General Terms of Use of the Montenegro Select Platform for Customers

These General Terms of Use for customers (hereinafter: the "Terms of Use") govern the rights and obligations of customers who access, browse, book and, where applicable, pay for services through the Montenegro Select digital platform. The customer's contracting party under these Terms of Use is the company Velocci D.O.O. (hereinafter: "Velocci", the "Company", "we", "us" or "our"), which operates the Montenegro Select platform (hereinafter: the "Platform").

Company details:

• Full legal name: Velocci D.O.O.
• Trading name: Montenegro Select
• Registration: entered in the Central Register of Business Entities (CRPS), Montenegro — registration number 5-1312531/001
• Tax identification number (PIB): 03757137
• Registered address: Trg Magnolije, Zgrada 2B, Stan 4, Tivat, Montenegro
• Support: e-mail hello@montenegroselect.me · phone +382 45 763 241 · working hours 09:00–17:00 (CET)

Through the above contact channels the customer may also obtain information about completed transactions and purchases.

By using the Platform, browsing the offers, submitting a booking request, confirming a booking or making a payment through the Platform, the customer confirms that they have read, understood and accepted these Terms of Use.

1. Definitions

For the purposes of these Terms of Use, the following expressions have the meanings set out below:

Company or Velocci means the company Velocci D.O.O., with its registered seat in Tivat, Montenegro — the legal entity that operates the Platform and holds all rights and obligations provided for in these Terms of Use on the side of the "Montenegro Select Platform". Every legal act described in these Terms (receipt of payment, issuance of a confirmation, processing of a refund, communication and the like) is performed by the Company.

Platform means the Montenegro Select digital platform (montenegroselect.me and its associated digital components) operated by the Company, which enables the display, promotion and booking of services offered by independent service providers. The Platform is a technical means of the Company and does not itself acquire rights or assume obligations.

Customer means any natural or legal person who uses the Platform to browse, enquire about, book or pay for services.

Partner or Service Provider means an independent legal or natural person who offers and provides its services to customers through the Platform.

Service means any service offered through the Platform, including, without limitation, excursions, transfers, wellness services, restaurant reservations, events, rentals, activities and other similar services.

Booking means a booking request or a confirmed booking of a service, depending on the booking model applicable to the specific service.

Deposit means the part of the total service amount that the customer pays through the Platform when booking, while the remaining amount, where applicable, is paid directly to the service provider.

Refund means the return of funds to the customer, in part or in full, where there are grounds for it under the conditions of the specific service provider, these Terms of Use or applicable law.

2. Role of the Company and role of the service provider

Through the Platform, the Company enables customers to find, browse and book services offered by independent service providers.

The Company is not the provider of the end service advertised on the Platform, unless expressly stated otherwise for a particular service. The specific service booked by the customer is provided by the relevant Partner, who is responsible for the content of the service, its performance, lawfulness, quality, safety, availability, special terms of use and conduct towards the customer.

The contract for the provision of the service is concluded directly between the customer and the service provider. The Company is not a party to that contract, does not sell the service in its own name or for its own account and does not assume the capacity of seller, service provider, tour operator, travel agency, bank, payment institution, electronic money institution or other licensed payment service provider.

The customer accepts and understands that, in connection with booking, customer communication and collection of payment, the Company acts as the authorised agent (attorney-in-fact) of the service provider, in the provider's name and for the provider's account, including the receipt of customer payments. In doing so, the Company does not assume the capacity of provider of the service itself.

3. Service provider's terms

Each Partner offering services through the Platform may have its own general terms of business, special booking rules, cancellation rules, rules for late arrival and no-show situations, eligibility conditions for using the service, safety rules, and other rules and restrictions relating to the specific service.

The Company makes such terms, where applicable, available to the customer on the Platform before the booking is concluded and before payment is made. The customer is obliged to review them before confirming the booking.

By confirming the booking and making the payment, the customer confirms that they had access to the terms of the specific service provider and accepts them to the extent they relate to the booked service.

The terms of the specific service provider may in particular govern matters relating to cancellation, cancellation deadlines, no-show situations, customer late arrival, refunds, the possibility of rescheduling, operational and safety requirements, minimum or maximum number of participants, age or health restrictions, weather and other external conditions for the performance of the service, as well as other matters that depend on the nature of the specific service.

In the part relating to the performance of the specific service, cancellation rules, late arrival, no-show, special operational conditions and other matters that depend on the service itself, the terms of the specific service provider apply first, unless applicable law provides otherwise.

The Company is not responsible for the content of the terms set by the service provider, but reserves the right to refuse publication of or remove a service if it assesses that such terms are manifestly unclear, inappropriate, contrary to law or contrary to the standards of the Platform.

4. Accuracy of customer data

When booking, the customer is obliged to provide accurate, complete and up-to-date information, including their first and last name, telephone number, e-mail address and any other information reasonably required for processing the booking and performing the service.

The customer bears responsibility for the consequences that may arise from providing inaccurate, incomplete or outdated information, including inability to make contact, inability to perform the booking, delays in communication or failure to receive important notifications.

The Company and the service provider rely on the contact details provided by the customer for sending the booking confirmation, operational information, any changes, cancellation notices or other important information regarding the booked service.

5. Presentation of services and availability

The Company endeavours to present accurate, clear and up-to-date information about services on the Platform, including description, price, location, availability, booking rules and other material conditions.

Nevertheless, the service provider is primarily responsible for the content, availability, special conditions, operational restrictions and other information about the specific service, which the provider determines and supplies.

The Company does not guarantee that all information will at all times be entirely free of deviation, particularly where changes occur after a service has been published, but will use reasonable efforts to maintain the accuracy of the displayed information and to make relevant changes available to the customer as soon as they become known.

6. Creating and confirming a booking; electronic conclusion of the contract

Depending on the nature of the specific service, a booking made through the Platform may constitute a booking request that becomes binding only after confirmation by the service provider, or a confirmed booking at the moment the customer completes the booking, if an automatic or instant confirmation model is enabled for that service.

The Company will make available to the customer, via e-mail, the user interface or another electronic channel, information as to whether the booking is confirmed, pending, declined or subject to additional verification.

The customer is obliged to check the content of the booking confirmation immediately upon receipt and to notify the Company or the service provider without delay if they notice an obvious error in the date, time, number of persons, type of service or other material elements of the booking.

The contract is concluded electronically, in the Montenegrin language, by completing the steps displayed in the booking process: selection of the service and time slot, entry of details, review of the booking and confirmation of payment. Before confirming payment, the customer is shown a summary of all entered details, with the ability to change them and correct input errors. These Terms of Use are available on the Platform at all times, in a form that allows them to be stored and reproduced.

7. Prices and payment

The prices of services displayed on the Platform relate to the specific service in the scope and under the conditions displayed on that service's page or in the special terms of the service provider. The price of the service is set by the service provider and includes taxes where applicable (see section 12).

For some services the customer may pay the full amount of the service through the Platform, while for other services only a deposit may be charged. If only a deposit is paid through the Platform, it will be clearly displayed to the customer before payment is confirmed that the remaining part of the price, where applicable, is paid directly to the service provider, in accordance with the conditions applicable to that service.

The customer is obliged, before confirming payment, to check the total amount they are paying through the Platform, as well as the information on whether the amount paid represents the full price or only part of the total price of the service.

8. Collection of payment through the Platform

Where applicable, the Company receives payment from the customer in the name and for the account of the service provider, to the extent provided for the specific booking.

Payment through the Platform does not change the fact that the service provider is the person who provides the specific service to the customer and who bears responsibility for its performance.

A payment made by the customer through the Platform has the effect of a payment made to the service provider, up to the amount actually paid by the customer and successfully received by the Company. If the customer pays the entire booking amount through the Platform, their payment obligation towards the service provider for that booking is discharged up to the amount so paid. If the customer pays only part of the amount through the Platform (e.g. a deposit), the obligation is discharged up to that part, while the customer pays the remaining amount directly to the service provider.

After payment has been made, the Company makes available to the customer, on the website and by e-mail, a confirmation of the transaction status (successful or unsuccessful). For a successful transaction, the confirmation contains: the booking reference number, the payment reference, merchant details, an overview of the paid service, the charged amount and currency, the date and time of the transaction, the card type and the masked card number used for the payment, as well as the bank authorisation code.

9. Payment methods and payment process

Payment for services through the Platform can be made with MasterCard, Maestro and Visa payment cards that support online payments. Card payments are implemented in cooperation with AllSecure doo and Hipotekarna banka AD Podgorica and are carried out in a secure and certified manner through the AllSecure Payment Gateway, by simply entering the payment card details.

Depending on the specific service and booking model, payment is collected in one of the following ways:

• Immediate charge (instant confirmation): where automatic confirmation is enabled for the service, the amount is charged to the customer's card immediately upon confirmation of payment, and the booking is confirmed at the same time.
• Reservation of funds with a request (pre-authorisation): where the booking requires confirmation by the service provider, the amount is only reserved (pre-authorised) on the customer's card when the request is submitted. The charge (completion of the transaction) is made only if and when the service provider accepts the request. If the service provider declines the request or the response deadline expires, the pre-authorisation is automatically cancelled and the reserved funds are released within the standard timeframes of the card issuing bank. The maximum response time of the service provider is displayed to the customer when submitting the booking request.
• Deposit: for some services only a deposit is charged through the Platform, and the customer pays the remaining amount directly to the service provider, of which the customer is clearly informed before confirming payment (see sections 7 and 8).

Before entering card details, the customer is shown the basic details of the booking: a description of the booked service or its reference number, the name of the merchant's legal entity, and the final amount and currency of the charge. Before payment is executed, the customer confirms their agreement with these Terms of Use, including the payment terms.

The Company does not enable storage of the card number for future payments or merchant-initiated transactions. Every transaction is initiated exclusively by the cardholder; completion of a pre-authorised transaction after acceptance of the request constitutes the finalisation of a payment initiated and authorised by the customer when submitting the request, up to at most the pre-authorised amount.

10. Security of payment card transactions

When payment card details are entered, confidential information is transmitted over the public network in protected (encrypted) form using the SSL protocol, applying the most advanced methods of tokenisation of sensitive data and in accordance with PCI-DSS standards. At no point are payment card details available to the Company as the merchant.

3D Secure protection for all merchants and buyers — the AllSecure Payment Gateway uses the highest global standards of data protection and privacy. All merchants using the AllSecure Payment Gateway are automatically included in 3D-Secure protection, which guarantees buyers the security of their purchase. Buyers' payment card numbers are not stored on the merchant's system, and the entry itself is protected by SSL data encryption.

PCI DSS standards — the AllSecure Payment Gateway continuously complies with all requirements of the card organisations with the aim of increasing the level of security for merchants and buyers. From 2005 to the present day, without interruption, the system has been certified as PCI-DSS Level 1, which represents the highest standard in the industry. PCI DSS (Payment Card Industry Data Security Standard) is the norm that defines the necessary security measures for processing, storing and transmitting sensitive card data. PCI standards protect sensitive cardholder data throughout the entire payment process: from the moment the data is entered at the merchant's point of sale, during communication between the merchant and the relevant banks and card organisations, as well as during the subsequent storage of that data.

11. Payment currency and conversion statement

All service prices on the Platform are expressed in euros (EUR) and include taxes where applicable. The payment currency is the euro (EUR).

Conversion statement: All payments will be effected in euros (€). If the payment is made using payment cards of foreign issuing banks, the transaction amount will be converted into the cardholder's local currency at the exchange rate of the Visa/Mastercard card schemes.

12. Taxes and fiscal receipts

The service provider is solely responsible for issuing the customer, in accordance with the applicable fiscalisation regulations of Montenegro, a fiscal receipt or invoice for the service provided, for the total amount of the service, regardless of whether the customer paid the full amount, a deposit or another partial amount through the Platform.

If the service provider is registered for value added tax, the provider is solely responsible for including VAT in the advertised price of the service where applicable. The Company does not calculate or charge VAT to the customer and does not issue the customer a fiscal receipt for the provider's service; the Company issues the customer a booking confirmation and a payment confirmation (an electronic record of the transaction).

13. Notice of the consumer's statutory right of unilateral withdrawal

The contract for the provision of the service is concluded directly between the customer and the service provider (section 2). The Company, as the authorised agent of the service provider managing the distance booking process, hereby, in the name and for the account of the service provider, informs the customer of their statutory rights.

A customer who has the status of a consumer within the meaning of the Consumer Protection Act of Montenegro (Official Gazette of Montenegro, nos. 2/2014, 6/2014 – corr., 43/2015, 70/2017 and 67/2019) has, as a rule, the right to unilaterally withdraw from a distance contract within 14 days of the day the contract is concluded, without stating reasons. However, in accordance with Article 74j item 12 of that Act, that right does not exist for contracts whose subject is a service of accommodation not intended for residence, transport, vehicle rental, delivery of food and beverages, or services relating to leisure activities, if it has been agreed that the service is to be provided on a specific date or within a specific period. Bookings concluded through the Platform (excursions, transfers, wellness appointments, restaurant reservations, events and similar services) are made for a precisely specified date or period of performance, so the right of unilateral withdrawal does not apply to them. The consumer is informed of this before confirming the booking.

If, exceptionally, a specific contract does not provide for a specific date or a specific period of performance of the service, the consumer retains the statutory right of unilateral withdrawal within 14 days of the day the contract is concluded, unless another statutory exception has arisen (in particular where the service has been fully performed with the consumer's prior express consent — Article 74j item 1). In that case, the withdrawal statement may be delivered to the service provider or to the Company (hello@montenegroselect.me), which forwards it to the service provider without delay.

The cancellation terms of the specific service provider (sections 14–16) constitute contractual benefits independent of this statutory right: they may give the consumer broader rights than the statutory ones, but may not reduce them.

14. Cancellation by the customer

The customer may cancel a booking in accordance with the terms of the specific service provider that were available before the booking was confirmed and before payment was made.

The customer's right to a refund, partial refund, booking modification, issuance of a voucher, rescheduling or other alternative remedy depends on the terms of the specific service provider, except where applicable law provides otherwise.

If the customer wishes to cancel a booking outside the period in which cancellation is permitted under the rules of the specific service provider, such cancellation may be accepted only in special situations and only if such a possibility is expressly provided for in the terms of the specific service provider.

The customer is advised, in every case of a cancellation, booking modification or refund request, to first contact the service provider directly, because the service provider is the person who determines whether the conditions for a refund or other remedy in connection with the specific service have been met.

Contacting the Company does not change the fact that the merits of a refund are assessed primarily according to the terms of the specific service provider and the circumstances of the specific case.

If the customer requests a refund or a booking modification, they may be required to provide additional information, documentation or evidence reasonably needed for their request to be considered by the service provider or the Company.

An unused booking, abandonment of the service, customer late arrival, a missed appointment or a no-show do not in themselves give rise to an automatic right to a refund, unless this is expressly provided for in the terms of the specific service provider or by applicable law.

15. Cancellation by the service provider

The terms of cooperation between the Company and the service provider provide that the service provider, if it cancels a confirmed booking or is unable to perform the service, shall notify both the customer and the Company without delay, stating whether it offers the customer an alternative time slot, a replacement service, a partial refund or a full refund, in accordance with its terms of business and the circumstances of the specific case.

If the customer accepts an alternative time slot or a replacement service, the matter of the original booking shall be considered resolved to the extent the alternative remedy has been accepted.

If the service provider does not cooperate, does not respond within a reasonable time or does not act towards the customer in a manner that allows a reasonable resolution of the situation, the customer may contact the Company. In that case the Company may attempt to reach the service provider, mediate in the communication, gather additional information or, where possible, assist in finding an appropriate alternative solution.

The Company is not obliged to provide a replacement service, a new time slot or another service provider, but may provide such assistance where operationally possible and commercially justified.

If it is established, in accordance with the terms of the specific service provider, the available information and the circumstances of the case, that the customer is entitled to a refund, the Company may process the refund only up to the maximum amount that the customer actually paid through the Platform.

For any amount the customer may have paid directly to the service provider outside the Platform, the Company bears no responsibility for its return and cannot refund that part of the funds.

16. Refunds

A refund is not an automatic right of the customer in every case of cancellation, dissatisfaction or an unused booking, but depends on the terms of the specific service provider, the nature of the specific case, the available information and applicable law.

The Company does not decide independently, in place of the service provider, whether a refund is justified, except to the extent that it holds funds paid through the Platform and where, on the basis of the relevant terms, communication and available information, there are grounds to process such a refund.

The customer may submit a refund request in one of the following ways: (1) by cancelling the booking via the "Manage booking" link in the confirmation e-mail, where the cancellation is made within the cancellation rules of the specific service provider; (2) directly to the service provider; or (3) to the Company, by e-mail to hello@montenegroselect.me, stating the booking reference number and the reason for the request. The Company records every request and notifies the customer of the outcome by e-mail.

The Company processes a refund in particular in the following cases: (a) where the service provider confirms that a refund has been agreed with the customer; (b) where a payment dispute has been resolved by a decision of the competent bank in the customer's favour, in which case the return is executed in accordance with that decision and the rules of the card schemes; or (c) where the service provider fails to respond to the requests of the customer and the Company regarding the refund, and the customer's request was submitted within the cancellation period provided for by the rules of the specific service provider.

In every case the Company returns at most the amount it actually received through its system in connection with the specific booking — the full amount, or the partial amount or deposit if only part of the price was paid through the Platform. The Company cannot return funds that were not paid through the Platform.

The release of reserved funds after a declined or expired booking request is not a refund: the pre-authorisation is cancelled, and the card issuing bank releases the reserved funds within its standard timeframes.

Submitting a refund request, complaint or objection does not mean that the refund is automatically approved.

If, by booking, the customer accepted terms of the service provider under which no refund is provided for, the customer is not entitled to demand from the Company a return of funds contrary to those terms, unless applicable law provides otherwise or the service provider itself agrees to a refund or another remedy.

The customer accepts that every refund request is considered individually, in accordance with the rules of the specific booking, and that the Company may require additional information from the customer and the service provider before processing a refund for the amount it holds.

17. Method of executing refunds and fraud prevention

In the event of a return of funds to a customer who previously paid with one of the payment cards, in part or in full, and regardless of the reason for the return, the return is made exclusively via the same Visa, Maestro or MasterCard card that was used for the payment. This means that the merchant's bank will, at the Company's request, carry out the return of funds to the cardholder's account.

Exceptionally, if a return to the originally used card is objectively not possible (e.g. the card account has in the meantime been closed), the return may be made in another way only in accordance with the rules of the card schemes and the acquiring bank, subject to prior verification of the customer's identity and evidence that the funds are being received by the same person who made the payment.

In the case of such exceptional verification, the Company may require proof of identity, proof of account ownership, proof of the connection between the customer and the payment instrument, and other documentation reasonably necessary to prevent fraud, abuse or unauthorised return of funds.

If the customer does not provide the requested documentation, or if the Company cannot, on the basis of the data provided, confirm with sufficient certainty the customer's identity and entitlement to receive the funds, the Company may refuse the return via the alternative method.

The Company reserves the right to postpone the processing of a refund for as long as a reasonably necessary verification of identity, entitlement to receive the funds or other circumstances relevant to the prevention of fraud or abuse is ongoing.

18. Complaints and disputes

The customer may submit a complaint regarding a performed service to the Company within 60 days of the booking date; the Company will record the complaint and respond to it in writing without delay, and at the latest within eight days of receipt. The 60-day period constitutes the operational framework of the Company's mediation and in no way limits the statutory rights of a customer who has the status of a consumer, including the deadlines for asserting non-conformity of the service prescribed by the Consumer Protection Act.

If the customer considers that the service was not performed in accordance with the description, the confirmed booking or the terms accepted at the time of booking, the customer is obliged, whenever reasonably possible, to first notify the service provider without delay and attempt to resolve the problem directly with the provider.

If the dispute cannot be resolved directly with the service provider, the customer may contact the Company at hello@montenegroselect.me and provide a description of the problem, the relevant communication, the booking confirmation, photographs, proof of payment and other information that may be needed to understand the dispute.

The Company may contact the service provider, request its statement, review the available documentation and attempt to assist in an amicable resolution of the dispute, but does not assume the role of arbitrator and does not finally decide on all mutual rights and obligations of the customer and the service provider.

To the extent that the Company holds funds paid through the Platform, the Company may, on the basis of the terms of the specific service, the available documentation and the cooperation of both parties, process a refund for the amount it holds, but is not obliged to act contrary to the terms the customer accepted at the time of booking or contrary to applicable law.

The customer is obliged to present a complaint, request or objection conscientiously, truthfully and with sufficient detail for it to be considered. The Company has the right not to act on unclear, incomplete, offensive or manifestly unfounded requests until they are supplemented or clarified.

19. Customer late arrival and no-show

Each service provider may have special rules on customer late arrival, missed appointments, no-shows and other situations in which the customer does not present themselves to use the service at the scheduled time.

Those rules are available to the customer before the booking is concluded and before payment, as part of the terms of the specific service provider.

The customer is obliged to keep to the scheduled time and, where necessary, to arrive at the service location on time and in accordance with the instructions of the service provider.

Unless expressly stated otherwise in the terms of the specific service provider, the customer should not expect the service provider to wait for their arrival if the customer is late or does not appear at the scheduled time.

20. Customer obligations when using the service

The customer is obliged to use the Platform and the booked services conscientiously and in accordance with the law, these Terms of Use and the terms of the specific service provider.

The customer is in particular obliged to provide accurate information needed for the booking, to respect the time, location and operational rules of the booked service, to observe the safety rules and instructions of the service provider, not to act in a manner that endangers other customers, staff, property or the performance of the service, and not to use another person's card or payment instrument without appropriate authorisation.

If the customer does not meet the conditions required for the performance of the specific service, the service provider may refuse to perform the service or restrict its use to the extent justified by the nature of the service, safety rules or its published terms.

21. Prohibition of abuse and approach to chargeback procedures

The customer is obliged to use the Platform conscientiously, lawfully and in accordance with these Terms of Use, the terms of the specific service provider and the rules of the payment system they use.

Any conduct constituting abuse of the Platform is prohibited, including, without limitation, use of another person's card or other payment instrument without authorisation, provision of false or misleading information, submission of untruthful refund requests, attempts to obtain a return of funds contrary to the accepted booking terms, abuse of the chargeback mechanism, and any other fraudulent or improper conduct.

The customer is invited, before initiating a chargeback procedure with their bank or card issuer, to first attempt to resolve the problem directly with the service provider or through the Company, unless there is a justified reason for contacting the bank directly.

If the customer initiates a chargeback despite the fact that the problem could reasonably have been considered through communication with the service provider or the Company, the Company and the service provider reserve the right to provide the bank or payment processor with all relevant documentation, including the booking confirmation, the accepted terms, evidence of the communication conducted, information about the performance of the service and other relevant evidence.

In the event of suspected fraud, abuse or other impermissible conduct, the Company may refuse a booking, postpone confirmation, request additional verification, restrict access to the Platform, refuse a refund request while the verification is ongoing and take other measures reasonably necessary to protect the Company, the service provider, customers and the payment system.

22. Liability of the Company

The Company provides a digital space for the display, booking and, where applicable, collection of payment for services offered by independent service providers, but does not guarantee that every service will be performed without deviation, change, operational restriction or other problem beyond the Company's control.

The Company is not a contracting party in the part of the relationship relating to the actual performance of the specific service between the customer and the service provider, except to the extent expressly stated otherwise. For that reason, the Company bears no responsibility for the quality, safety, lawfulness, suitability, accuracy of performance, conduct of staff, operational decisions, delays, cancellations, schedule changes or other aspects of the service itself that are controlled by the service provider.

The Company is not liable for losses, costs or damage arising because the customer provided inaccurate information, did not read the terms of the specific service, did not appear on time, did not meet the conditions for using the service or acted contrary to the instructions of the service provider.

The Company is also not liable for the consequences of the actions of third parties, including banks, payment gateway systems, card schemes, telecommunications operators, internet service providers and other entities whose operation may affect the processing of the booking, communication, payment or refund.

To the extent that the Company intermediates in payment, its obligation in connection with any return of funds is limited exclusively to the amount it actually received through its system for the specific booking, and only where there are grounds for such a return in accordance with the relevant terms and applicable law.

Nothing in these Terms of Use excludes or limits the liability of the Company to the extent that such exclusion or limitation is not permitted by applicable law.

23. Electronic communication

The customer agrees that booking confirmations, notifications, changes, operational information, payment confirmations and other communication relating to the use of the Platform may be delivered electronically, including via e-mail, SMS message, the user interface or another digital channel the customer uses in communication with the Company.

For that reason, the customer is obliged to provide accurate and functional contact details, in particular a valid e-mail address and telephone number.

A notification shall be deemed duly delivered if it was sent to the e-mail address or telephone number the customer provided when booking or through their user account.

24. Personal data protection

The processing of customers' personal data is governed by the Privacy Policy, available on every page of the Platform. For the processing of data relating to bookings, payment collection, cancellations and returns of funds, the controller is the Company; for operational purposes directly connected with the performance of the booked service, the controller is the service provider, to whom the customer's contact details are provided to the extent necessary for the performance of the service. The service provider has no right to use those details for marketing or other purposes without the customer's express consent.

25. Amendments to the Terms of Use

The Company reserves the right to amend or supplement these Terms of Use from time to time where necessary due to changes in the business model, technical improvements, changes in regulations, regulatory requirements or other justified reasons.

Amendments to the Terms of Use will not apply retroactively to already confirmed bookings, unless such application is necessary due to applicable law, a regulatory requirement or security reasons.

By continuing to use the Platform after the amended Terms of Use enter into force, the customer confirms that they accept those amendments.

26. Governing law and dispute resolution

These Terms of Use are governed by the law of Montenegro.

The parties will endeavour to resolve any dispute, disagreement or claim arising in connection with the use of the Platform first amicably, through direct communication and, where appropriate, with the Company's mediation in communication with the service provider.

A customer who has the status of a consumer may, before or instead of initiating court proceedings, initiate out-of-court resolution of the consumer dispute before the competent body for out-of-court resolution of consumer disputes in Montenegro, in accordance with consumer protection regulations. Initiating that procedure does not limit the customer's right to judicial protection.

If an amicable resolution is not possible, the court with subject-matter jurisdiction in Montenegro shall have jurisdiction to resolve disputes, unless applicable law provides otherwise.