Legal Justification of General Terms and Conditions
Subject: Analysis of Compliance of the Public Offer Agreement with the Consumer Protection Law of Montenegro
This document provides a comprehensive legal interpretation and confirms that the provisions of the Public Offer Agreement and the general business conditions of the limited liability company D.O.O. “ALTERRA” BUDVA (operator of the “TK WINNER” sports system) are in full compliance with the imperative norms of the Consumer Protection Law of Montenegro (Zakon o zaštiti potrošača — ZZP) and the Law on Obligations of Montenegro (Zakon o obligacionim odnosima — ZOO).
1. Legality of the Package Validity Period (45-Day Rule)
The provision stating that monthly memberships and training packages expire strictly 45 days from the date of payment is in absolute alignment with Article 79, Paragraph 1, Point 1 of the Consumer Protection Law of Montenegro.
Pursuant to this statutory norm, the consumer completely loses the right to unilaterally terminate a distance contract and request a refund once the performance of the service has begun with their express prior consent. By purchasing a package, the User explicitly agrees that the Provider allocates and reserves specific capacities in advance (tennis court rentals and the working hours of licensed coaches).
If the User fails to utilize the sessions within the 45-day preclusive period, Article 363 of the Law on Obligations applies — the contractual obligation terminates due to the impossibility of performance caused solely by the creditor (the User who failed to appear), and the Provider legally retains the payment as compensation for the reserved capacity.
2. Legal Validity of the Cancellation Deadline (8 Working Hours Notice)
The restriction on canceling or rescheduling training sessions no later than 8 working hours prior to the scheduled time is based on Article 4 of the Law on Obligations (Principle of Good Faith and Fair Dealing) and the Provider’s right to claim actual damages.
Timely cancellation (more than 8 hours notice) represents a mutual, harmless modification of the schedule. Late cancellation (less than 8 hours notice) or a no-show constitutes a unilateral breach of contract by the User, causing direct financial loss to the Provider (who has already paid for the court time and coach availability without the ability to assign the slot to third parties). Retaining 100% of the single session cost is a lawful compensation for actual operational expenses incurred under the general liability and tort laws of Montenegro.
3. Compliance of the Refund Policy (Refund & Chargeback Regulations)
The contract fully respects the consumer’s right to withdraw from a distance contract within 14 days under Article 74 of the Consumer Protection Law.
However, by application of Article 79, Paragraph 1, Point 1 of the same Law, this right ceases immediately once the actual execution of the contract begins (attending the first practice or creating a fixed reservation in the scheduler). Furthermore, the exclusion of cash refunds for online credit card transactions directly complies with the Law on Prevention of Money Laundering and Terrorism Financing of Montenegro, as well as Visa and Mastercard core rules, requiring refunds to be processed strictly as a reversal (storno) back to the original funding card account.
Legal Compliance Conclusion
All contractual clauses established by D.O.O. “ALTERRA” BUDVA reflect standard, legitimate business practices in the sports and recreation industry. They contain no unfair contract terms under Article 103 of the ZZP, fully respect consumers’ statutory rights, while preserving the economic balance and protecting the Provider from arbitrary abuses of rights by users.