Car, as well as using a valid ticket, the passenger accepts all General Terms and Conditions of Carriage and undertakes to respect them while using the services online and on site provided by Kotor Cable Car.

Any declination from these conditions shall be considered valid only if they have been approved and confirmed in writing by the Kotor Cable Car, otherwise, these conditions apply to all passengers without limitation.

Kotor Cable Car shall not be liable for any injury, harm, or damage, whether direct or indirect, arising from or related to the health condition or medical circumstances of any passenger. This includes, but is not limited to, physical injury, illness, aggravation of pre-existing conditions, or any other health-related issues. Passengers are advised to ensure their own physical condition and health status to participate in the cable car ride and acknowledge that they do so at their own risk.

Breaching the General Terms and Conditions of Carriage, as well as repeated failure to follow instructions, will result in exclusion from any further carriage and revocation of the ticket without the possibility for replacement or refund. Furthermore, the severity of the violation and the extent of material damage caused may result in the individual being liable to pay a financial fine as determined by the relevant authorities, governing body, or Kotor Cable Car.

The following transport conditions refer to the transport of persons, objects, and animals, as well as the stay in all areas and facilities of the Kotor Cable Car. For the avoidance of doubt, the stipulated General Terms Conditions of Carriage must be respected by passengers for the entire time of their stay at the Kotor Cable Car, both during the cable car ride but also during visits to any additional facilities within the cable car premises, including but not limited to areas between the main facilities, public areas, and other recreational areas on the property of the cable car.

 

B. Rules of Conduct of The Passenger

Every passenger has the obligation to comply with the stipulated rules and policies in order to ensure the regular operation of the cable car, to protect its safety and the safety of all other passengers.

Before boarding, it is essential to follow the instructions and inform about specific limitations:

· It is mandatory to adhere to the rules of order and follow the instructions of the official staff.

· To not attempt to exit the cabin until it has completely arrived to the station.

· To not lean on or rock the cabin.

· Children under 12 years must be accompanied by at least one person 18 years of age or over.

· To not use bicycles, roller skates, roller blades, scooters, or skateboards (regarding this issue the latest rules and instructions published on the site shall be considered valid).

• To not use use emergency exits except in an emergency or when instructed to do so by staff.

The passenger must cooperate with the staff in such a way that they will show the printed ticket/e-ticket upon entry and keep it for the entire time they are on the cable car. The passenger is also required to show the ticket to a member of staff or any other authorized person for inspection at any time during their stay on the cable car or when using any other facility or service within Kotor Cable Car, if authorized persons request it.

The passenger is required to possess the correct type of ticket. Any passenger found to be using a ticket that does not correspond to their age category or other relevant criteria specified in the price list will be subject to additional charges or denied access to the cable car, at the discretion of the cable car operator.

The passenger must exit the cabin at the station opposite from where they embarked. It is prohibited to remain in the cabin and continue on a return journey without disembarking at the opposite station. This rule is in effect regardless of the passenger's intended destination or type of ticket. The staff will monitor passenger exits at each station to ensure compliance with this rule. Failure to exit at the designated station may lead to enforcement actions, including removal from the cabin, fines, or reporting to authorities.

Parking is only allowed at designated premises of the Kotor Cable Car and shall not be held liable for any damages, theft, or losses related to vehicles parked in its parking facilities. Vehicle owners are solely responsible for securing their property and taking appropriate precautions. By using the parking facilities, users agree that the Kotor Cable Car has no responsibility for any incidents involving their vehicles.

Without limitation, all passengers are obliged to comply with the instructions and guidelines of authorized persons.

Kotor Cable Car reserves the right to refuse entry/travel to any passenger displaying abusive or aggressive behavior towards staff or any other passenger.

For any damage that the passenger causes in the cabin or any part of the cable car, the passenger will be financially responsible. Notwithstanding the above, the passenger is free to prove that the damage was not caused by its fault, and in that case, the person will be released from such responsibility.

It is not allowed to damage, destroy, break, or soil the cabins and other work equipment, climb on structures and bridges, or take other actions that can hinder or endanger the operation of the cable car and the safety of passengers.

If the passenger do not comply with the warnings and instructions of the authorized persons, i.e. if they violate any obligation of conduct, they will be obliged to pay a fine up to the amount of 1.000,00 EUR, or in case of gross non-compliance, they will be reported to the competent authorities.

The passenger will be liable to pay a financial fine up to 1.000,00 EUR, depending on the extent of damage and liability, to be determined on a case-by-case basis.

Regardless of the above, the Kotor Cable Ca reserves the right to charge, in addition to the above, the actual amount of damage caused by the passenger.

If necessary, the staff of Kotor Cable Car may refer passengers to specific cabins or seats (caused by operational or functional reasons), in which case passengers are obliged to respect such seating arrangement.

No standing, swinging and changing places is allowed while the cabin is in motion.

Throwing objects out of the cabin or carrying hazardous materials of any kind is not allowed. The Kotor Cable Car will in no way be held responsible for any injury, damage or health hazard that is a consequence of this.

In case of any unforeseen circumstances (e.g. if the carriage stops) passengers are obliged to remain calm and follow the instructions of the competent persons of Kotor Cable Car.

In the event of Force Majeure, in particular weather conditions (higher wind speeds, danger of storms, thunderstorms, etc), operational disruptions or unforeseeable circumstances that may impair the safety of the carriage, operation of the Kotor Cable Car shall be suspended while the passengers will be informed on this without any delay.

 

C. Refund Policy

Once purchased, the tickets are non-refundable. However, in the event that the cable car is not operational due to technical issues or weather conditions, passengers will receive a full refund or the option to exchange their ticket for another date within the same operating season.

The cable car reserves the right to adjust operating hours for each season as necessary due to inclement weather conditions.

If unforeseen circumstances occur which according to the passenger opinion endangers him to use the ticket the option to exchange their ticket for another date within the same operating season. Kotor Cable Car management may consider the possibility of refunding the money, but this option is not guaranteed and will be evaluated on a case-by-case basis. It is important to note that requests for refund or exchange of a ticket must be submitted via official email as soon as such circumstance occurs. Kotor Cable Car will appreciate the circumstances and respond to each such request within 14 days from the day of its receipt, whereby the Kotor Cable Car reserves the absolute right to reject the request for a refund without any special reasoning for such a decision. Any request for a refund must be sent to [email protected] along with any required supporting documentation as specified in these General Terms and Conditions of Carriage.

Additionally, the Kotor Cable Car management reserves the right to modify the refund policy at any time.

For the avoidance of doubt, lost tickets can not be replaced nor refunded.

 

D. Guidelines for Transporting Persons, Animals, and Objects

The passenger is entitled to carriage if in possession of a correct and valid ticket. The ticket may be purchased at ticket offices at the Lower Station Dub and the Upper Station Kuk as well as the official web shop of the Kotor Cable Car.

The tickets must be kept until the end of the journey and until voided at the access control points. If the ticket is lost, the passenger has no right to a replacement.

Tickets are valid based on the latest information, ongoing promotions, or for a specified time during the season. If there are variations in ticket validity, such as promotional or limited-time offers, passengers will be informed accordingly.

Each cabin may be occupied by a maximum of ten persons (max 750 kg) – regardless of age and size.

Accompanying persons must be at least 18 years of age while it will be understood that they have the physical and mental maturity to care for the children to look after.

Pets are allowed, in selected pet friendly cabins, and its owner is fully responsible for their behavior. Kotor Cable Car staff reserve the right to refuse a ride to any pet that, in their judgment, could pose safety concerns—for example, if the animal appears aggressive or overly restless. In all cases, passengers should check with the designated Kotor Cable Car representative to confirm whether their pet is permitted to ride before purchasing a ticket.

The owner of pet must keep it under control and must not allow it on a seat. The owner is fully and without limitation responsible for all actions of the animal.

Regardless of the above, it is always necessary for passenger to check whether the other passengers also agree that the pet is in the cabin. If this is not the case, the passenger with the pet will wait for the first empty gondola to use it with the pet.

It is strictly prohibited for a passenger to carry anything that:

• Is hazardous or inflammable

• Is likely to cause injury or obstruct other passengers or staff

• Is likely to cause damage to the Kotor Cable Car

Transport of any additional objects in the cabin is forbidden, besides the usual personal belongings of the passenger (bag, jacket, etc.).

The cable cars may be used in the same manner and under the same conditions by all passengers.

Reservations and special tours are possible and allowed only with the express consent of the Kotor Cable Car, in which case all needed details will be arranged subsequently with the authorized staff.

 

E. Lost Property

Within the ticket office at the Lower Station Dub, there is a sector for keeping things that are forgotten during the ride.

Kotor Cable Car assumes no responsibility for items lost by passengers. However, the Cable Car is required to retain any found items until the end of the season, which is defined as the period during which the cable car is open and operating.

 

F. Liability

In general, the Kotor Cable Car does not assume any responsibility towards passengers for all kinds of unfavorable events and incidents during the use of the facilities and content of the cable car.

Kotor Cable Car is not responsible for any damage caused by the activities of other passengers, nor any by activity of any other person who provide services in any additional facilities of the cable car.

Possible liability of the Kotor Cable Car can arise solely based on fault and is limited to intent and gross negligence, and such liability will be determined on a case-by-case basis.

 

G. Applicable Law

These General Terms and Conditions are subject to the law of Montenegro.

In case of any dispute, the courts at Montenegro shall have jurisdiction.

 

 

II. TICKET PRICE

The ticket price published on the website shall apply at any time. The same information on ticket prices will be displayed in visible places at the Lower Station Dub and Upper Station Kuk.

Ticket prices for the cable car service are subject to change at any time without prior notice. These changes may be influenced by factors such as seasonal variations, demand, special events, or other operational considerations.

Discounts, promotions, or special offers for ticket purchases may also change at any time without prior notice. Existing discounts may be modified, suspended, or discontinued at the sole discretion of the operating company.

The current ticket prices and any applicable discounts or special offers are published on the official website of Kotor Cable Car. It is the passenger's responsibility to check the website for the latest pricing information before purchasing tickets.

Kotor Cable Car does not provide refunds or compensation for changes in ticket prices, discounts, or promotions that occur after a ticket has been purchased.

The only authoritative source for current ticket prices is the official website of the Kotor Cable Car. Other sources of pricing information may not be accurate or up-to-date. Passengers should always refer to the official website to confirm the latest ticket prices.

Payment against an invoice is permitted when a group of passengers is arriving, organized by Service Providers in accordance with the conditions outlined in Section V. of this document.

Kotor Cable Car reserves the right to change the stated prices at any time, to provide a discount to a certain category of passengers, or to allow a certain group of passengers to pay tickets via invoice.

In any case, the decision on the above is at the discretion of the Kotor Cable Car, while the passenger will be informed of any changes in a timely and appropriate manner.

 

III. VALIDITY OF PROVISIONS OF THE GTC

If any provisions of these General Terms and Conditions of Carriage are or become wholly or partially invalid, void, or unenforceable for any reason, or if these General Terms and Conditions contain omissions, such circumstances shall not affect the validity or enforceability of the remaining provisions.

 

IV. DATA PROTECTION

The passenger's data will only be processed in compliance with the Law on Personal Data Protection. The passenger can find full data protection policy at www.kotorcablecar.com.

To the extent necessary to fulfill the contract or is required by law, Kotor Cable Car may also pass on personal data to third parties. Kotor Cable Car guarantees that the persons authorized to process

such personal data have undertaken to maintain confidentiality or are subject to an appropriate statutory duty of confidentiality. Kotor Cable Car ensures that its employees are familiar with all relevant data protection regulations.

 

V. REGULATIONS FOR COOPERATION WITH TRAVEL AGENCIES, TOUR OPERATORS AND OTHER TOURIST SERVICE PROVIDERS

This regulation aims to regulate in general cooperation between Kotor Cable Car and travel agencies, tour operators, and every other tourist ervice provider that can, on the basis of a special agreement concluded with Kotor Cable Car, sell tickets under special conditions.

For the avoidance of doubt, Kotor Cable Car may, at its own discretion choose travel agency, tour operator, limited liability company, or any other legal entity that provides tourist services (herein “Service Provider”) and conclude agreement on business cooperation with such entity in order to promote and improve the work of Kotor Cable Car.

A cooperation agreement, if signed, shall regulate, including but not limited to the method of invoicing and payment deadlines; deadlines in which the intermediary is obliged to inform or to announce the arrival of the group to the Kotor Cable Car as well as details which such notice must contain, how the intermediary will notify the Kotor Cable Car, changes in number of passengers etc.

A mandatory element of the subject agreement shall also be the discount that the Service Provider, i.e. the intermediary in the sale of tickets, would obtain, as well as the conditions for obtaining the same.

By entering into this agreement, the Service Provider commits to notifying Kotor Cable Car of any feedback collected from the passengers, with the aim of improving cooperation and service quality.

Notwithstanding any specific conditions agreed upon in individual cases, all passengers must comply with the General Terms and Conditions of Carriage. These terms shall apply without limitation to all passengers, including those who purchase tickets as described above.

Passengers referred by any mentioned Service Provider do not have the right to refunds, exchanges, or other rights in relation to the Kotor Cable Car. Any such claims must be directed exclusively to the Service Provider.

For the avoidance of doubt, all details of the mutual rights and obligations and responsibility between Kotor Cable Car and the Service Provider will be the subject of any separate agreement that is to be concluded.

 

VI. ALPINE COASTER

Given that passenger may access additional facilities within the cable car, they are required to comply with all the rules outlined in these General Terms and Conditions of Carriage while using such facilities.

Regarding the Alpine Coaster located at Upper Station Kuk the passenger is obliged to observe the following rules without exception:

- Anyone over 8 years old and at least 1.35 m tall is allowed to use the Alpine Coaster on their own, while children between 3 and 7 years may ride in two-seater sleds together with an older person (older than 8 years, at least 1,35 m tall) who has been made familiar with the installation and to whom full responsibility has been transferred by the supervising personnel.

- Children under 3 years and persons who, e. g. due to physical or mental restrictions, cannot sit properly on the sled or cannot operate it properly are excluded from the ride for safety reasons (if necessary, they can use it in the company of a specialist or person they trust, who then assumes responsibility for the users), pregnant person, the person who is intoxicated through alcohol, drugs, medication are not allowed to use Alpine Coaster.

- It is not allowed to carry any animals, or bulky, pointed, or loose objects.

- The rider uses this sports installation at their reliability, their own risk, and wearing suitable clothing when doing so is mandatory.

- Rider must control their speed so as not to endanger themselves or others. It is mandatory to keep at least 25 m behind the sled in front. Tailgating is prohibited. In any rear-end collision the rider of the rear sled is liable for all consequences.

- Reckless driving can lead to serious injuries so the rider is obliged to brake in time, and then enter the station area at the end of the track at walking speed (especially at the end of the track most attention and caution is needed).

- Riders must always look to the front and keep their upper body facing in the direction of travel at all times while leaning out is not allowed.

- Rider must observe all traffic signs and concentrate on the next section of the track (at least 25 m).

- The starting instructions of the staff and starting intervals specified must always be followed. Rider shall not ride too slowly.

- The use of an alpine coaster is allowed only using the sleds provided. The safety belt must be held on throughout the entire descent and ascent and passengers must not undo it.

- The taller or sole passenger always sits at the back and is responsible for safety. They always keep both hands on the brake levers and must at all times be in a position to operate them. The person in the front always keeps their hands on the grab handle. It is forbidden to touch the track or reach under the sled.

- Arms and legs are to remain in the sled during the entire ride.

- It is not recommended to bring loose clothing (caps, scarves, shoelaces, etc.) as well as long hair in the proximity of the track or the sled wheels.

- Getting on and off is allowed only at the entry and exit points intended for the purpose. Users may start and/or end the ride only at the specified points for doing so.

- Smoking and the use of cell phones, cameras, etc. is prohibited during the entire trip. The passenger is liable for any damage or loss caused by electronic devices.

- The total weight of the passengers must not exceed 150 kg per sled.

- Accidents and damages must be reported to the operating personnel immediately.

- It is forbidden to damage the facility, the equipment or the sleds, to create obstacles, to put the system into operation without authorization, to operate the facilities serving the operation or the prevention of accidents, or to carry out other acts of that.

- Operation will be halted where weather conditions cannot guarantee visibility of 25 m, in the event of a storm or darkness.

- The instructions given by the staff must be followed. Failure to observe the conditions of use will result in exclusion from the installation.

- With the payment or the purchase of a ticket riders accept these conditions irrevocably. All compensation claims are excluded.

While using any additional amenities within the cable car, the passenger must follow the instructions of authorized staff and act in accordance with these General Terms and Conditions of Carriage. Failure to comply with these rules may result in appropriate sanctions, including but not limited to removal from the entire cable car premises and denial of access to any services or amenities.

 

VII. GUIDELINES FOR CONDUCT IN THE LOVĆEN NATIONAL PARK

The passenger of the Kotor Cable Car must be aware that part of the route is within the Lovćen National Park, and the passenger is required to follow the park's rules and heed any warnings during their visit. In the event of any violation of the park's rules, the passenger will be solely responsible under the National Park's regulations, and the Kotor Cable Car shall not be held liable for any passenger's conduct.