For the purpose of these Conditions, except where the context otherwise requires:
"We", "our", "us" means Air Montenegro.
"You", "your" means any person, except members of the crew, carried or to be carried in an aircraft pursuant to a Ticket.
"AGREED STOPPING PLACES" means those places, except the place of departure and the place of destination, set out in the Ticket or shown in our timetables as scheduled stopping places on your route.
"AIRLINE DESIGNATOR CODE" means the two-characters or three letters which identify particular air carriers.
"BAGGAGE" means your personal property accompanying you in connection with your trip.
"CONVENTION" means whichever of the following instruments are applicable: the Warsaw Convention (1929), The Montreal Convention (1999), and their amendments.
"TICKET" means either the document entitled "Passenger Ticket and Baggage Check" or the Electronic Ticket.
2.1. GENERAL
Except as provided in Paragraphs 2.2, 2.4 and 2.5, our Conditions of Carriage apply only on those flights, or flight segments, where our name Air Montenegro or Airline Designator Code "MNE" is indicated in the carrier box of the Ticket for that flight or flight segment.
2.2. CHARTER OPERATIONS
If carriage is performed pursuant to a charter agreement, these Conditions of Carriage apply only to the extent they are incorporated by reference or otherwise in the charter agreement or the Ticket.
On some services we have arrangements with other carriers known as "Code Shares". This means that even if you have a reservation with us and hold a ticket where our name or airline designator code is indicated as the carrier, another carrier may operate the aircraft.
These Conditions of Carriage are applicable unless they are inconsistent with our Tariffs or applicable law, in which event such Tariffs or laws shall prevail.
If any provision of these Conditions of Carriage is invalid under any applicable law, the other provisions shall nevertheless remain valid.
Except as provided in these Conditions of Carriage, in the event of inconsistency between these Conditions of Carriage and any other regulations we may have, dealing with particular subjects, these Conditions of Carriage shall prevail.
3.1. TICKET REQUIREMENT
3.1.1. We will provide carriage only to the Passenger named in the Ticket, and you may be required to produce appropriate identification.
3.1.2. A Ticket is not transferable.
3.1.3. Some Tickets are sold at discounted fares which may be partially or completely non-refundable. You should choose the fare best suited to your needs. You may also wish to ensure that you have appropriate insurance to cover instances where you have to cancel your Ticket.
3.1.4. If you have a Ticket, as described in 3.1.3 above, which is completely unused, and you are prevented from travelling due to Force Majeure, provided that you promptly advise us and furnish evidence of such Force Majeure, we will provide you with a credit of the non-refundable amount of the fare, for future travel on us, subject to deduction of a reasonable administration fee.
3.1.5. The Ticket is and remains at all times the property of the issuing carrier.
3.1.6. Except in the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you present a valid Ticket containing the Flight Coupon for that flight and all other unused Flight Coupons and the Passenger Coupon. Furthermore, you shall not be entitled to be carried if the Ticket presented is mutilated or if it has been altered otherwise than by us or our Authorized Agent. In the case of an Electronic Ticket, you shall not be entitled to be carried on a flight unless you provide positive identification and a valid Electronic Ticket has been duly issued in your name.
3.1.7.
a) In case of loss or mutilation of a Ticket (or part of it) or non-presentation of a Ticket containing the Passenger Coupon and all unused Flight Coupons, upon your request we will replace such Ticket (or part of it) by issuing a new Ticket, provided there is evidence, readily ascertainable at the time, that a Ticket valid for the flight(s) in question was duly issued and you sign an agreement to reimburse us for any costs and losses, up to the value of the original ticket, which are necessarily and reasonably incurred by us or another carrier for misuse of the Ticket. We will not claim reimbursement from you for any such losses resulting from our own negligence. The issuing carrier may charge a reasonable administration fee for this service, unless the loss or mutilation was due to the negligence of the issuing carrier, or its agent.
b) Where such evidence is not available or you do not sign such an agreement, the carrier issuing the new Ticket may require you to pay up to the full Ticket price for a replacement Ticket, subject to refund if and when the original issuing carrier is satisfied that the lost or mutilated Ticket has not been used before the expiry of its validity. If, upon finding the original Ticket before the expiry of its validity, you surrender it to the carrier issuing the new Ticket, the foregoing refund will be processed at that time.
3.1.8. A ticket is valuable and you should take appropriate measures to safeguard it and ensure it is not lost or stolen.
3.2. PERIOD OF VALIDITY
3.2.1. Except as otherwise provided in the Ticket, these Conditions, or in applicable Tariffs (which may limit the validity of a ticket, in which case the limitation will be shown on the Ticket), a Ticket is valid for:
a) one year from the date of issue; or
b) subject to the first travel occurring within one year from the date of issue, one year from the date of first travel under the Ticket.
3.2.2. When you are prevented from travelling within the period of validity of the Ticket because at the time you request reservations we are unable to confirm a reservation, the validity of such Ticket will be extended for up to 7 days, or you may be entitled to a refund in accordance with Article 10.
3.2.3. If after having commenced your journey, you are prevented from travelling within the period of validity of the Ticket by reason of illness, we may extend the period of validity of your Ticket until the date when you become fit to travel or until our first flight after such date, from the point where the journey is resumed on which space is available in the class of service for which the fare has been paid. Such illness must be attested to by a medical certificate. When the flight coupons remaining in the Ticket, or in the case of an Electronic Ticket, the electronic coupon, involve one or more stopovers, the validity of such Ticket may be extended for not more than three months from the date shown on such certificate. In such circumstances, we will similarly extend the period of validity of Tickets of other members of your immediate family accompanying you.
3.2.4. In the event of death of a Passenger en route, the Tickets of persons accompanying the Passenger may be modified by waiving the minimum stay or extending the validity. In the event of a death in the immediate family of a Passenger who has commenced travel, the validity of the Passenger's Tickets and those of his or her immediate family who are accompanying the Passenger may likewise be modified. Any such modification shall be made upon receipt of a valid death certificate and any such extension of validity shall not be for a period longer than forty-five (45) days from the date of death.
3.3. COUPON SEQUENCE AND USE
3.3.1. The Ticket you have purchased is valid only for the transportation as shown on the Ticket, from the place of departure via any Agreed Stopping Places to the final destination. The fare you have paid is based upon our Tariff and is for the transportation as shown on the Ticket. It forms an essential part of our contract with you. The Ticket will not be honoured and will lose its validity if all the Coupons are not used in the sequence provided in the Ticket.
3.3.2. Should you wish to change any aspect of your transportation you must contact us in advance. The fare for your new transportation will be calculated and you will be given the option of accepting the new price or maintaining your original transportation as ticketed. Should you be required to change any aspect of your transportation due to Force Majeure, you must contact us as soon as practicable and we will use reasonable efforts to transport you to your next Stopover or final destination, without recalculation of the fare.
3.3.3. Should you change your transportation without our agreement, we will assess the correct price for your actual travel. You will have to pay any difference between the price you have paid and the total price applicable for your revised transportation. We will refund you the difference if the new price is lower but otherwise your unused Coupons have no value.
3.3.4. Please be aware that while some types of changes will not result in a change of fare, others, such as changing the place of departure (for example if you do not fly the first segment) or reversing the direction you travel, can result in an increase in price. Many fares are valid only on the dates and for the flights shown on the Ticket and may not be changed at all, or only upon payment of an additional fee.
3.3.5. Each Flight Coupon will be accepted for carriage in the class of service on the date and flight for which space has been reserved. When Flight Coupons are issued without a reservation being specified, space may be reserved on application subject to the conditions of the relevant Tariff and the availability of space on the flight requested.
3.3.6. Please be advised that in the event you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.
3.4. NAME AND ADDRESS OF CARRIER
Our name may be abbreviated to our Airline Designator Code (MNE), or otherwise, in the Ticket. Our address shall be deemed to be the airport of departure shown opposite the first abbreviation of our name in the "carrier" box in the Ticket, or in the case of an Electronic Ticket, as indicated for our first flight segment in the Itinerary Receipt.
4.1. FARES
Fares apply only for carriage from the airport at the point of origin to the airport at the point of destination, unless otherwise expressly stated. Fares do not include ground transport service between airports and between airports and town terminals. Your fare will be calculated in accordance with our Tariff in effect on the date of payment of your ticket for travel on the specific dates and itinerary shown on it. Should you change your itinerary or dates of travel, this may impact the fare to be paid.
4.2. TAXES, FEES AND CHARGES
Applicable taxes, fees and charges imposed by government or other authority, or by the operator of an airport, shall be payable by you. At the time you purchase your Ticket, you will be advised of taxes, fees and charges not included in the fare, most of which will normally be shown separately on the Ticket. The taxes, fees and charges imposed on air travel are constantly changing and can be imposed after the date of Ticket issuance. If there is an increase in a tax, fee or charge shown on the Ticket, you will be obliged to pay it. Likewise, if a new tax, fee or charge is imposed even after Ticket issuance, you will be obliged to pay it. Similarly, in the event any taxes, fees or charges which you have paid to us at the time of Ticket issuance are abolished or reduced such that they no longer apply to you, or a lesser amount is due, you will be entitled to claim a refund.
4.3. CURRENCY
Fares, taxes, fees and charges are payable in the currency of the country in which the Ticket is issued, unless another currency is indicated by us or our Authorized Agent, at or before the time payment is made (for example, because of the non-convertibility of the local currency).
5.1. RESERVATION REQUIREMENTS
5.1.1. We or our Authorized Agent will record your reservation(s). Upon request we will provide you with a written confirmation of your reservation(s).
5.1.2. Certain fares have conditions which limit or exclude your right to change or cancel reservations.
5.2. TICKETING TIME LIMITS
If you have not paid for the Ticket prior to the specified ticketing time limit, as advised by us or our Authorized Agent, we may cancel your reservation.
5.3. PERSONAL DATA
You recognize that personal data has been given to us for the purposes of: making a reservation, purchasing a Ticket, obtaining ancillary services, developing and providing services, facilitating immigration and entry procedures, and making available such data to government agencies, in connection with your travel. For these purposes, you authorize us to retain and use such data and to transmit it to our own offices, Authorized Agents, government agencies, other Carriers or the providers of the above-mentioned services.
5.4. SEATING
We will endeavor to honor advance seating requests, however, we cannot guarantee any particular seat. We reserve the right to assign or reassign seats at any time, even after boarding of the aircraft. This may be necessary for operational, safety or security reasons.
5.5. RECONFIRMATION OF RESERVATIONS
5.5.1. Onward or return reservations may be subject to reconfirmation within specified time limits. We will advise you when we require reconfirmation, and how and where it should be done. If it is required and you fail to reconfirm, we may cancel your onward or return reservations. However, if you advise us you still wish to travel, and there is space on the flight, we will reinstate your reservation and transport you. If there is no space on the flight we will use reasonable efforts to transport you to your next or final destination.
5.5.2. You should check the reconfirmation requirements of any other Carriers involved in your journey. Where it is required, you must reconfirm with the Carrier whose code appears for the flight in question on the Ticket.
5.6. CANCELLATION OF ONWARD RESERVATIONS
5.6.1. Please be advised that if you do not show up for any flight without advising us in advance, we may cancel your return or onward reservations. However, if you do advise us in advance, we will not cancel your subsequent flight reservations.
6.1. Check-in Deadlines are different at every airport and we recommend that you inform yourself about these Check-in Deadlines and honor them. Your journey will be smoother if you allow yourself ample time to comply with Check-in Deadlines. We reserve the right to cancel your reservation if you do not comply with the Check-in Deadlines indicated. We or our Authorized Agent will advise you of the Check-in Deadline for your first flight with us. For any subsequent flights in your journey, you should inform yourself of the Check-in Deadlines. Check-in Deadlines for our flights can be obtained from us or our Authorized Agents.
6.2. You must be present at the boarding gate not later than the time specified by us when you check in.
6.3. We may cancel the space reserved for you if you fail to arrive at the boarding gate in time.
6.4. We will not be liable to you for any loss or expense incurred due to your failure to comply with the provisions of this Article.
7.1. RIGHT TO REFUSE CARRIAGE
Air Montenegro may refuse to carry you or your baggage for safety reasons, or if, in the exercise of its reasonable discretion, it determines that:
7.1.1. such action is necessary in order to comply with any applicable laws, regulations, or orders of any state or country to be flown from, into or over; or
7.1.2. your conduct, age, or mental or physical state is such as to:
7.1.2.1. require special assistance from us; or
7.1.2.2. cause discomfort or make yourself objectionable to other passengers; or
7.1.2.3. involve any hazard or risk to yourself or to other persons or to property; or
7.1.3. such action is necessary because you have failed to observe our instructions; or
7.1.4. you have refused to submit to a security check; or
7.1.5. you have not satisfied the requirements of Article 3.3 above, concerning coupon sequence and use; or
7.1.6. the applicable fare or any charges or taxes have not been paid; or
7.1.7. you do not appear to have valid travel documents, may seek to enter a country through which you may be in transit, destroy your documents during flight or refuse to surrender your travel documents to the flight crew, when so requested; or
7.1.8. the carriage of you or your baggage may endanger or affect the safety, health, or materially affect the comfort of other passengers or crew; or
7.1.9. you present a Ticket that:
7.1.9.1. has been acquired unlawfully, has been purchased from an entity other than Air Montenegro or its Authorized Agent; or
7.1.10. has been reported as being lost or stolen; or
7.1.11. is a counterfeit Ticket; or
7.1.12. you cannot prove that you are the person named in the "Name of Passenger" box on the Ticket;
7.1.13. any flight coupon has been altered by someone other than Air Montenegro or its Authorized Agent. In such case, Air Montenegro reserves the right to retain such Ticket; or
7.1.14. you fail to observe our instructions with respect to safety or security.
7.2. SPECIAL ASSISTANCE
7.2.2. Acceptance for carriage of unaccompanied children, incapacitated persons, pregnant women, persons with illness or other people requiring special assistance is subject to prior arrangement with us. Passengers with disabilities who have advised us of any special requirements they may have at the time of ticketing, and been accepted by us, shall not subsequently be refused carriage on the basis of such disability or special requirements.
8.1. FREE BAGGAGE ALLOWANCE
You may carry some Baggage, free of charge, subject to our conditions and limitations, which are available upon request from us or our Authorized Agents.
8.2. EXCESS BAGGAGE
You will be required to pay a charge for carriage of Baggage in excess of the free Baggage allowance. These rates are available from us upon request.
8.3. ITEMS UNACCEPTABLE AS BAGGAGE
8.3.1. You must not include in your Baggage:
8.3.1.1. items which are likely to endanger the aircraft or persons or property on board the aircraft, such as those specified in the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Air Transport Association (IATA) Dangerous Goods Regulations, and in our regulations (further information is available from us on request);
8.3.1.2. items the carriage of which is prohibited by the applicable laws, regulations or orders of any state to be flown from or to;
8.3.1.3. items which are reasonably considered by us to be unsuitable for carriage because they are dangerous, unsafe or by reason of their weight, size, shape or character, or which are fragile or perishable having regard to, among other things, the type of aircraft being used. Information about unacceptable items is available upon request.
8.3.2. Firearms and ammunition other than for hunting and sporting purposes are prohibited from carriage as Baggage. Firearms and ammunition for hunting and sports purposes may be accepted as Checked Baggage. Firearms must be unloaded with the safety catch on, and suitably packed. Carriage of ammunition is subject to ICAO and IATA regulations as specified in 8.3.1.1.
8.3.3. Weapons such as antique firearms, swords, knives and similar items may be accepted as Checked Baggage, at our discretion, but will not be permitted in the cabin of the aircraft.
8.3.4. You must not include in your Checked Baggage money, jewelry, precious metals, computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports and other identification documents or samples.
8.3.5. If, despite being prohibited, any items referred to in 8.3.1, 8.3.2 and 8.3.4 are included in your Baggage, we shall not be responsible for any loss or damage to such items.
8.4. RIGHT TO REFUSE CARRIAGE
8.4.1. Subject to paragraph 8.3.2 and 8.3.3, we will refuse to carry as Baggage the items described in 8.3, and we may refuse further carriage of any such items upon discovery.
8.4.2. We may refuse to carry as Baggage any item reasonably considered by us to be unsuitable for carriage because of its size, shape, weight, content, character, or for safety or operational reasons, or the comfort of other passengers.
8.4.3. We may refuse to accept Baggage for carriage unless it is in our reasonable opinion properly and securely packed in suitable containers. Information about packing and containers unacceptable to us is available upon request.
8.5. RIGHT OF SEARCH
8.5.1. For reasons of safety and security we may request that you permit a search and scan of your person and a search, scan or x-ray of your Baggage. If you are not available, your Baggage may be searched in your absence for the purpose of determining whether you are in possession of or whether your Baggage contains any item described in 8.3.1 or any firearms or ammunition which have not been presented to us in accordance with 8.3.2 or 8.3.3. If you are unwilling to comply with such request we may refuse to carry you and your Baggage. In the event a search or scan causes damage to you, or an x-ray or scan causes damage to your Baggage, we shall not be liable for such damage unless due to our fault or negligence.
8.6. CHECKED BAGGAGE
8.6.1. Upon delivery to us of your Baggage which you wish to check we will take custody of, and issue a Baggage Identification Tag for, each piece of your Checked Baggage.
8.6.2. Checked Baggage must have your name or other personal identification affixed to it.
8.6.3. Checked Baggage will, whenever possible, be carried on the same aircraft as you, unless we decide for safety, security or operational reasons to carry it on an alternative flight. If your Checked Baggage is carried on a subsequent flight we will deliver it to you, unless applicable law requires you to be present for customs clearance.
8.7. UNCHECKED BAGGAGE
8.7.1. We may specify maximum dimensions and/or weight for Baggage which you carry on to the aircraft. If we have not done so, Baggage which you carry onto the aircraft must fit under the seat in front of you or in an enclosed storage compartment in the cabin of the aircraft. If your Baggage cannot be stored in this manner, or is of excessive weight, or is considered unsafe for any reason, it must be carried as Checked Baggage. Max dimensions: 23 x 41 x 51 cm, up to 8 kg. One piece per passenger.
8.7.2. Objects not suitable for carriage in the cargo compartment (such as delicate musical instruments), and which do not meet the requirements in 8.7.1 above, will only be accepted for carriage in the cabin compartment if you have given us notice in advance and permission has been granted by us. You may have to pay a separate charge for this service.
8.8. COLLECTION AND DELIVERY OF CHECKED BAGGAGE
8.8.1. Subject to Article 8.6.3, you are required to collect your Checked Baggage as soon as it is made available at your destination or Stopover. Should you not collect it within a reasonable time, we may charge you a storage fee. Should your Checked Baggage not be claimed within three (3) months of the time it is made available, we may dispose of it without any liability to you.
8.8.2. Only the bearer of the Baggage Check and Baggage Identification Tag is entitled to delivery of the Checked Baggage.
8.8.3. If a person claiming Checked Baggage is unable to produce the Baggage Check and identify the Baggage by means of a Baggage Identification Tag, we will deliver the Baggage to such person only on condition that he or she establishes to our satisfaction his or her right to the Baggage.
8.9. ANIMALS
If we agree to carry your animals they will be carried subject to the following conditions:
8.9.1. You must ensure that animals such as dogs, cats, household birds and other pets are properly crated and accompanied by valid health and vaccination certificates, entry permits, and other documents required by countries of entry or transit. If you fail to have these documents, the animal may not be accepted for carriage.
8.9.2. If accepted as Baggage, the animal, together with its container and food, shall not be included in your free Baggage allowance, but shall constitute excess baggage, for which you will be obliged to pay the applicable rate.
8.9.3. Guide dogs accompanying passengers with disabilities will be carried free of charge in addition to the normal free baggage allowance, subject to conditions specified by us.
8.10. BAGGAGE IRREGULARITIES
In case of any baggage irregularity (lost/damaged/delayed), report it IMMEDIATELY upon landing to the local "Lost and Found" service.
Please keep all travel documents (ticket, baggage tag, boarding pass). Claims can be submitted to: [email protected]
9.1. SCHEDULES
9.1.1. The flight times shown in timetables may change between the date of publication and the date you actually travel. We do not guarantee them to you and they do not form part of your contract with us.
9.1.2. Before we accept your booking, we will notify you of the scheduled flight time in effect as of that time, and it will be shown on your Ticket. It is possible we may need to change the scheduled flight time subsequent to issuance of your Ticket. If you provide us with contact information, we will endeavor to notify you of any such changes. If, after you purchase your Ticket, we make a significant change to the scheduled flight time which is not acceptable to you, and we are unable to book you on an alternate flight which is acceptable to you, you will be entitled to a refund in accordance with Article 10.2.
9.2. CANCELLATION, REROUTING, DELAYS, ETC.
9.2.1. We will take all necessary measures to avoid delay in carrying you and your baggage. In the exercise of these measures and in order to prevent a flight cancellation, in exceptional circumstances we may arrange for a flight to be operated on our behalf by an alternative carrier and/or aircraft.
9.2.2. Except as otherwise provided by the Convention, if we cancel a flight, fail to operate a flight reasonably according to the schedule, fail to stop at your destination or Stopover destination, or cause you to miss a connecting flight on which you hold a confirmed reservation, we shall, at your option, either:
9.2.2.1. carry you at the earliest opportunity on another of our scheduled services on which space is available without additional charge and, where necessary, extend the validity of your Ticket; or
9.2.2.2. within a reasonable period of time re-route you to the destination shown on your Ticket by our own services or those of another carrier, or by other mutually agreed means and class of transportation without additional charge. If the fare and charges for the revised routing are lower than what you have paid, we shall refund the difference; or
9.2.2.3. make a refund in accordance with the provisions of Article 10.2.
9.2.3. Upon the occurrence of any of the events set out in Article 9.2.2, except as otherwise provided by the Convention, the options outlined in Article 9.2.2.1 through 9.2.2.3 are the sole and exclusive remedies available to you and we shall have no further liability to you.
9.2.4. If we are unable to provide previously confirmed space, we shall provide compensation to those passengers denied boarding in accordance with applicable law and our denied boarding compensation policy (See Annex I - 17). You are not entitled to this if you have not complied with check-in and boarding rules, or if we exercise our right to refuse carriage in accordance with Article 7.1 or 7.2.
10.1. We will refund a Ticket or any unused portion, in accordance with the applicable fare rules or Tariff, as follows:
10.1.1. Except as otherwise provided in this Article, we shall be entitled to make a refund either to the person named in the Ticket or to the person who has paid for the Ticket, upon presentation of satisfactory proof of such payment.
10.1.2. If a Ticket has been paid for by a person other than the passenger named in the Ticket, and the Ticket indicates that there is a restriction on refund, we shall make a refund only to the person who paid the Ticket or to that person's order.
10.1.3. Except in the case of a lost Ticket, refunds will only be made on surrender to us of the Ticket and all unused Flight Coupons.
10.2. INVOLUNTARY REFUNDS
10.2.1. If we cancel a flight, fail to operate a flight reasonably according to schedule, fail to stop at your destination or Stopover, or cause you to miss a connecting flight on which you hold a reservation, the amount of the refund shall be:
10.2.1.1. if no portion of the Ticket has been used, an amount equal to the fare paid;
10.2.1.2. if a portion of the Ticket has been used, the refund will be not less than the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used.
10.3. VOLUNTARY REFUNDS
10.3.1. If you are entitled to a refund of your Ticket for reasons other than those set out in 10.2, the amount of the refund shall be:
10.3.1.1. if no portion of the Ticket has been used, an amount equal to the fare paid, less any reasonable service charges or cancellation fees;
10.3.1.2. if a portion of the Ticket has been used, the refund will be an amount equal to the difference between the fare paid and the applicable fare for travel between the points for which the Ticket has been used, less any reasonable service charges or cancellation fees.
10.4. CURRENCY
We reserve the right to make a refund in the same manner and the same currency used to pay for the Ticket.
10.5. BY WHOM TICKET REFUNDABLE
Voluntary refunds will be made only by the carrier which originally issued the Ticket or by its agent if so authorized.
11.1. GENERAL
If, in our reasonable opinion, you conduct yourself aboard the aircraft so as to:
11.1.1. endanger the aircraft or any person or property on board; or
11.1.2. obstruct the crew in the performance of their duties; or
11.1.3. fail to comply with any instructions of the crew including but not limited to those with respect to safety or security; or
11.1.4. fail to comply with instructions concerning smoking, alcohol or drug consumption; or
11.1.5. refuse to fasten your seat belt; or
11.1.6. threaten, abuse or insult the crew or other passengers; or
11.1.7. behave in a manner which causes discomfort, inconvenience, damage or injury to other passengers or the crew,
we may take such measures as we deem necessary to prevent continuation of such conduct, including restraint. You may be disembarked and refused onward carriage at any point, and may be prosecuted for offenses committed on board the aircraft.
11.2. ELECTRONIC DEVICES
For safety reasons, we may forbid or limit operation aboard the aircraft of electronic equipment, including, but not limited to, cellular telephones, laptop computers, portable recorders, portable radios, CD players, electronic games or transmitting devices, including radio controlled toys and walkie-talkies. Operation of hearing aids and heart pacemakers is permitted.
12.1. GENERAL
12.1.1. You are responsible for obtaining all required travel documents and visas and for complying with all laws, regulations, orders, demands and travel requirements of countries to be flown from, into or through which you transit.
12.1.2. We shall not be liable for the consequences to any Passenger resulting from his or her failure to obtain such documents or visas or to comply with such laws, regulations, orders, demands, requirements, rules or instructions.
12.1.3. We shall not be liable for any aid or information given by our agents or employees in connection with obtaining necessary documents or visas or complying with such laws, regulations, orders, demands, requirements, rules or instructions, whether given in writing or otherwise.
12.2. TRAVEL DOCUMENTS
Prior to travel, you must present all exit, entry, health and other documents required by law, regulation, order, demand or other requirement of the countries concerned, and permit us to take and retain copies thereof. We reserve the right to refuse carriage if you have not complied with these requirements, or your travel documents do not appear to be in order.
12.3. REFUSAL OF ENTRY
If you are denied entry into any country, you will be responsible to pay any fine or charge assessed against us by the Government concerned and for the cost of transporting you from that country. The fare collected for carriage to the point of refusal or denied entry will not be refunded by us.
12.4. PASSENGER RESPONSIBLE FOR FINES, DETENTION COSTS, ETC.
If we are required to pay any fine or penalty or to incur any expenditure by reason of your failure to comply with laws, regulations, orders, demands or other travel requirements of the countries concerned or to produce the required documents, you shall reimburse us on demand, any amount so paid or expenditure so incurred. We may apply towards such payment or expenditure the value of any unused carriage on your Ticket, or any of your funds in our possession. The amount of fines or penalties varies from country to country and may be higher than the fare paid. It is in your interest to ensure compliance with the admission requirements of the country you intend to visit.
12.5. CUSTOMS INSPECTION
If required, you shall attend inspection of your Baggage, by customs or other government officials. We are not liable to you for any loss or damage suffered by you in the course of such inspection or through your failure to comply with this requirement.
12.6. SECURITY INSPECTION
You shall submit to any security checks by governments, airport officials, Carriers or by us.
13.1. Liability of Air Montenegro and each carrier involved in your journey will be determined by its own Conditions of Carriage. Our liability provisions are as follows:
13.1.1. Unless otherwise stated herein, international travel, as defined in the Convention, is subject to the liability rules of the Convention and Regulation (EC) 2027/97.
13.1.2. Where the Convention applies, our liability is limited as follows:
a) In case of death or bodily injury on Air Montenegro flights, we are liable for damages up to 113,100 SDRs (approx. 121,243 EUR) per passenger. For damages exceeding this amount, Air Montenegro may defend itself by proving that it was not negligent or otherwise at fault.
b) In the event of death or injury of a passenger, we shall make an advance payment required to meet immediate economic needs within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approx. 17,600 EUR).
c) Our liability for damage will be reduced if your negligence or wrongful act or omission caused or contributed to the damage, in accordance with applicable law.
d) We are liable only for damage occurring during carriage on flights or flight segments where our Airline Designator Code appears in the carrier box for that flight or flight segment. If we issue a Ticket or check Baggage for carriage on another carrier, we do so only as agent for the other carrier. Nevertheless, with respect to Checked Baggage, you may make a claim against the first or last carrier.
e) We will not be liable for damage to Unchecked Baggage unless such damage is caused by our negligence.
f) We are not liable for any damage arising from our compliance with applicable laws or government rules and regulations, or from your failure to comply with the same.
g) Except where an act or omission is done with intent to cause damage or recklessly and with knowledge that damage would probably result, our liability for damage to Checked Baggage is limited by the Convention to 1,131 SDRs (approx. 1,213 EUR) per passenger. If applicable law provides for different limits of liability, those different limits shall apply.
h) Except where other specific provision is made in these Conditions, we shall be liable to you only for recoverable compensatory damages for proven losses and costs in accordance with the Convention.
i) We are not liable for damage caused by delay of Baggage if we prove that we and our agents took all measures that could reasonably be required to avoid the damage or that it was impossible for us or them to take such measures.
j) We are not liable for any damage caused by your Baggage. You shall be responsible for any damage caused by your Baggage to other persons or property, including our property.
k) We shall have no liability whatsoever for damage to articles not permitted to be contained in Checked Baggage under Article 8.3, including fragile or perishable items, items having a special value, such as money, jewellery, precious metals, computers, personal electronic devices, negotiable papers, securities, or other valuables, business documents, passports and other identification documents, or samples.
l) Our liability for damage occasioned by delay in the carriage of passengers (delays of 5 hours or more) is limited to 4,694 SDRs (approx. 5,000 EUR) per passenger.
m) We are not liable for damage occasioned by delay if we prove that we and our agents took all measures that could reasonably be required to avoid the damage or that it was impossible for us or them to take such measures.
n) We are not liable for any illness, injury or disability, including death, attributable to your physical condition or for the aggravation of such condition.
o) The contract of carriage, including these Conditions of Carriage and exclusions or limits of liability, applies to our Authorised Agents, servants, employees and representatives to the same extent as it applies to us. The total amount recoverable from us and from such Authorised Agents, employees, representatives and persons shall not exceed the amount of our own liability, if any.
p) Nothing in these Conditions of Carriage shall waive any exclusion or limitation of our liability under the Convention or applicable laws unless otherwise expressly stated.
14.1. NOTICE OF CLAIMS
Acceptance of Baggage by the bearer of the Baggage Check without complaint at the time of delivery is sufficient evidence that the Baggage has been delivered in good condition and in accordance with the contract of carriage, unless you prove otherwise.
If you wish to file a claim or an action regarding Damage to Checked Baggage, you must notify us as soon as you discover the damage, and at the latest, within seven (7) days of receipt of the Baggage. If you wish to file a claim or an action regarding delay of Checked Baggage, you must notify us within twenty-one (21) days from the date the Baggage has been placed at your disposal. Every such notification must be made in writing.
14.2. LIMITATION OF ACTIONS
Any right to damages shall be extinguished if an action is not brought within two years reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court seised of the case.
14.3. JURISDICTION IN CASE OF DISPUTES
The contracting parties agree that the General Conditions of Carriage are an integral part of this Contract, and that in the event of any disputes arising from this Contract and the General Conditions of Carriage, the exclusive jurisdiction shall belong to:
- The Basic Court in Podgorica in cases where the contracting party/passenger is a natural person;
- The Commercial Court in Podgorica in cases where the contracting party is a legal entity.
Carriage of you and your Baggage is also provided in accordance with certain other regulations and conditions applying to or adopted by us. These regulations and conditions concern, among other things:
- Pregnant women,
- Ban on the use of electronic devices on board,
- Smoking and consumption of alcohol on board,
- Prohibited items in baggage, and
- Limits on measurements, size and weight of baggage.
The title of each Article of these Conditions of Carriage is for convenience only, and is not to be used for interpretation of the text.
* In accordance with the Law on Obligations and Basics of Property Relations in Air Transport "Official Gazette of Montenegro" No. 18/2011, 46/2014, and 43/2018.
17.1 SCOPE OF APPLICATION
The rules defined herein apply to flights with fixed-wing powered aircraft, from an airport located:
- in the territory of Montenegro;
- in a third country to an airport situated in the territory of Montenegro, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Montenegrin carrier;
- to scheduled and charter air transport.
The rules apply on the condition that:
- you have a confirmed reservation on the flight concerned and present yourself for check-in at the time indicated in advance and in writing, or, if no time is indicated, not later than 45 minutes before the published departure time (unless the flight is cancelled in advance);
- you are travelling on a fare available directly or indirectly to the public (published fare). The same applies if your ticket was issued under a frequent flyer programme.
17.2 DELAY
When we reasonably expect a flight to be delayed beyond its scheduled time of departure:
a) for two hours or more in the case of flights of 1,500 kilometres or less;
b) for three hours or more in the case of flights between 1,501 and 3,500 kilometres;
c) for four hours or more in the case of flights longer than 3,500 kilometres.
17.2.1 we will offer you:
- meals and refreshments in a reasonable relation to the waiting time; and
- two telephone calls, telex or fax messages, or e-mails.
When the reasonably expected time of departure is at least the day after the time of departure previously announced, in addition to the assistance described above, we will offer you:
- hotel accommodation;
- transport between the airport and place of accommodation.
17.2.2 When the delay is at least five hours and you decide not to travel on the delayed flight, you are entitled to reimbursement of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan.
17.3 CANCELLATION
17.3.1 In case of flight cancellation, we will offer you a choice between:
- reimbursement of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan;
- re-routing, under comparable transport conditions, to your final destination at the earliest opportunity; and
- re-routing, under comparable transport conditions, to your final destination at a later date at your convenience, subject to availability of seats.
17.3.2 In addition, we will provide you with:
- meals and refreshments in a reasonable relation to the waiting time; and
- two telephone calls, telex or fax messages, or e-mails.
If you choose re-routing and the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, we will also offer you:
- hotel accommodation;
- transport between the airport and place of accommodation.
17.3.3 Due to flight cancellation, you are also entitled to compensation amounting to:
a) 250 EUR for all flights of 1,500 kilometres or less;
b) 400 EUR for all flights between 1,501 and 3,500 kilometres;
c) 600 EUR for all flights longer than 3,500 kilometres.
17.3.3.1 We may reduce the compensation by 50% when you are offered re-routing to your final destination on an alternative flight whose arrival time does not exceed the scheduled arrival time of the flight originally booked:
- by two hours, in respect of all flights of 1,500 kilometres or less;
- by three hours, in respect of all flights between 1,501 and 3,500 kilometres;
- by four hours, in respect of all flights longer than 3,500 kilometres.
17.3.4 You are not entitled to compensation:
a) if you are informed of the cancellation at least two weeks before the scheduled time of departure;
b) if you are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than two hours before the scheduled time of departure and to reach your final destination less than four hours after the scheduled time of arrival;
c) if you are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing you to depart no more than one hour before the scheduled time of departure and to reach your final destination less than two hours after the scheduled time of arrival;
d) if the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
17.4 DENIED BOARDING
17.4.1 If we are forced to carry fewer passengers than booked, we will first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed upon.
17.4.2 If an insufficient number of volunteers come forward, and we must deny you boarding against your will, we will offer you a choice between:
- reimbursement of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to your original travel plan; and
- re-routing, under comparable transport conditions, to your final destination at the earliest opportunity;
- re-routing, under comparable transport conditions, to your final destination at a later date at your convenience, subject to availability of seats.
In addition, we will provide you with:
- meals and refreshments in a reasonable relation to the waiting time; and
- two telephone calls, telex or fax messages, or e-mails.
17.4.3 If you choose re-routing and the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, we will also offer you:
- hotel accommodation; and
- transport between the airport and place of accommodation.
17.4.4 If you are denied boarding against your will, you are entitled to compensation amounting to:
a) 250 EUR for all flights of 1,500 kilometres or less;
b) 400 EUR for all flights between 1,501 and 3,500 kilometres;
c) 600 EUR for all flights longer than 3,500 kilometres.
17.4.4.1 We may reduce the compensation by 50% when you are offered re-routing to your final destination on an alternative flight whose arrival time does not exceed the scheduled arrival time of the flight originally booked:
- by two hours, in respect of all flights of 1,500 kilometres or less;
- by three hours, in respect of all flights between 1,501 and 3,500 kilometres;
- by four hours, in respect of all flights longer than 3,500 kilometres.
17.4.4.2 Passengers denied boarding for health, safety or security reasons, or due to incomplete or invalid travel documents, or due to justified suspicion that the ticket was purchased through credit card fraud, are not entitled to compensation.
17.5 DOWNGRADING OR UPGRADING
17.5.1 If we place you in a class lower than that for which the ticket was purchased, we will provide reimbursement of:
- 30% of the price of the ticket for all flights of 1,500 kilometres or less;
- 50% of the price of the ticket for all flights between 1,501 and 3,500 kilometres;
- 75% of the price of the ticket for all flights longer than 3,500 kilometres.
17.5.2 If we place you in a higher class than that originally paid for, we will not request any supplementary payment.
17.6 PASSENGER COMPLAINT PROCEDURES
If you believe that your rights under the Law on Obligations and Basics of Property Relations in Air Transport ("Official Gazette of Montenegro", No. 018/11, 046/14, 043/18, 089/25) regarding denied boarding, flight cancellation or flight delay have been infringed, you may submit a written complaint to our airline accompanied by relevant evidence via email ([email protected]), via our website (Claims Form) or by post.
17.7 LIMITATION OF ACTIONS
Actions for damages and recourse actions arising from the contract of carriage shall be barred after two years from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived.
TRAVEL DURING PREGNANCY
Expectant mothers up to the 20th week of pregnancy, in good health and with an uncomplicated pregnancy, may travel on Air Montenegro flights without a medical certificate.
If the pregnancy has entered the 20th week, travel on our flights will be permitted only with a medical certificate issued no more than 7 days prior to the commencement of travel. The certificate must confirm:
- that birth is not expected within 4 weeks of the start of travel, and that there are no medical impediments to travel,
- that there is no uncertainty regarding the progress of the pregnancy or the date of delivery, and/or
- that no complications are expected during delivery.
This certificate remains with the reservation department.
Air travel is not recommended for pregnant women after the 32nd week of pregnancy and for 7 days following delivery.
We trust you understand that these rules are in place for the health of both the expectant mother and the baby.
NEWBORN BABIES
Newborn babies may be carried on our flights only seven days after birth, unless born prematurely. For the travel of prematurely born babies, advance notification and a medical certificate are required.