Definitions
In these terms of business the words and expressions listed below shall have the following meaning:
Parties (a) ‘We’, ‘us’ ‘our’: is Siciliafriends Limited
b) “You”, “your”, “client”: the customer(s) entering into the agreement
The contract and confirmation
The terms and conditions set out in this document together with your confirmation invoice comprise your agreement between Siciliafriends Limited and all those listed on the booking on whose behalf the party leader is acting. Siciliafriends is a trading name Siciliafriends of Limited.
Telephone quotes are all provided subject to written confirmation.
When you book a holiday, a contract is made once we confirm your booking. You must sign a booking form at the time of making your booking, which is your commitment to pay for the whole holiday. The person signing the booking form accepts responsibility for paying for all the people on the booking and for keeping everyone in the party informed of the booking details.
Assuming your booking is confirmed, and on receipt of a completed booking form, we will send you the details of your booking and your confirmation invoice. If you do not receive a confirmation invoice within two weeks, you should contact us to make sure that your booking has been made.
It is important that you check all the holiday documentation carefully to ensure it is correct as this forms the basis of the contract. Any discrepancies should be brought to our attention within 7 days of issue otherwise the details shown on the confirmation invoice will be presumed to be correct. It is this confirmation invoice, unless any discrepancies are brought to our attention that is deemed as confirmation of your acceptance of this Booking Contract on behalf of all persons included on the booking, which then forms the basis of the contract between us.
In the event that we are unable to confirm your booking, you will be offered an alternative holiday and in this case you will be free to: (a) accept the alternative holiday offered by us, or (b) purchase another holiday at the current selling price from us, or (c) accept a full refund of all monies paid. You must notify us in writing of your choice within 7 days of our offer to you, and, failure to do so will be deemed as acceptance of the offered alternative (refer to the section “Siciliafriends contact ”). If you chose to accept alternative holiday arrangements, you will be sent your confirmation invoice as quickly as possible. If you notify us of your wishes to decline, then we will refund all monies paid within 7 days.
Any monies paid in order to action a request for additional accommodation, in particular within eight weeks of departure, constitutes a commitment to proceed with the booking if your request is confirmed and such monies are non refundable unless your request cannot be fulfilled. Bookings will not be accepted unless one member of the party is eighteen years of age and is the lead name on the booking. If you wish to include any pre-booked excursions, car hire, insurance or other offers as part of your holiday booking, these should be requested at the time of booking.
Holiday pricing
We reserve the right to increase the price of your holiday after you have booked, but no later than 30 days before your departure date, as a result of currency fluctuations, government action or transportation charges. In these instances we will forward an Amendment Invoice reflecting any changes made. If the increase would be 2% or less of the holiday price shown on your original invoice, we will absorb the changes and will only pass on increases that are above that level. If the subsequent increase is more than 10% of the original holiday price, then:
1. you may cancel your holiday booking within 24 days of the Amendment Invoice date and receive a refund of all monies paid to us except any amendment charges; or
2. the increase will be considered a Major Change, as described in the section ‘changes made to your holiday by us’ and, unless you choose to cancel under paragraph 1 above, you will be entitled to the alternatives set out in this section.
The price quoted on the Amendment Invoice is guaranteed, unless you make any changes to your booking. Any further increases to our costs will be borne by us.
Property descriptions
Although the information shown on our website is updated regularly, some details may have changed by the time you book your holiday so please ensure that you check all of the details of your chosen accommodation (including price) with us at the time of booking.
Siciliafriends is dedicated to ensuring that the information relating to our accommodation is accurate and we are committed to regularly updating accommodation details on our website. However, due to the fact that most of our accommodation is privately owned or supplied through a third party, we cannot guarantee that changes will not occur and we cannot accept liability if this situation should arise.
Please also be aware that the standards and requirements of our holiday accommodation are applicable to the country in which they are provided . Overall, these requirements and standards will not be the same and may sometimes be lower.
Paying for your holiday
In order to secure a booking, a holding deposit of 30% of the total accommodation charge must be made for bookings made more than eight weeks before your scheduled departure. To book the airport transfer service, car hire or airport services, a 30% holding deposit is also required for bookings made more than eight weeks before your scheduled departure.
Payment must be made to us for the outstanding balance shown on your final invoice at least 8 weeks before your scheduled departure or if your booking is made within this period you will have to pay the full amount immediately.
If you do not pay in full by the date shown on the final invoice we reserve the right to cancel your booking if we so wish, which will make you liable for cancellation charges as set out in the cancellation table (refer to “Changes to your booking prior to the start of holiday (by you)”. If payment for your booking is made by credit card a handling fee of 2.5% will be levied.
Security deposits
Many of our property owners require a security deposit to cover against possible loss, damages, breakages or unpaid charges. This will be made in the form of a “credit card guarantee” and detailed on the holiday booking form.
Financial security for you
Siciliafriends is a member of the Travel Trust Association . All monies paid to Siciliafriends whether by cheque or bank transfer are held in a Travel Trust account until completion of your holiday. In the unlikely event that Siciliafriends became insolvent prior to your holiday, your payments will be refunded in full.
Cancellation or changes to your booking prior to the start of your holiday (by us)
We try to avoid making any changes to your holiday arrangements. However, due to the fact that we plan holiday programmes many months in advance, it is sometimes necessary to make minor alterations. Therefore, we must reserve the right to alter travel arrangements after this contract has been entered into for which we are not obliged to advise and for which no compensation or refund is due. However, if major changes are made, as defined in the next paragraph, we will advise you as soon as we are in a position to do so and you have a number of options available to you.
Major Changes include a change of resort, accommodation of a lower official rating and cancellation of your holiday. Please note that these are examples only and there may be other changes, which constitute Major changes.
If we alter your booking in any way which amounts to a Major change as defined above, or if we cancel the original booking within 56 days of the scheduled departure you will be free to: a) accept the new holiday arrangements, offered by us, or, b) purchase another holiday from us at the current advertised selling price, or, c) cancel your holiday with us altogether and receive a full refund of monies paid.
Please note – Compensation payments or refunds will not be made where the changes are caused by situations under the heading force majeure, such as war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural disasters, epidemics, health risks, fire, technical problems to transport, closure or congestion of airports, stations or ports, cancellations or changes of schedules by carriers ceasing to operate due to adverse weather conditions or other reasons and similar events outside our control or where we cancel because you have failed to pay the balance of your holiday cost.
Tours are dependent on minimum numbers. In the case of insufficient demand for a particular tour we reserve the right to consolidate or cancel the tour, though we will not do so within 56 days of your scheduled departure. We will endeavour to offer the same tour on a different date, or an alternative holiday of similar standard, or a refund of all monies paid.
If you are prevented from travelling, you may transfer your booking to another person or group, as long as you give at least 21 days notice and the arrangements remain exactly the same as the original booking. You must also agree to pay any charges we may incur or levy to make this change. For the purpose of this contract we define “prevented” to be death, accident, illness, jury service or witness summons, or redundancy of yourself or a travelling companion.
If you wish to transfer your booking to another Siciliafriends product thereby changing the arrangements completely this will be treated as a cancellation with loss of deposit and if applicable cancellation charges as set out in the table below and it will be necessary to re-book another holiday.
If you wish to add any new persons onto the booking, including car hire, pre-booked excursions or other offers featured on our website and we are able to confirm such changes, no amendment fee will be levied. However such changes may not always be accepted within 14 days prior to the date of departure, unless confirmed at the time of booking.
If you wish to make any changes at all to your holiday booking, including name changes, once we have issued a confirmation invoice, but outside the cancellation period outlined in “Cancellation or changes to your booking prior to the start of your holiday (by us)” we will do our best to help. However, we may not always be able to meet your request and have no obligation to do so. Where it is possible to meet your request, the total holiday cost will be recalculated in accordance with any new arrangements taking into account under occupancy supplements, any applicable cancellation fees or other extra charges payable and a new confirmation invoice issued. There will also be an additional charge of £25 per person.
If you cancel your holiday, the lead name on the booking must advise us in writing by post, fax or email immediately. Verbal cancellations will not be accepted. If you cancel you will be liable to pay the cancellation charges set out in the table below. Cancellation periods are calculated from the date your cancellation is received by us at our offices at Siciliafriends via post, fax or email to Siciliafriends contact section. The term “total holiday cost” in the table means the total holiday booking cost for all persons included on the booking and shown on our invoice, if cancellation occurs prior to the scheduled date of departure.
Number of days prior to scheduled departure cancellation charge
(as % of total holiday cost)
- 56-43 days 30%
- 42-29 days 65%
- 28-15 days 90%
- 15-0 days 100%
If you cancel your holiday more than 56 days prior to your departure then an administration charge of Euro 25 ,- will apply and this will be deducted from your initial holiday payment.
If you cancel your holiday on the day of departure due to circumstances beyond your control, compensation or refunds will not be payable by ourselves and any such claims should be forwarded to your insurers.
If you curtail your booking, for whatever reason, no refunds will be payable for any unused nights accommodation. Subject to the other terms of these booking conditions, no refunds will be made in respect of any accommodation or other services, which are not used, for whatever reason.
Please note – Compensation payments or refunds will not be made where the changes are caused by situations under the heading force majeure, such as war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural disasters, epidemics, health risks, fire, technical problems to transport, closure or congestion of airports, stations or ports, cancellations or changes of schedules by carriers ceasing to operate due to adverse weather conditions or other reasons and similar events outside our control or where we cancel because you have failed to pay the balance of your holiday cost.
Tours are dependent on minimum numbers. In the case of insufficient demand for a particular tour we reserve the right to consolidate or cancel the tour, though we will not do so within 56 days of your scheduled departure. We will endeavour to offer the same tour on a different date, or an alternative holiday of similar standard, or a refund of all monies paid.
Our responsibility
We accept responsibility for the acts and omissions of our employees and local agents whilst acting in the course of their employment. Although Siciliafriends acts in good faith, we do not control the day-to-day operations of our suppliers, therefore we do not accept responsibility for any deficient facilities or services which form part of the holiday, and which we contract to provide. Please bear in mind that in some countries local standards will not be the same as in the UK and it is not always within our control to impose our own standards. Where Siciliafriends has acted as Agents for third party suppliers, please refer to the Terms of Business provided by that supplier. Siciliafriends will not be liable for negligence of any third party suppliers.
We cannot be held liable to accept responsibility for death, bodily injury or illness caused on holiday unless it is proved that it is due to the negligence of our employees, agents, suppliers or sub-contractors acting in the course of their employment and this is brought to our attention in resort or within three months of your return from holiday. The company’s liability in any action (excluding that for personal injury, illness or death) will be limited to twice the cost of your holiday.
In the event, through no fault of your own, you suffer an accident, injury or illness whilst on holiday which is not connected with arrangements made by us we will, in our discretion, offer help, guidance or any assistance which we consider appropriate provided you tell us and the supplier involved about your illness or injury whilst you are in resort and write to us within three months of your return.
If due to adverse weather conditions or other circumstances beyond our control, pre-booked excursions or tours are not available during your holiday; our liability is limited to a refund of monies paid for such services.
Your responsibility
The accommodation booked is only available for use by those persons including on the booking unless otherwise agreed by us in writing. You are responsible for any damage caused to your holiday accommodation, except by persons not known to you or us and unconnected with the contract between us, during your stay and any charges levied by the owner/hotel manager in this respect must be met by you and paid locally. We can end your holiday if your behaviour or that of any member of your party is likely in our opinion to cause distress, damage, danger to or to annoy other customers, employees, accommodation or anyone else.
If, in the opinion of any person in authority such as an aircraft captain, accommodation owner or manager or senior Siciliafriends employee, you appear to be unfit to travel or because of antisocial behaviour, are likely to cause a disturbance to other passengers, or damage to property, we may terminate your holiday arrangements with us. We will not be liable to make alternative arrangements for other accommodation or repatriation nor will we cover any costs, which you may incur or make any refunds.
On arrival, clients must show 1) confirmation details, 2) passport, 3) pay all local charges, deposits etc. Accommodation must be vacated by 10am and the keys must be returned to the owner or an Siciliafriends representative.
You are fully responsible if you partake in sports or other holiday activities. You should check sports facilities, equipment and vehicles before using them. The Tour Operator is only liable for accidents that occur in the course of sports and other holiday activities if he must answer for any fault. The Tour Operator recommends that travellers take out accident insurance.
Transportation is provided on the basis of the terms and conditions of transport of the respective transport provider.
Administration charge
We reserve the right to levy an administration charge in certain circumstances to cover any additional costs incurred by us, such as contacting suppliers for special requests, returning lost property, extra administration relating to late bookings within 7 days of departure etc. This charge is Euro 25,- per booking, but may be higher to cover special ticket despatch costs. This charge does not relate to any amendments made to your booking as outlined under “Changes to your booking prior to the start of your holiday (by you)”.
Flight delays and travel arrangements
Please refer to the terms and conditions that are issued with your tickets, as notified by the designated Airline.
Please note, Airlines do not offer compensation for inconvenience or loss of holiday time caused by flight delays. Similarly, it is not possible to obtain refunds for any unused accommodation or facilities in the event of an extended delay.
When you travel by air, land or on water, the relevant carrier’s ‘Conditions of Carriage’ will apply to your journey, some of which may limit liability.
Pregnant women are usually eligible to fly up to 28 weeks of the pregnancy on the date of return travel as this may vary, please check beforehand with your doctor and the relevant airline.
Operational decisions may be taken by carriers and/or airports, port authorities, and other competent authorities, resulting in delays, diversions or re-scheduling. When such situations occur, this is not within our control and we cannot accept liability for them.
Special requests
We will always pass on any special requests and try to meet them but cannot guarantee to do so. However, please note that special requests do not form part of our contractual agreement and will have no liability if they are not met (see Important Information).
Travel Documents
It is your responsibility to have valid travel documents. If we, or your carrier, are fined as a result of you holding incorrect documents we will ask you to pay this amount.
Problems or complaints.
In the unlikely event that you have reason to complain or experience any difficulties with your holiday whilst in Sicily, you must bring the matter to the attention of the Siciliafriends representative/agent and the relevant supplier immediately, as this is an E.C. requirement. Verbal notification must be put in writing and given to our representative as quickly as possible. Siciliafriends has local representatives in Sicily in order to provide you with assistance. However, if we are unaware of a problem or complaint then we are unable to assist with resolving it. If you are still dissatisfied, you must then write to us within 15 days of your return, quoting your booking reference number and providing full details of your complaint. Upon receipt of your letter we will acknowledge it, investigate the points raised and reply within 28 days or, if this is not possible, send you an interim letter advising of our progress. We cannot accept liability in the event that you fail to notify us of the complaint or claim in accordance with this clause.
General, applicable law and place of jurisdiction
17.1 The invalidity of individual provisions of the holiday contract does not affect the validity of the overall holiday contract. The same applies to these terms and conditions of travel.
17.2 The contractual relationship between the customer and the Tour Operator is subject exclusively to German law. This same applies to the entire legal relationship.
17.3 Insofar as legal action is taken by the customer against the Tour Operator abroad and German law is not applied to the liability of the Tour Operator then as regards the legal consequences, in particular regarding the type, extent and amount of the claims of the customer, exclusively German law shall apply.
17.4 The customer can take legal action against the Tour Operator only at the location where the Tour Operator is based.
17.5 Any legal action taken by the Tour Operator against the customer must be made at the place where the customer is resident. The venue for any legal action against a customer or contract partner to a travel contract who is a trader or merchant, a natural or legal person, whether public or private, who is domiciled or has his usual place of residence abroad or his place of domicile or usual residence is unknown at the time the action is taken, is agreed as the place where the Tour Operator is based.
17.6 The aforementioned conditions about the choice of law and the legal venue do not apply:
a) if and inasmuch as something else exists in favour of the customer based on contractually mandatory regulations of international agreements and which are applicable to the travel contract between the customer and the Tour Operator, or
b) if and inasmuch as mandatory regulations in the member state of the European Union to which the customer belongs are applicable to this travel contract and are more favourable to the customer than the regulations in these terms and conditions or the corresponding German provisions.