Booking Terms and Conditions
These are the Terms and Conditions that will apply to your booking. Please read them carefully as you will be bound by them.
These Terms shall constitute the entire agreement between Ocean Blue Swimming Tours (“OBST”) and you and shall constitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein.
BOOKINGS
By making a booking with OBST, you accept on behalf of yourself and all those named on the booking, to accept these Terms and Conditions. A booking is accepted and becomes definite only from the date when OBST sends a confirmation email to you. OBST reserves the right to decline any booking at their discretion.
**Please note that OBST only offers swimming tours to people over 18 years of age. OBST may at their discretion accept people between 16-17 years of age who are accompanied at all times by an adult.
Paying the deposit does not necessarily mean that your Tour is confirmed to run. Do not purchase non-refundable travel until you receive an email confirmation from OBST.
DEPOSITS & REFUNDS
You may book a Tour with a non-refundable deposit of $500 until 90 days prior to the Tour start date to secure your place after which full payment is required to secure your spot.
OBST will notify you of the balance due date after your deposit has been processed. As unexpected events can arise that can affect your plans, it is recommended you purchase travel insurance to protect your purchase. If the deposit is paid via credit card, you will automatically be charged the balance on the due date.
If you need to cancel your Tour for which you have a confirmed booking, you must notify OBST by email. If OBST can fill your booking with an appropriated waitlisted participant, you may be able to transfer your place to another Tour in the same or next year at a cost of $150 transfer fee. This option is limited to one transfer only for bookings up to 30 days prior to the travel date. (after this, the regular refund policy applies) and depends upon a case by case assessment of your situation. If there are no waitlisted participants to fill the space the regular refund policy applies to your transfer.
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For cancellations between 90 and 30 days prior to departure where full payment has been made, you will receive a partial refund of the full payment amount minus the non-refundable deposit amount. The refund will be made using your original payment method.
No refunds will be made for cancellations later than 30 days prior to departure where no transfer to another participant can be made.
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WAITLIST
If the Tour is full, your name can be added to the waitlist upon request in writing. If a place becomes available from the waitlist, OBST will contact you to ascertain if the Tour is suitable for you and if successful, full payment will be due immediately.
CANCELLATION OF A TOUR BY OBST
OBST reserves the right to cancel any Tour for any reason but will not cancel a Tour less than 30 days before departure except for Force Majeure, unusual or unforeseen circumstances outside OBST’s control. When a Tour is cancelled by OBST before the agreed date of departure for any reason other than your fault, you can either:
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Transfer your deposit to another Tour taking place within the next 12 months, or:
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Receive a full refund of all monies paid under the contract as soon as possible.
OBST is not responsible for any incidental expenses or consequential losses that you may incur as a result of the booking such as visas, vaccinations, non-refundable flights, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. If you are offered a refund but request an alternate Tour of a higher value than that originally booked Tour, then you must pay the difference in price. Where after departure a significant element of the Tour contracted for cannot be provided, OBST will make suitable alternative arrangements for the continuation of the Tour. Where a significant alteration or cancellation occurs which is not due to Force Majeure or other circumstances beyond OBST’s control, OBST may in some circumstances offer an alternative or compensation. Significant alterations do not include the substitution of a transportation method, modification of itineraries, change in hotel accommodation or meal offering.
PRICING AND FEES
All Tour prices are quoted and payable in Euro.
OBST is not responsible for any fees incurred due to currency exchange or fees charged by your credit card/bank for processing funds in another currency.
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ACCOMMODATION
The Tour will be held in at least 4-star luxury accommodation in either a villa, hotel, or a resort, subject to number of participants and dates. You will be notified of the Tour location no less than 30 days prior to commencement of the Tour.
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Please be reminded that you are responsible for the security of your belongings. Please ensure your accommodation is secure when not occupied.
AIRFARE
Tours do not include national or international airfare. OBST strongly recommends you wait until the Tour is confirmed before booking airfare or making any non-refundable travel arrangements.
TRAVEL INSURANCE
As it is the requirement of most countries, please ensure your passport is valid for at least six months after the travel date.
It is strongly recommended that you take out adequate travel insurance to include full cover for the duration of your journey. OBST does not accept any responsibility if you choose not to cover yourself appropriately. Please ensure your policy covers any additional activities listed in the Tour.
MEDICAL CONDITIONS + SPECIAL REQUIREMENTS
You must notify OBST in writing during the process of booking (on your registration form) of any medical conditions, pregnancy, disability or any other mental and or physical condition which may affect fitness to travel and/or any medical condition. Failure to notify OBST may result in you being refused participation in the entire Tour or unsuitable activities. Failure to notify OBST of any such condition that results in cancellation will incur full cancellation fees to you. If some activities listed on the itinerary may be unsuitable for you due to age, mobility, disability, pregnancy or physical or mental conditions, it is your responsibility to check prior to booking. OBST may refuse to carry pregnant women over 24 weeks or women with certain conditions. OBST is not required to provide any special facilities unless agreed to do so in writing. OBST will do their best to meet your special requests including dietary, but such requests do not form part of the Contract and therefore OBST is not liable for not providing these requests. Medical facilities vary depending on the location of the Tour and OBST makes no representations and gives no warranties in relation to the standard of such treatment.
YOUR RESPONSIBILITY
You acknowledge that you will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges. By booking travel with OBST, you acknowledge you have considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. You are solely responsible for acquainting themselves with customs, weather conditions, physical challenges, and laws in effect at each stop along the itinerary.
THIRD PARTY CONTRACTS
Hotels, shuttle services, excursions or other elements of a Tour will be arranged by OBST with local suppliers who may themselves engage the services of local operators and/or sub-contractors. OBST will at all times endeavour to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable to the relevant parts of the Tour. These may limit or exclude the liability of the third party. The liability of OBST will not exceed that of any third party. Local laws and regulations of the relevant country will be relevant in assessing the performance of the services of any third party. To the extent permitted by law, OBST will not be liable for third parties.
SAFETY + TRIP ENJOYMENT
OBST takes your safety and well-being very seriously. However, you are ultimately responsible for your safety, which is why OBST asks all Tour participants to sign a liability waiver before commencement of the Tour. To avoid possibly dangerous situations, it is extremely important that you obey any rules and regulations imposed by OBST and/or local guides and instructions given by them.
OBST reserves the right to prohibit you from continuing on an activity or the entire Tour with no right of refund if, in their opinion, that your actions pose a threat to the safety of them, others, or to the wildlife, or if your actions or behaviours are seriously jeopardizing the enjoyment of the Tour for others. The decision of OBST will at all times be final on all matters likely to affect the safety and well-being of the trip. You must, at all times, strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and OBST will not accept responsibility or liability for you if you contravene any laws or other regulations of any country visited.
HEALTH AND FITNESS
The Tours and Tour activities should not be overly strenuous for people who are healthy and reasonably fit. All participants are expected to carry their own bags. If you (or anyone on whose behalf you are booking) are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment of the Tour, you must advise OBST of this at the time of booking. If your health or fitness changes between the time of booking and the trip departure date, you must notify OBST of these changes before the trip starts.
PHOTOS AND SOCIAL MEDIA
In the course of participation in the Tour, photos or video may be taken by participants or guides. These images may be used in OBST materials, website, Facebook, etc., unless you specifically request in writing to not use any material your image is depicted in. Otherwise, permission is granted to OBST to perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.
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TOUR ITINERARY CHANGES
OBST reserves the right to alter Tour programs and itineraries due to weather or road conditions. These programs may be changed or cancelled at any moment to assure your safety. No responsibility is accepted for losses, expenses due to delays, changes of flights or other services because of strikes, accidents, sickness, damage, negligence, weather, war, changes in schedules or other similar causes.
To the extent permitted by law, OBST does not assume responsibility for accidents or deaths that can be traced to the participants’ negligence, acts of third parties or exterior circumstances such as weather, natural occurrences, war or other similar causes.
PRIVACY
To ensure that the Tour runs smoothly, OBST needs to use personal information (such as name, address, special needs, health conditions, dietary requirements etc.) provided by you and also pass on such information to third parties involved in the operation of the Tour. OBST will apply appropriate security measures to protect such personal data and will only pass on data that is applicable to outfitters or suppliers responsible for the tour. By completing the booking, you consent to this information being transferred as required.
SEVERABILITY
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
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APPLICABLE LAW
The Contract and these Terms and Conditions are subject to the laws of Montenegro.
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UPDATING OF TERMS AND CONDITIONS
OBST reserves the right to update and/or alter these terms and conditions at any time, and it is your responsibility to be familiar with them.