Terms and Conditions
The following Terms & Conditions form the basis of your contract with Sicily That’s Amore Sàrl. Please read them carefully as they set out our respective rights and obligations. They form an integral part of the respective individual contract. These Terms and Conditions are legally effective for contracts closed over the Internet as well.
1. Conclusion of contract / Booking
Bookings can be made through internet, via e-mail or in person. Through the reservation, the client accepts these terms and conditions as binding. The contract is effective once the tour / the activity is confirmed by Sicily That’s Amore Sàrl. The contract is between Sicily That’s Amore Sàrl and the client, being all persons named on the booking as travelling or intending to travel with Sicily That’s Amore Sàrl. The person making the booking (which is subject to these terms) warrants that he or she has full authority to do so on behalf of all persons named, and confirms that all such persons are fully aware of and accept these conditions. The client agrees to book his/her own flights. Sicily That’s Amore Sàrl is not responsible for administrating flight bookings.
2. Rates and conditions of payment
The tour / activity rates can be seen from the effective price lists on internet or confirmation of order. The published rates can be amended as per section 3.
The tour rate has to be paid in advance :
- 30% at the time of the confirmation. If the payment is not made on time, the tour organisor can refuse to provide the services and claim the cancellation costs.
- the remaining amount due 45 days prior to departure. If the payment is not made on time, the tour organisor can refuse to provide the services and claim the cancellation costs.
- There is a 50 Euro handling fee per registration dossier.
The daily activity rate has to be paid fully in advance.
3. Amendments of rates or services
We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in brochure, website and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavor to avoid changes and cancellations, we must reserve the right to do so.
3.1 Amendments of rates
The tour operator reserves the right to amend the agreed tour price, in case exceptional circumstances occur. Such exceptional circumstances can be:
- Price amendments of transportation companies and hotels
- Newly introduced or higher taxes, charges or fees
- Exchange rates amendments
- Governmental imposed taxes or VAT
Amendments of rates in case of exceptional circumstances will be advised at least 3 weeks before tour starts. If the difference between the new and the initial rate is higher than 10%, the client has the right to either withdraw from the contract free of charge within 5 days after notice or to accept an alternative tour package at the same rate from the tour operator.
3.2 Amendments of services
While Sicily That’s Amore Sàrl will use its best endeavors to operate all tours as advertised, by entering into this contract the client accepts that it may prove necessary or advisable to vary or modify a tour itinerary or its contents due to prevailing local conditions.
Sicily That’s Amore Sàrl reserves the right at any time either before or during a tour to cancel or change any of the facilities, routes, services or prices described in the brochure (including transport, accommodation or other arrangements) and to substitute alternative arrangements of comparable monetary value without compensation and accepts no liability for loss of enjoyment as a result of these changes. Due to the traveller numbers on a specific tour, Sicily That’s Amore Sàrl reserves the absolute right to change the type or style of transportation or other elements, to enable the tour to operate.
3.3 Major change
If a major change becomes necessary, Sicily That’s Amore Sàrl will inform the client as soon as reasonably possible if there is time before departure. The definition of a major change will depend on the individual tours and circumstances and is at the sole discretion of Sicily That’s Amore Sàrl. When a major change is made the client will have the choice of accepting the change of arrangement, or within 7 days after notification of the change purchasing another available tour or cancelling the tour and obtaining a full refund, provided that the major change is not because of force majeure.
3.4 Force Majeure
Force majeure is war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical or maintenance problems with local transport or Sicily That’s Amore Sàrl vehicles, or other similar events beyond the control of Sicily That’s Amore Sàrl. Sicily That’s Amore Sàrl is not liable for any penalty charges associated with non-refundable airfares, in the event of a change to a tour departure time, date or airport. All costs incurred due to force majeure, such as transport, communication, accommodation, food or other similar items will be passed to the client by way of local surcharges. Very rarely, we may be forced by “force majeure” (see clause 4.1) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
4. Cancellations through the tour operator
4.1 Cancellations due to force majeure
In case the execution of the tour is jeopardized, considerably hindered or impossible due to force majeure (see definition in 3.4) tours can be cancelled after evaluation through the tour operator. In this case, Sicily That’s Amore Sàrl will propose another tour of the same value. If you accept it, the payment already done will be credited to the new travel. If you do not accept the replacement tour, the price already paid will be reimbursed immediately. Further compensation claims are excluded.
4.2 Cancellations due to lack of participants
If the minimum of participants for regular tours (which varies from one tour to the other) is not reached, the tour operator reserves the right to cancel the tour at the latest 7 days before the date of departure. The payment already done will be credited to the new travel. If you do not accept the replacement tour, the price already paid will be reimbursed immediately. Further compensation claims are excluded.
5. Cancellations / Amendments by the client
We will do our best to assist you in altering your arrangements after booking, but cannot guarantee that this will be possible. Any changes to the original booking must be confirmed in writing by the lead customer and must be accompanied by charges as per the below indications in addition to the cost of any extra services required.
5.1 Day and Half-Day Tours/Activities
- Up to 7 days before the day and half-day activity start, they can be amended or cancelled free of charge.
- For cancellations less than 7 days before the tour start, as well as for no-shows, the full tour rate will be charged.
- These terms of cancellations or amendments are also valid for bookings made less than 7 days before day / half-day tour start.
5.2 Thematic Tours and Taylor-made Tours
All cancellations must be made in writing (incl. e-mail). The tour operator will issue an annulation confirmation.
- For amendments or rescheduling after confirmation, the tour operator will charge a fee of Euro 50.00 per amendment for administration fee.
- For full or partial cancellations after confirmation, the following cancellation charges apply:
Your deposit is non-refundable.
- 45 days or more before the tour departure day: full deposit is forfeited
- 44-30 days before the tour departure day: 60% of total cost is forfeited
- 29 days or less before the tour departure day: 100% of total cost is forfeited
The administrative costs are usually not covered by the cancellation insurance.
5.3 Early departure
If you must interrupt your tour for any reason, the price of the tour will not be reimbursed. The services not yet used might be reimbursed provided that Sicily That’s Amore Sàrl hadn’t paid them yet. In case of emergency (sickness or accident of the client, of the client’s travel companions, important sickness of death of close family), Sicily That’s Amore Sàrl will help as much as it can in organising your return home. We recommend that you check on the policy of your cancellation and repatriation insurance.
6. YOUR OBLIGATIONS TO US You must:
6.1 Arrive at stated time and place of arrival
We accept no liability whatsoever to you for your failure to do so. The client undertakes to follow the instructions of the tour guide regarding the itinerary and the continuation of the tour. If these instructions are not followed and the client is not present at the scheduled time of departure, the tour operator reserves the right to exclude the client from the tour after a wait of 10 minutes and continue the tour without him. In this case, the client has no right for a refund of the tour price and has to pay for any additional costs (e.g. transport back to the starting point) himself.
6.2 Take out adequate travel insurance to cover the cost of strikes, natural disaster (flooding, storm, fire etc.), cancellation of the holiday by you or the cost of assistance, including repatriation in the event of you suffering an accident or illness, etc. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
6.3 Behave in a reasonable and responsible manner towards any other person you meet in the course of your travel arrangements. We reserve the right to cancel forthwith your holiday arrangements in the event that you fail so to behave and we will not be liable for any loss or damage that you may suffer as a result (including any onward or return travel arrangements).
6.4 Terms of participation
The client undertakes to inform the tour operator of acute and serious health problems. It is not allowed to join a tour under drug and/or excessive alcohol influence.
In case the terms and conditions are not met by a client or a client did not follow the instructions, the tour operator reserves the right to exclude the client from the tour. The client has no right for a refund of the tour price.
If a client is excluded from the tour as above or chooses to leave the tour of their own free will or leaves the tour due to ill health or any other reason there will be no refund of the tour price, extra services, surcharges, local payments/funds or any local surcharges. All services forming part of the whole package booked will be forfeited though may be recovered through travel insurance in some circumstances.
7. Optional Activities
Outside of the organised tour, it is also possible to enroll in other activities or excursions (see “optional activities” in our thematic tours page). These activities might have a higher danger level, in particular sky-diving. These activities are under your sole responsibility. As far as the excursions and activities organised by Sicily That’s Amore Sàrl, the present terms and conditions apply.
8. Visas and vaccines.
Regarding the legal entry requirements for Swiss or other nationalities, you must enquire at the relevant authorities. You are personally responsible to obtain visas or other travel document. You are personally responsible to follow all entry requirements, health (vaccines etc) and currency. Please check before departure that you have all necessary documents.
If the client has a complaint about any of the tour arrangements the client must bring it to the attention of the tour leader or other representative of Sicily That’s Amore Sàrl at the time so that they may use their best endeavors to rectify the situation. It is only if Sicily That’s Amore Sàrl is made aware of any problems that there will be the opportunity to put things right. Failure to complain on the spot will result in the client’s ability to claim compensation from Sicily That’s Amore Sàrl be extinguished or at least reduced. Should the problem remain unsolved a complaint must be made in writing to Sicily That’s Amore Sàrl within 7 days of the completion of the tour or all claims for compensation will be forfeited.
As set out in these booking conditions we limit the maximum amount we may have to pay you for any claims you may make against us. For all claims which do not involve death or personal injury or loss of or damage to luggage or personal possessions (including money), if we are found liable to you on any basis the maximum amount we will have to reimburse to you is the value of the contracted but not provided services or the additional expenditure, and only if the tour operator was not able to provide a suitable replacement service on the spot.
The tour operator is liable for damages, except for personal injury, in maximum to the extent of twice the tour price, unless the tour operator has acted in wilful misconduct or gross negligence, or except in cases listed in 10.3. When making any payment, we are entitled to deduct any money that you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
10.2 Disclaimer of liability
The tour operator is not liable for non-fulfilment of contractual obligations that are due to the negligence or breach of contract by clients, force majeure, changes in the program due to the fact that the schedules of railroad-, bus, ship or transport companies, etc. have not been met. In this case, Sicily That’s Amore Sàrl will not be liable to any reimbursement or penalty fees.
10.3 Personal property
The tour operator will not accept any liability for loss of personal effects, cash, valuables, bikes, cameras, phones etc., theft, damage or misuse of checks and credit cards.
11. Lost property
If you have lost an item during your holiday, you must report it to Sicily That’s Amore Sàrl within 7 days of the end of the tour. We will try to help find the item and if found, we will post it to you. You will be charged the cost of postage. Sicily That’s Amore Sàrl accepts no liability towards your lost property. Sicily That’s Amore Sàrl takes no responsibility for any loss or damage to your luggage while on our vehicles or public transport.
All image rights belong to Sicily That’s Amore Sàrl. The use without a special permission by Sicily That’s Amore Sàrl is strictly prohibited.
13. Applicable law and place of jurisdiction
The legal relationship between the client and the tour operator is Swiss law. For claims against the tour operator the exclusive jurisdiction of the courts of the city of Geneva, Switzerland is agreed.
Meinier, Switzerland, December 2015