Contract of Carriage

Detailed overview of the contract of carriage, liability limits, and important passenger rights.

Informations about contract of carriage.

Our Conditions of Carriage apply only on those flights, or flight segments, where our Airline Designator Code (MNE) is indicated in the carrier box of the Ticket for that flight or flight segment.

  1. Pursuant to this Contract, "ticket" means the passenger ticket and baggage check or itinerary/receipt if applicable in the case of an electronic ticket, of which these conditions and notices form part. "Carriage" is equivalent to "transportation", "carrier" means all air carriers that carry or undertake to carry the passenger or his baggage hereunder or perform any other service incidental to such air carriage, "electronic ticket" means the itinerary/receipt issued by or on behalf of the Carrier, the Electronic Coupons and, if applicable, a boarding document.
  2. Carriage hereunder is subject to the rules and limitations relating to liability established by the Convention for the Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999, commonly known as the Montreal Convention.
  3. To the extent not in conflict with the foregoing Convention, carriage and other services performed by each carrier are subject to: (I) provisions contained in the ticket, (II) applicable tariffs, (III) carrier's conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of carrier), except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.
  4. Carrier's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in carrier's tariffs, conditions of carriage, regulations or timetables; carrier's address shall be the airport of departure shown opposite the first abbreviation of carrier's name in the ticket; the agreed stopping places are those places set forth in this ticket or as shown in carrier's timetables as scheduled stopping places on the passenger's route; carriage to be performed hereunder by several successive carriers is regarded as a single operation.
  5. An air carrier issuing a ticket for carriage over the lines of another air carrier does so only as its agent.
  6. Any exclusion or limitation of liability of carrier shall apply to and be for the benefit of agents, servants and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives.
  7. Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage moving in international transportation complaint must be made in writing to carrier forthwith after discovery of damage and, at the latest, within seven days from receipt; in case of delay, complaint must be made within 21 days from date the baggage was delivered.
  8. This ticket is good for carriage for one year from date of issue, except as otherwise provided in this ticket, in carrier's tariffs, conditions of carriage, or related regulations. The fare for carriage hereunder is subject to change prior to commencement of carriage. Carrier may refuse transportation if the applicable fare has not been paid.
  9. Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections.
  10. Passenger shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by carrier or, if no time is fixed, early enough to complete departure procedures.
  11. No agent, servant or representative of carrier has authority to alter, modify or waive any provision of this contract.
  12. By purchasing a ticket, a Contract of Carriage is concluded (together with the General Conditions of Carriage which are an integral part of the Contract) between our airline (contractual air carrier) and the purchaser of transport - the passenger, which provides that in case of any disputes arising from this Contract, the contracting parties agree that the courts in Montenegro shall have exclusive jurisdiction for their resolution, namely:
    • The Basic Court in Podgorica in cases where the purchaser of transport - the passenger is a natural person;
    • The Commercial Court in Podgorica in cases where the purchaser of transport is a legal entity.
  13. In the event of any disputes arising from this Contract, the contracting parties agree that claims arising from this Contract cannot be the subject of assignment (cession) to third parties without the express and prior written consent of the contracted air carrier. Any attempt to transfer claims without the express and written consent of the air carrier shall produce no legal effect towards the debtor.
  14. The Contract of Carriage (together with the General Conditions of Carriage, which form an integral part thereof) is governed by the laws of Montenegro. In the event of any dispute arising out of or in connection with this Contract, the parties agree to submit to the exclusive jurisdiction of the courts of Montenegro.

Passengers are informed that the international agreement known as the Montreal Convention (Convention for the Unification of Certain Rules for International Carriage by Air) signed in Montreal on 28 May 1999, regulates and limits the liability of the Carrier in the event of death or bodily injury of passengers, loss, damage or delay of baggage, as well as in the event of delay in the carriage of passengers.

In addition to the application of the Montreal Convention, Air Montenegro also acts in accordance with applicable national regulations, including the Law on Obligations and the Basics of Property Relations in Air Transport ("Official Gazette of Montenegro", No. 18/11, 46/14, 43/18 and 89/25).

DEATH OR INJURY TO A PASSENGER

The carrier shall be liable for damage caused in the event of death or bodily injury of a passenger, provided that the accident causing the death or injury occurred on board the aircraft or during embarkation or disembarkation.

For damages caused in the event of death or bodily injury of passengers, not exceeding the amount of 151,880 SDRs (approximately EUR 178,783), the Carrier cannot exclude or limit its liability.

In the event of death or bodily injury of a passenger, the Carrier is obliged, within 15 days of the identification of the person entitled to compensation, to pay an advance in order to meet the immediate material needs of such persons. In the event of the passenger's death, the amount of the advance payment cannot be less than 16,000 SDRs (approximately 18,800 EUR).

Advance payment does not constitute an admission of liability and may be included in the total amount of compensation paid by the Carrier. The advance payment is non-refundable, except in the cases referred to in Article 20 of the Montreal Convention, or if the person who received the advance was not entitled to compensation.

The carrier shall not be liable for damage caused in the event of death or bodily injury of a passenger, exceeding 151,880 SDRs for each passenger, provided that it proves that:

(a) the damage was not caused by negligence or other misconduct or omission of the Carrier, its employees or agents;

(b) the damage is caused solely by the negligence, other misconduct or omission of a third party.

DAMAGE CAUSED TO LUGGAGE

The carrier shall be liable for damage caused in the event of destruction, loss, damage or delay of checked baggage, provided that the event causing the destruction, loss, damage or delay occurred on board the aircraft or while the checked baggage was under the control of the carrier. The carrier is not responsible if the damage is caused by a hidden defect, quality or defect in the luggage. In the case of hand luggage, the Carrier is responsible if the damage was caused by its own fault or the fault of its officer.

The Carrier's liability for destruction, loss, damage or delay of baggage is limited to 1,519 SDRs per passenger (approximately EUR 1,789).

The passenger may take advantage of the possibility to increase the upper limit of liability for lost, damaged or untimely baggage if he or she applies for a special statement of the value of his baggage and pays additional compensation for it. In addition, if the value of the luggage exceeds the applicable upper limit of responsibility, it should be fully secured before the trip.

DAMAGE INFLICTED ON GOODS

The carrier shall be liable for damage caused in the event of destruction, loss or damage to the goods, provided that the event causing the damage occurred during carriage by air.

The carrier shall not be liable if it proves that the destruction, loss or damage to the goods is due to:

(a) a hidden defect, quality or defect in the goods;

(b) mispackaging of the goods by a person other than the Carrier, its employees or agents;

(c) an act of war or armed conflict;

(d) a decision of a public authority relating to the entry, exit or transit of goods.

Carriage by air includes the time during which the goods are under the control of the Carrier.

Travel time by air does not include transport by land, sea or inland waterway, which takes place outside the airport. If such carriage occurs during the performance of a contract for carriage by air, for the purpose of loading, delivery or transshipment, the damage shall be presumed to be the result of an event occurring during carriage by air, unless proven otherwise. If the Carrier, without the consent of the consignor, replaces the carriage agreed to be performed by air by another mode of transport, such carriage shall be deemed to have been performed within the framework of carriage by air.

For damage caused by destruction, loss, damage or delay in the carriage of the goods, the Carrier's liability is limited to the amount of up to 26 SDRs (approximately EUR 30) per kilogram, unless at the time of handing over the package to the Carrier, the Sender has specifically determined the value of the delivery at the destination and paid an additional amount, if required. In this case, the Carrier is obliged to pay a sum not exceeding the stated amount, unless it proves that this amount is greater than the actual value for delivery at destination.

DELAY

The carrier is liable for damage caused by delays in the carriage of passengers, baggage or goods by air. However, the carrier shall not be liable for damage caused by delay if it proves that he, his employees and agents have taken all measures that may reasonably be required to avoid the damage or that it was impossible for him or them to take such measures.

For damage caused by delayed baggage, the passenger is entitled to compensation if the Carrier acknowledges the loss of checked baggage or if the checked baggage does not arrive within 21 days* from the day on which it should have arrived. In case of damage to luggage, the passenger is obliged to file a complaint immediately upon discovering the damage, and no later than 7 days from the date of receipt of the baggage. In case of delay, the complaint must be submitted no later than 21 days from the date on which the luggage was placed at the disposal of the passenger.

In the event of a flight delay, we provide assistance to our passengers in accordance with the Law on Obligations and the Basics of Property Relations in Air Transport "Official Gazette of Montenegro" No. 18/11, 46/14, 43/18 and 89/25).

DISCLAIMER OF LIABILITY

If the Carrier proves that the damage was caused or contributed to by the negligence or other misconduct or omission of the person claiming damages, or the person from whom he derives his rights, the Carrier shall be exempt from liability towards the person claiming compensation to the extent that such negligence, misconduct or omission caused the damage or contributed to its occurrence.

When, due to the death or injury of a passenger, compensation is claimed by a person other than the passenger, the Carrier shall be exempt from liability if it proves that the damage was caused or contributed to by the negligence or other misconduct or omission of that passenger. This applies to all provisions on liability in the said Convention, including paragraph 1 of Article 21.

OBSOLESCENCE AND INITIATION OF OBSOLESCENCE

Claims arising from the contract of carriage and recourse claims arising from the contract of carriage shall be time-barred for two years from the date on which the aircraft arrived or should have arrived at the place of destination.

NOTE: Each complaint must be submitted in writing and within the above deadlines.

*EXPLANATION: The term "days" (when used in the Montreal Convention) implies calendar days, not working days.

Government taxes and fees that are mandatory in air transport may be included in the ticket price. These taxes and fees, which may represent significant costs of air transport, may be included in the ticket fare or separately shown in the box(es) on the ticket labeled "TAX". Payment of these taxes and fees may be required from the passenger subsequently.

In accordance with the Law on Obligations and Fundamentals of Ownership-Legal Relations in Air Transport ("Official Gazette of Montenegro", No. 18/11, 46/14, 43/18 and 89/25) in case of denied boarding (due to overbooking), the Carrier is obliged to offer passengers with a confirmed reservation, who were not admitted to the flight, appropriate compensation. You can find details about the rights and compensation amounts on our website in the General Conditions of Carriage section (Appendix I - Notice on passenger rights in case of denied boarding, cancellation and flight delay).

The carrier reserves the right to rebook flights in order to reduce the effects of no-shows and enable the use of available seats by other passengers. Although we make every effort to secure reserved seats, seat availability is not guaranteed until the boarding process is complete.

The use of the following electronic devices is not permitted during the entire stay on the aircraft:

  • Devices that emit electronic waves, mobile phones, walkie-talkies, remote-controlled toys, cathode ray tubes, wireless PC mice, PC printers, radios and stereos, televisions, telemetry devices.

Laptops may be used after takeoff and before landing in accordance with instructions on the aircraft.

Passenger documents - Notice to all passengers that they are required to obtain all necessary travel documents, health certificates and other documents required by the countries they are traveling from, through, and to before starting their journey. Air Montenegro is not responsible for any loss or costs incurred due to passenger's failure to comply.

Reservation for onward travel and return - Attention is drawn to passengers to cancel their original reservation if they change their travel plans, otherwise all reservations for onward travel and/or return will be automatically cancelled. We also recommend that passengers reconfirm their reservations for onward travel or return.

Timely check-in for departure - We recommend that passengers check in for departure at the airport in a timely manner so that all necessary procedures for boarding the aircraft can be completed. Air Montenegro reserves the right to dispose of seats of passengers who have not checked in on time for departure. After checking in for departure, passengers are required to prepare for boarding at the designated gate, as the flight cannot be delayed due to passengers who do not arrive on time, and Air Montenegro bears no responsibility in such cases.

For safety reasons, the transport of the dangerous items listed below in baggage is prohibited.

  • Explosives, ammunition, sprays, fireworks and signal flares,
  • Gases under pressure (flammable, non-flammable and toxic) such as: butane, propane, diving cylinders, lighter fuel or lighter refill capsules, aerosols,
  • Briefcases with built-in alarm devices or built-in lithium batteries and/or pyrotechnic materials,
  • Flammable liquids and items such as paints, thinners, glue, matches, and other highly flammable materials,
  • Oxidizing materials such as: bleach powder and peroxides,
  • Poisons such as arsenic, cyanide, insecticide, weed killers, viral materials,
  • Radioactive materials,
  • Corrosive materials such as: mercury (thermometer, blood pressure monitor), acids, alkalis and batteries,
  • Knives (including hunting knives), swords, scissors, and other sharp objects whose carrying is not permitted according to local law and international regulations,
  • Spare ammunition for sporting purposes (transported only with carrier permission),
  • And all those materials that present a danger during air transport and are not listed above, such as magnetic materials, materials with an unpleasant odor or irritating agents,
  • In addition to the above, medicines containing alcohol and toiletries, such as hairsprays and perfumes, which are necessary for the passenger during travel may be transported in limited quantities.

DO NOT ENDANGER YOURSELF OR YOUR FELLOW PASSENGERS.

Hand baggage on Air Montenegro flights must not exceed the following dimensions: 55x20x40 and maximum weight: 8kg.

ON AIR MONTENEGRO FLIGHTS, ONLY ONE PIECE OF HAND BAGGAGE IS ALLOWED PER PASSENGER.