Legal Justification of the General Terms of Service
Subject: Analysis of the compliance of the Public Offer Agreement with the Consumer Protection Law of Montenegro
This document provides a detailed legal interpretation and confirms that the provisions of the Public Offer Agreement and the general business terms of the company D.O.O. «ALTERRA» BUDVA (operator of the «TS WINNER» system) are fully compliant with the mandatory provisions of the Consumer Protection Law of Montenegro (ZZP) i the Law on Obligations of Montenegro (ZOO).
1. Compliance of package validity period (45-day period)
The provision under which monthly memberships and training packages have a fixed validity period of 45 days is fully compliant with Article 79, paragraph 1, item 1 of the Consumer Protection Law.
Pursuant to the cited provision, the consumer loses the right to unilaterally terminate a distance contract and receive a refund once the service has been fully or partially performed with the consumer’s explicit prior consent. By purchasing a subscription, the User consents to the Provider reserving and engaging specific capacities in advance (tennis court rental and working time of licensed coaches).
If the User does not use the sessions within 45 days, Article 363 of the Law on Obligations applies — the contractual obligation ceases due to impossibility of performance for which only the creditor is responsible (the User who failed to appear), and the Provider retains the paid amount as compensation for the reserved capacity.
2. Legal validity of the booking cancellation deadline (8 working hours)
The limitation requiring cancellation no later than 8 working hours before the start of the agreed training session is based on Article 4 of the Law on Obligations (the principle of good faith and fair dealing) and the right to compensation for actual damage.
Timely cancellation (more than 8 hours in advance) is deemed an agreed amendment of the contract without damage to either party. Late cancellation (less than 8 hours) or non-attendance constitutes a unilateral breach of contractual obligation by the User, causing direct financial damage to the Provider (who has already paid for court rental and coach work and cannot offer that slot to third parties). Retention of 100% of the payment in this case is lawful compensation for the actual costs incurred in contract performance under the general rules of Montenegrin damages law.
3. Compliance of the refund policy
The Agreement fully recognizes the consumer’s right to unilaterally terminate the contract within 14 days pursuant to Article 74 of the Consumer Protection Law.
However, by application of Article 79, paragraph 1, item 1 ZZP, this right ceases at the moment actual performance of the contract begins (the first training session is completed or a fixed booking is activated in the schedule). Excluding cash refunds for transactions made by online payment cards directly fulfills obligations under the Law on Prevention of Money Laundering and Terrorist Financing of Montenegro, as well as the rules of the international card associations Visa and Mastercard (the rule of original transaction reversal to the source account).
Conclusion of the legal analysis
All contractual provisions of D.O.O. «ALTERRA» BUDVA represent standard and lawful business practice in the field of sports and recreational services, contain no elements of unfair contractual terms under Article 103 ZZP, and fully protect consumer rights while preserving economic balance and protecting the Provider from abuse of rights by users.