Failure of Explore Montenegro Ltd
Explore Montenegro Ltd – ATOL 10386 has ceased trading as an ATOL holder on 5th October 2022.
The company based in London traded under the names Montenegro Holidays, Explore Montenegro, and Adriatic Holidays, and website(s) www.adriaticholidays.com, www.exploremontenegro.com, www.montenegroholidays.com.
Accommodation Only, Non-flight Packages & Gullet Cruise Only Bookings
Bookings which do not include a flight element are not covered by the ATOL scheme and consumers should contact www.abta.com
The following information is for ATOL protected bookings. ATOL protected consumers are those that booked:
An ATOL protected flight inclusive package protected by Explore Montenegro Ltd
Your ATOL Certificate will say either ‘Package Single Contract’ or ‘Package Multi-Contract’ in the bottom right-hand corner. Explore Montenegro Ltd’s ATOL number 10386 will also be shown in the box to the left of this.
Consumers due to travel
Package bookings
If you have an ATOL protected flight inclusive package and have been issued with flight tickets, the flights may be valid for travel, passengers are advised to check with the airline. If the airline confirms you have a valid ticket for travel, you have two options:
Option 1 Claiming a full refund
If you do not wish to use your flight, you may make a claim for a refund for the amount you paid to Explore Montenegro Ltd for your ATOL protected package (depending upon your original method of payment). Also applicable for passengers with non-valid flights.
Direct bookings with payments made using a credit card
If you paid Explore Montenegro Ltd directly by credit card, ATOL are unable to authorise payment.
Where any part of the payment for your original trip was made using a credit card, pursuant to Section 75 of the Consumer Credit Act 1974, credit card issuers are also responsible for refunding customers the entire cost of the transaction including the payments you made by cheque, cash, debit card, charge card, etc.
Therefore, in accordance with Section 75 of the Consumer Credit Act 1974, you should forward your claim to your credit card issuer for reimbursement of all the payments you personally made including payments by other methods for your holiday stating you are requesting a refund in accordance with Section 75 of the Consumer Credit Act 1974.
The following letter is required to support your claim to your card issuer (ATOL Negative Response Letter)
In the event your credit card issuer refuses your claim because it does not consider that Section 75 applies, or that Section 75 does not cover the entire amount claimed, obtain a written copy of the refusal which must state the reason for not refunding you, you may then make a claim to ATOL by completing a claim form.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage.
- Enter 00:00 if you do not know your flight times
- Use your original date of booking
- Use your most recent ATOL Certificate Number (Booking Reference)
- Complete “Your Details” section, and tick if you are the lead passenger prior to using the post code lookup function.
Direct bookings with payments made using other payment methods
If you paid for your original trip directly to Explore Montenegro Ltd by any other method i.e., cheque, cash, debit card, bank transfer, charge card, etc you should claim from ATOL.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage.
- Enter 00:00 if you do not know your flight times
- Use your original date of booking
- Use your most recent ATOL Certificate Number (Booking Reference)
- Complete “Your Details” section, and tick if you are the lead passenger prior to using the post code lookup function.
Agent bookings with payments by any methods
If you paid for your original trip by any method to an agent of Explore Montenegro Ltd, you should claim from ATOL.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage.
- Enter 00:00 if you do not know your flight times
- Use your original date of booking
- Use your most recent ATOL Certificate Number (Booking Reference)
- Complete “Your Details” section, and tick if you are the lead passenger prior to using the post code lookup function.
Option 2 Using flights and claiming for other elements
If the airline confirms you have a valid ticket, you may choose to travel and use your flight. You may be asked to pay again for the other ground elements which formed part of your original package and you may claim for the cost of replacing these elements (depending on method of your original payment to Explore Montenegro Ltd).
To avoid any issues in resort, you should confirm the cost of all the elements in advance of travel.
Replacement elements should be on a ‘like for like’ basis of your original booking, i.e., same board, room type etc. There is a limit to the amount you can claim. For details of your claim entitlements you may view the ATT Payment Policy. Please note claims cannot exceed the total cost of the original booking made with Explore Montenegro Ltd.
Warning
Please note that if you choose to travel and use your valid flight, you are not protected under The Package Travel and Linked Travel Arrangements Regulations 2018 as your package travel provider has ceased to trade. You will therefore be responsible for any risks arising from each individual element of your trip which would have previously been protected.
Direct bookings with payments made using a credit card
Consumers who choose to travel, may make a claim for the costs incurred in replacing the pre-booked elements of their holiday. If you originally paid Explore Montenegro Ltd by credit card, then you should claim for the replacement elements value from your credit card issuer.
Where any part of the original payment for your trip was made using a credit card, pursuant to Section 75 of the Consumer Credit Act 1974, credit card issuers are also responsible for refunding customers the entire cost of the transaction including the payments you made by cheque, cash, debit card, charge card, etc.
The following letter is required to support your claim to your card issuer (ATOL Negative Response Letter).
In the event your credit card issuer refuses your claim because it does not consider that Section 75 applies, or that Section 75 does not cover the entire amount claimed, obtain a written copy of the refusal which must state the reason for not refunding you, you may then make a claim to ATOL by completing a claim form.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage.
- Enter 00:00 if you do not know your flight times
- Use your original date of booking
- Use your most recent ATOL Certificate Number (Booking Reference)
- Complete “Your Details” section, and tick if you are the lead passenger prior to using the post code lookup function.
Direct bookings with payments made using other payment methods
If you paid for your original trip by any method other than credit card (i.e., cheque, cash, debit card, charge card) you should claim from ATOL. You will only be entitled to claim the cost of your replacement ground elements up to the cost of your original trip and replacement elements should be on a ‘like for like’ basis i.e., same board, room type etc.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage.
- Enter 00:00 if you do not know your flight times
- Use your original date of booking
- Use your most recent ATOL Certificate Number (Booking Reference)
- Complete “Your Details” section, and tick if you are the lead passenger prior to using the post code lookup function.
Agent bookings with payments by any methods
If you paid for your original trip by any method to an agent of Explore Montenegro Ltd, you should claim from ATOL. You will only be entitled to claim the cost of your replacement ground elements up to the cost of your original trip. Replacement elements should be on a ‘like for like’ basis i.e., same board, room type etc.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage.
- Enter 00:00 if you do not know your flight times
- Use your original date of booking
- Use your most recent ATOL Certificate Number (Booking Reference)
- Complete “Your Details” section, and tick if you are the lead passenger prior to using the post code lookup function.
ATOL protected bookings that were cancelled
If your ATOL booking was cancelled and Explore Montenegro provided written confirmation that you are owed a refund, you may make a claim (subject to how you originally paid).
Direct bookings with payments made using a credit card
If you paid Explore Montenegro Ltd directly by credit card, ATOL are unable to authorise payment.
Where any part of the payment for your original trip was made using a credit card, pursuant to Section 75 of the Consumer Credit Act 1974, credit card issuers are also responsible for refunding customers the entire cost of the transaction including the payments you made by cheque, cash, debit card, charge card, etc.
Therefore, in accordance with Section 75 of the Consumer Credit Act 1974, you should forward your claim to your credit card issuer for reimbursement of all the payments you personally made including payments by other methods for your holiday stating you are requesting a refund in accordance with Section 75 of the Consumer Credit Act 1974.
The following letter is required to support your claim to your card issuer (ATOL Negative Response Letter)
In the event your credit card issuer refuses your claim because it does not consider that Section 75 applies, or that Section 75 does not cover the entire amount claimed, obtain a written copy of the refusal which must state the reason for not refunding you, you may then make a claim to ATOL by completing a claim form.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage.
- Enter 00:00 if you do not know your flight times
- Use your original date of booking
- Use your most recent ATOL Certificate Number (Booking Reference)
- Complete “Your Details” section, and tick if you are the lead passenger prior to using the post code lookup function.
Direct bookings with payments made using other payment methods
If you paid for your original trip directly to Explore Montenegro Ltd by any other method i.e., cheque, cash, debit card, bank transfer, charge card, etc you should claim from ATOL.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage.
- Enter 00:00 if you do not know your flight times
- Use your original date of booking
- Use your most recent ATOL Certificate Number (Booking Reference)
- Complete “Your Details” section, and tick if you are the lead passenger prior to using the post code lookup function.
Agent bookings with payments by any methods
If you paid for your original trip by any method to an agent of Explore Montenegro Ltd, you should claim from ATOL.
When completing the ATOL claim form:
You will need your original booking documents and evidence of payment for information purposes. You do not need to submit your booking documents when completing your claim form, we will request these from you at a later stage.
- Enter 00:00 if you do not know your flight times
- Use your original date of booking
- Use your most recent ATOL Certificate Number (Booking Reference)
- Complete “Your Details” section, and tick if you are the lead passenger prior to using the post code lookup function.
Information For Travel Agents
If you are holding consumers’ monies that have not been paid to the Explore Montenegro Ltd., under the terms of the ATOL scheme, you now hold these monies on behalf of the Air Travel Trust. These are termed as ATT Pipeline Monies. Travel agents should not refund consumers or use these monies for a rebooking unless instructed by the Air Travel Trust.
The CAA will contact you for information on the bookings held with Explore Montenegro Ltd.
Time limit for making a claim to ATOL by 4th October 2023.
The UK CAA has the power to prosecute offences related to its statutory functions. Person(s) who make fraudulent ATOL claims, following the failure of an ATOL holder, may be prosecuted by the UK CAA for offences under section 1 of the Fraud Act 2006. The maximum sentence for this offence is 10 years’ imprisonment.