TERMS AND CONDITIONS
The Traveller’s Niche Ltd (henceforth “the Company”) is a private company under English law, registered with Companies House in London under company number 9006160 and with registered office in London.
HiSicily is a brand owned by The Traveller’s Niche.
The following “Terms and conditions” are the rules which govern the booking contract and reports descending from the same as those relating to the use of the reserved property, its appurtenances and, in general, its ancillary services, in the period chosen by the customer, as well as the booking of additional services. The fruition of these services is not governed by these terms and conditions, since each report directly or indirectly arising from it, outside of the reservation, will elapse directly between the customer and the supplier of the relative supplementary service.
For this reason, customers who book a structure through The Traveller’s Niche and require the use of an additional service are obliged to read the terms and conditions in use provided by the supplier of the requested service carefully.
To the extent in which these terms and conditions constitute a source of regulating rights and obligations of the company in respect of the customers, customers are invited to read them carefully.
Unless otherwise expressly agreed and/or written as exception, all reservations are governed by these “terms and conditions”.
“Customers” refers to all individuals whose names are contained within the reservation, without any limitation to the individual that will be indicated as “contact for booking”, as well as those that will be added or replaced subsequently in accordance with the provisions laid down by the present “Terms and conditions”, than those originally specified.
“Contact-person for the booking procedure” refers to the individual taking care of booking and mentioned as point of contact for relations with HiSicily within the booking steps, payment, and enjoyment of the holiday, in all cases where customers are more than one.
“Third and/or third parties” refers to any individual not included in the reservation made by the Customer, plus as Third parties, they are not included within the relationships between the customer and the HiSicily.
“Property” and/or “structures”, refer to the buildings and/or to the residences that can be booked via HiSicily.
“Ancillary Services” and “appliances”, refers to all facilities that are exclusive pertinence of the accommodation reserved by the Customer. These facilities are usableonly by the Customer during the period booked through HiSicily (as example but not exhaustive are mentioned the following facilities : tennis, … swimming pool, gardens, private parks) .
“Additional Services” refers to services of various kinds and species, such as hire of vehicles, boats, helicopters, miscellaneous equipment, private courses and lectures. These services can be used individually or in groups of people organised by third parties and/or company for which HiSicily operates exclusively as agent. During this period the customer will receive these after filling out a written request to HiSicily (as example but not exhaustive are mentioned the following courses: sailing lessons, ceramic, guided tours, car hire with driver … ).
“Holiday”, ” Sojourn “, “Stay” refers to the period in which the customer will stay at the property reserved in accordance with these terms and conditions
“Agreements” refers to the written agreements agreed with the customer regarding the booking and the use of the structure and various kinds of ancillary services or any special requests.
“Hi-Passport” refers to the electronic package sent through e-mail containing the so-called “HiVoucher”, the booking information, information on how to reach the structure , the manual of ownership, the guide containing the points of interest near the structure.
“Hi-Voucher”, refers to the document contained within the so-called ” Hi-Passport ” proving the reservation wich the customer must show to the property manager at arrival in order to have access to the structure.
“Primary Changes” are any changes, adjustments, corrections, which substantially change or replace the structure originally chosen with that of an inferior level, any radical change in the geographic location, a change of accessories used to provide the services, or where there are no other rooms available that can serve as an equivalent alternative to the structure originally selected.
“Secondary changes”, refers to the further hypothesis of changes not dealt with within the “Primary Changes”
“Major damage” refers to volunteers damages and/or accidental damages that go more than the mere wear and tear linked to the normal use of the structure, of its furnishings, its appurtenances and its ancillary services that may occur due to a lack of diligent and attentive behaviour by the customer/customers during the staying period. As example is the breaking of a window.
“Minor damages”: refers to damage of mild intensity that can reasonably and inevitably occur due to the normal use of the structure, of its furnishings, its appurtenances and its ancillary services. An example could be the breaking of a glass beaker, of a small sign on the frames or on the walls.
Please note that if the booking have been completed with HiSicily, on behalf of the customer, the company will act as a booking agent of the customer.
For the services of additional nature, foreseen by the Terms and Conditions, your contract will exist directly with suppliers of those services.
The customer can make a reservation by calling the numbers indicated on the website www.hisicily.com directly, or, by filling out and sending the form (booking form) available on the same website.
In both cases, the booking request is considered complete if the following conditions are met:
– It must be provided, for each customer who is older than 18 years, the demographic personal data, the residence / the domicile address, the fiscal code, the number of a valid identification card (i.e. identity card, passport , valid email address, phone number, mobile number).
– The customer must indicate the mode of payment chosen within those foreseen and permitted by these terms and conditions.
– The Customer must authorize the personal data to be processed by HiSicily
– The Customer must declare to have viewed and accepted in full the present “Terms and conditions” and all www.hisicily.com website contents.
If such additional conditions are not fulfilled, the reservation cannot be considered complete.
Once the customer’s booking request has been received plus every element is completed, HiSicily, will check the availability of the structure selected by the Customer for the desired period as soon as possible.
Once the outcome of this review is positive, HiSicily will inform the customer via e-mail, at the address of the customer, that has been provided during the booking process, plus the structure availability during the selected period, providing the payment instructions of the disbursments and attaching a document containing synthetics info concerning the booking (structure, period, additional services … ).
The customer is kindly requested to carefully check this documentation as soon as it is received, furthermore it is required that he shall inform HiSicily in writing if some information contained in the documentation, or in the invoice of the payment is incorrect or incomplete, since later on it will not be possible to correct it, change it or integrate it. HiSicily will not be held responsible if it is not adequately informed or warned within 10 days after confirmation dispatch of the booking, and will not be held responsible of any inaccuracies, omissions in the above documents.
CONFIRMATION OF THE BOOKING AND PAYMENT DEADLINES
If the booking takes place at least 60 days in advance of the arrival date, once notified by HiSicily the availability of the structure, the customer is obliged to pay in advance the 30% of the entire cost of the booking not later than 3 days after receiving the communication of the availability of the structure.
Once the payment of the above deposit is done, HiSicily will send to the customer via e-mail, the formal confirmation of the booking, the formal confirmation of the advanced payment, and will issue the final invoice for the payment of the remaining 70%.
The last payment must be made within 60 days prior to the arrival, if not the reservation will be cancelled without a refund of the deposit.
If the booking takes place 60 days prior to the arrival date, once availability of the structure is communicated, to guarantee this, the customer must pay the entire amount of the booking within 3 days by the point it receives communication concerning the structure availability, if not the reservation will be cancelled.
Once payment has been completed, HiSicily will send via e-mail, to the customer a formal confirmation of payment and will issue receipt of the integral payment.
All financial transactions relating to holidays booked on the website www.hisicily.com are managed by PayPal, our supplier of services payment.
FORMATION OF THE CONTRACT
A binding contract between the Customer and HiSicily exists when the following conditions happen:
– HiSiciliy receives the booking request entirety filled out;
– Payment of the remaining balance within the 60 days prior to arrival in case of booking is made more than 60 days prior arrival date.
– Payment of the full amount of the booking of the reservation is done prior to 60 days of arrival.
Hi-PASSPORT and Hi-VOUCHER
About 10 days prior the arrival date, HiSicily, will send by email the so-called ” Hi-Passport “. Within it is present the “HiVoucher”. The Customer is obliged to bring a printed version of these with him on arrival since a copy shall be delivered to the property manager.
It can often happen that customers have special needs or needs related to their physical conditions (for example, health problems, particular allergies, disabilities, reduced mobility, etc) which have to be met adequately so that the period of stay in structure booked may be spent with serenity. As far as HiSicily will try to take into consideration, with attention, similar requirements, but cannot always be guaranteed.
In any case, the customer is obliged to inform HiSicily about these needs during the booking of the selected structure or, if such needs, arise subsequently, must inform HiSicily as soon as possible. If customers do not provide any info concerning above needs, the responsibility for the reduced enjoyment of the stay at the selected structure will not be the responsibility of HiSicily.
The failure of any special request, made by HiSicily, will not constitute a violation of the contract by the company.
The fact that this special request is mentioned in the HiVoucher, or during the booking confirmation does not mean that this request will be certainly satisfied.
In order to be sure that the request will be certainly fulfilled, it has to occur that HiSicily provides a written confirmation.
HiSicily will not consider acceptable any reservations subject to the condition of integral satisfaction and/or partial satisfaction of the claims referred to in this article. They will be considered and managed like any other reservation.
CHECK-IN & CHECK-OUT
When the customer arrives at the selected structure he will be welcomed by property manager. They will help the customer to settle in and will respond to any questions about the structure and the nearby sites of interest.
In the booked structure the Customer must arrive on the day agreed, not prior to 16:00. The Customer must give notice of its arrival to the property manager.
The Customer must show its own Hi-Voucher on arrival
The structure, on check-out day must be left from 10:00 AM in the presence of the property manager.
If the customer wishes to change the check-in or check-out time, he must give written notice to HiSicily and obtain from the written confirmation that the change has been agreed.
If during the journey to the structure, the customer shall experience an unexpected delay or distractions (air traffic problems and/or traffic on the road) the customer is bound to inform the property manager as soon as possible.
If the arrival time has to be reformulated due to an unexpected glitch of the property manager, HiSicily will cooperate with the customer to plan a new arrival time. If the delivery of the keys to the structure does not occur at the customer arrival time, HiSicily will ensure that these can be delivered immediately the following day.
prices on the website www.hisicily.com are indicated in Euro.
BOOKING CHANGE /CANCELLATION BY THE CUSTOMER
I)Once the contract is agreed, the customer is obliged to communicate as soon as possible at HiSicily in writing his will to change and/or cancel its reservation. Despite its best efforts, HiSicily cannot guarantee the certain satisfaction.
(II) As well as 1) the customer has the chance to change the structure originally booked by replacing it with another, to the following conditions :
– availability of the selected structure alternatively
– compatibility with the standards set for the new structure (children yes/no, animals, etc)
– payment of a fee equal to euro 30,00 and economic adjustment of the booking fee dependent on the modification of the terms of the original reservation in the case where a structure of lesser prestige it steps to another of greater prestige.
III)On the other hand, if the Customer wishes to only increase the number of subjects that will benefit the selected structure, this can only happen under the following conditions:
– the structure is to be able to allow the housing of the extra number of customers,
– the latter must meet the standards provided for the structure
– the latter must declare that they have read and understood the terms and conditions.
IV)If the customer has intention to transfer the (wants to transfer the) reservation to a third party not contemplated in the original booking, the transfer may take place only under the following conditions :
– prior written notice to HiSicily,
– consent expressed in writing by the latter,
– compatibility of the third proposal for the transfer of the reservation with the standards established for the selected structure,
– statement by the third to have taken vision of the terms and conditions.
If HiSicily considers, on the basis of reasonable arguments, that the person or people proposals by the customer are not in possession of the above requirements, it reserves the right to do not give the consent to the transfer.
In this case (in the event that the above mentioned requirements are not met), if the customer still intends go on with the reservation, the same will be considered by HiSicily as cancelled by the customer himself, with a consequent charge of the latter of the related cancellation penalties referred to in this specification.
V) If the customer wishes to cancel the reservation, once filled out, the subject indicated as the “contact person for the reservation” for the booking must immediately notify HiSicily by written notification and send it to our Office by e-mail. The notice of cancellation will be sent and received only during working hours (can you see Business hours in “contact” page), not prior and not later than the opening and closing of our Offices, as well as during working days, excluding holidays in general, holidays, Saturdays and Sundays.
In the event of cancellation by the customer, for whatever reason, the Customer will be entitled to the refund of amounts paid, without prejudice to the right of HiSicily to retain, by way of penalty, a percentage to be determined on the final invoice paid, based on the amount of days between the notice of cancellation and the beginning of the holiday. In particular:
Date on which reaches notice of cancellation / Percentage of penalties
60 Days or more prior to arrival date / 30%
40-59 Days or more prior to the arrival date / 50%
30-39 Days or more prior to the arrival date / 70%
0-29 Days or more prior to the arrival date / 100%
MODIFICATIONS / CANCELLATION OF BOOKING BY HISICILY
HiSicily may occasionally be required to make changes, corrections to data , correct errors and / or edit details which are more or less relevant in brochures or on the website before, during or after the conclusion of the contract.
HiSicily will always try to prevent such situations though when they do occur, the changes that may occur can be defined as both “changes which are secondary in character” and “changes which are primary in character”.
“Changes which are primary in character” are any changes, adjustments, corrections, which substantially change or replace the structure originally chosen with that of an inferior level, any radical change in the geographic location, a change of accessories used to provide the services, or where there are no other rooms available that can serve as an equivalent alternative to the structure originally selected.
Any changes which are not considered “changes primary in character”, will be considered “changes secondary in character”.
If HiSicily is forced to act upon a major change, or is required to cancel the booking, they will inform the Customer as soon as possible. If there is a sufficient amount of time before the Customer is due to arrive, HiSicily will offer to him the following options:
– Accept the terms of the reservation along with the changes,
– Book another alternative option, location service, accessories and services necessary for the booking originally booked if available,
– Accept or reject the cancellation. In the case of rejection, the customer will receive a full refund of the amount spent on the reservation up to that point.
It is emphasized that none of the three options set out above can be made by the customer in the event that the changes that must take place are secondary in character .
In case HiSicily is forced to act upon a change which is primary in nature, or to cancel the reservation less than 60 days prior to arrival of the client, HiSicily will in addition to giving a refund of the amount paid, also give the following additional compensation to all who are at least 16 years of age and officially listed on the booking:
Days before arrival / Compensation paid per person
from 29 days to 59 days / € 15.00
from 14 days to 28 days / € 30.00
from 13 days to 0 days / € 45.00
In any case, the responsibility of HiSicily for changes and cancellations considered primary in character, is limited to the payment of the above compensation. No compensation will be paid for changes which are secondary in character or for changes / cancellations made outside of the above time limits (above and beyond the refund of the amount actually paid by the customer).
Unless it is expressly stated in these “terms and conditions “, HiSicily cannot be held responsible nor may it be required to pay any compensation for failure, inaccurate, delayed or partial fulfillment of contractual obligations caused by reasons force majeure.
Reasons caused by force majeure refer to any event or circumstance that HiSicily had no way of being able to anticipate and / or avoid.
Such events may include, by way of example but not limited to: war, riot, civil war, insurrection, terrorist activity, industrial disputes, natural disasters, nuclear disasters, adverse weather conditions, fire, flood, epidemic, slow or congested airport services, the closure of airspace, and other similar events or circumstances which are out of the Company’s direct control .
In order to enjoy a pleasant and carefree stay, HiSicily invites every customer to take all appropriate safeguards before booking, stipulating a specific global insurance policy.
HiSicily itself cannot currently offer this type of insurance coverage to its customers.
This policy should cover any medical expenses for illnesses, accidents and / or incidents of various kinds, the expenses for repatriation in case of serious illness or accident and other events such as loss, theft, damage to personal property, cancellation fees or damage suffered by the work of others.
The policy should also cover the amount of money that the customer may be legally required to pay because of “major damage”, whether they are volunteers and / or incidental damages, suffered by the host during the course of the holiday, the structure, its furnishings, its appurtenances and its services.
Hi Sicily will not check whether the Customer or the Customers named in the booking have an effective insurance policy, however in any case, HiSicily reserve the right to approve or reject any agreement.
HiSicily will deliver facilities equipped with every comfort and anything else that could be required for a pleasant and comfortable stay for customers.
The customer is required to pay a deposit upon arrival at the booked accommodation . The amount of the deposit may vary depending on the chosen structure and is listed on the web page for each property.
This deposit will not be required, if the customer proves they have entered into and are in possession of an appropriate insurance policy to cover similar types of damage. In this case, a copy of such policy shall be delivered to the property manager upon arrival.
The deposit will only be used to pay the expenses necessary to repair “major damage”, or damage caused intentionally and / or damage caused by accidents which go beyond the mere wear and tear caused by everyday use of the structure, its furnishings, its appurtenances its services and accessories and that can be damaged by improper use or lack of attentiveness applied by the customer / s during their period of stay. An example of such damage could be breaking a window.
The payment of the deposit can be made in Euros, by check or in cash. The customer must pay the deposit to the property manager in person. If the customer fails to pay the deposit upon arrival, then they will not be allowed to enter the facility.
On the day of checking out, following a review carried out by the property manager, if no damage has been made to the structure, the deposit will be refunded in full.
Please note that the deposit will not be used to repair damage which is considered to be “Minor damage”, or damage that is mild in intensity and which may inevitably occur as a result of normal everyday use of the structure, its furnishings, its appurtenances and its services. An example of this type of damage would be breaking a drinking glass, damaging a small sign on the window frames or walls, etc.
In the event that during the customer’s stay more damage occurs and the repairs require a greater outlay of money than is contained in the deposit, then in the absence of an insurance policy being in place that will cover that cost, the customer is required to agree terms with the property manager which will enable reparation costs to be covered (cost , payment terms etc) .
In agreeing to these terms and conditions, each customer assumes the responsibility to behave in a responsible manner appropriate to the structure booked.
HiSicily reserves the right to require the immediate availability of the structure where it is clear, even if it only one customer in a group of customers who have behaved in a way which is considered to be incompatible and / or inappropriate, such as: illegal drug use, the performance of any other activities recognized as illegal and / or criminal, housing an additional number of people without having sent an official request to HiSicily, allowing animals onto the premises without having officially made a request in writing to HiSicily.
In order to offer the customer a pleasant and enjoyable holiday, HiSicily will offer different types of services supplementary in nature which the customer can enjoy during their stay.
These services are accessible if requested at the time of booking, the confirmation of which is still subject to availability, and may be various in nature, such as, but not limited to : hire of vehicles, motorcycles, vessels, helicopters, with or without drivers, various equipment, courses and private lessons, guided tours etc.
With the completion and formalization of the contract, the Customer acknowledges that the additional services referred to in this Article, shall be organized and taken care of directly by individuals and / or legal entities who are independent to HiSicily for which the Company operates exclusively as a promoter in nature.
Although we always try to keep the list and descriptions of individual supplementary services provided by the supplier of the specific service for which the customer is concerned up to date, we may amend the terms or even suspend the supply or delete it if it considers that specific risks may arise from a safety point of view, and for the convenience of the customer. Some excursions and / or activities, for example, may contain a high level of intrinsic risk or require the possession of specific physical requirements that you will need to contact the vendor about before making the booking or purchase of the service to get the information required. In this respect, if the customer wishes to purchase extras they will also be required to purchase adequate insurance coverage.
Where there is an independent service provider involved, the contract for the provision of the requested supplementary service, is a matter to be agreed between the customer and the service provider only, and only the customer and the supplier will be subject to the terms and conditions agreed. No part of that contract will constitute part of the contract signed regarding the booking of a holiday with HiSicily .
Any complaint or claim concerning the use of the additional service, the manner of its delivery, the damage suffered by the Customer during the contractual relationship is to be exclusively directed against that same service provider.
HiSicily will do everything possible to assist the customer in its relationship with the supplier, however its activities will be limited solely with regard to the additional services booked and only in the property that was chosen by the Customer, and cannot therefore extend to the damage sustained as a consequence of the service provider, total or partial use of the service, the specific mode of delivery chosen by the supplier and its officers, employees, operators, agents, in each case, as well as by its actions, omissions, carelessness and inattention.
It is possible that during the stay the customer consumes an amount of electricity, water, gas or use of services outside of those offered by room service or other services such a babysitter or waiter etc which is considered superior to that which an ordinary person would use. Superior consumption of services includes, electricity, gas and water consumption which is considered higher than that which an ordinary person would consume.
In the event that such circumstances occur, the Customer shall make payment directly to the property manager. HiSicily cannot be held liable for any dissatisfaction, problems or losses associated with such extra costs.
RESPONSIBILITY FOR HI-SICILY
With regard to the definition of the relationships and responsibilities possibly arising from the use of the services which are supplementary in nature , see the related article of these terms and conditions.
Each structure and each individual owner, so as to allow them to be inserted into the HiSicily circuit, must meet the highest standards of quality and comfort so that the customer can enjoy a pleasant and comfortable stay. In this regard, when each structure is inserted in the circuit, it is equipped with a special certificate from the Ns . team of quality control and comfort.
HiSicily cannot be held responsible for events such as accidents, illness, death, loss, damage and associated damages which do not occur during the holiday and which are not directly attributable to the non-fulfillment by HiSicily of their duties of care and diligence in the selection of structures and their respective owners.
HiSicily cannot be held responsible for any acts, omissions, carelessness, inattention by the owner of any structure, suppliers, their representatives, attorneys, employees, agents, suppliers or subcontractors or for any actions taken by those who, following the discovery of the requirements of quality and comfort, may directly or indirectly result in a failure, total or partial enjoyment of the holiday in general and / or structure and / or an additional service booked in particular and in general result in a loss to the customer.
In the event that the customer remains dissatisfied with the conduct of an owner of the property they must revert to Article . (complaints and grievances )
HiSicily cannot be held responsible for adverse events caused by:
– The behavior of the same customer or other customers,
– Third parties in general,
– Third parties that are not directly connected to HiSicily officially for reasons of a commercial nature or service
– Events or circumstances that HiSicily itself, the owner, supplier or business partner concerned could not have foreseen and / or prevented by using ordinary diligence
– From events or circumstances that, although they were taken into consideration by HiSicily itself, by the owner, supplier or business partner concerned, occurred even though all the necessary precautions were taken
HiSicily cannot assume any liability for failure to use either totally or partially the additional services that are available to be used in conjunction with the booking. As already stated, the relationship between the customer and the provider of the supplementary service is external to the contractual relationship between the Customer and HiSicily .
Similarly, HiSicily cannot assume any responsibility for any type of service that is not part of the contract between the Customer and the Company and which has not been expressly agreed as being part of the same.
Some properties are equipped with exclusive facilities and are accessible only by the customer who has booked the hotel. In most cases, it is swimming pools.
By making a reservation of a property with a swimming pool, the customer is required to ensure that the use of such facility will be carried out in a careful and scrupulous manner and adopting, if appropriate, all necessary precautions to prevent damaging events. By way of example, anyone using the facility must be aware of the depth of it, shall be forbidden to run around the edges and will be required to read the warning signs and those with instructions for the security carefully. The customer must ensure that no one enters or goes into the pool under the influence of alcohol or drugs or any substance that may alter their perception and, in general, their sensory functions.
Upon completion of the contract, the customer undertakes to check the pool before and promises to report any and all problems discovered immediately. Similarly, in the event that the reservation covering individuals aged less than 18 years, the customer is required to make is that they are closely monitored at all times while in the pool.
HiSicily cannot be held responsible for damage, injury, or death resulting from the use of the swimming pool from activities directly and / or indirectly related .
COMPLAINTS AND ISSUES RAISED DURING THE STAY
In the unlikely event that a Customer may have a reason to complain about the holiday in the selected hotel, HiSicily and the property manager must be promptly notified in writing of the situation so that they can remedy the problem.
For this reason, it is not possible to take into consideration complaints or problems recounted verbally.
Most of the problems that occur will be remedied quickly and promptly.
If the customer remains dissatisfied with the holiday in the selected hotel through HiSicily, he should write to the company no later than the end of the stay at the property booked, describing the problems encountered during the stay and providing all the information necessary to identify the reservation.
Any complaint submitted in the absence of the above conditions, shall not be taken into account.
With regard to the reservation and use of the so-called additional services, HiSicily operates solely as agent for the supplier of the service from time to time selected by the customer and, therefore, cannot accept any responsibility. Any assistance will be given in this regard to the resolution of problems related to the reservation and use of such services is provided simply for reasons of courtesy to the customer.
It is agreed that jurisdiction is solely and exclusively subject to English Law (and no other) which is to apply to the contract and any dispute, matter of any kind that could arise from it , except as indicated below. Also it is agreed that any complaints must be referred to the knowledge and competence of the Courts of England and Wales, unless, in the case of legal proceedings, you live in Scotland or Northern Ireland. In the latter case, the process must start at the courts and conduct of their own country or those of England and Wales.
(HiSicily – All right reserved)