Terms and Conditions

These Booking Conditions together with the information contained in Siciliangems.com  website form the basis of your contract with Sicilian Gems Ltd (“we”, “us” and “our”)  whose registered office is at  23 Canford Close, Great Baddow, Chelmsford, CM2 9RG. (Please direct all correspondence via email to siciliangems@hotmail.com ). Please read them carefully as they set out our respective rights and obligations.   Save where otherwise stated, all bookings are subject to these Booking Conditions.
 
Please note, when booking apartments through us we act in our capacity as booking agent only.  Your contract will be directly with the property owner.  For all other service bookings, your contract will be directly with us.
 
1. Making an Accommodation Booking.

You can make a booking by completing a booking confirmation form online at our website. For all bookings, the party leader must be at least 21 (unless agreed in advance with us) and must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking.    The party leader is responsible for making all payments due to us. The Party Leader will be sent all correspondence.
Once we have received your completed booking form and the deposit (see clause 3 below), we will confirm your holiday by issuing a confirmation email. This email will be sent to the party leader.  Please check this email carefully as soon as you receive it.  Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later.  We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within ten days of our sending it out.
 
2. The cost of your accommodation and services. 

Prices on our website are quotes in Euros. You however pay in Pounds Sterling into our account. When you pay in pounds sterling, the price you pay will be the price we agree with you when you book and subsequently confirm on the confirmation email. This price will be calculated using the exchange rate indicated on our website at that time.
We reserve the right to increase or decrease prices at any time before confirmation at the time of booking. If any error occurs we will once identified endeavour to correct as soon as practicable.

3.  Payments due.

In order to confirm your chosen property or any other services, the deposit detailed on the property information web page must be paid at the time of booking.  For all bookings you must pay us the deposit and pay the balance on arrival in euros along with any damage deposits required by the property owner.  These if required will be detailed on the website and on the confirmation email.
Damage deposit will be returned on departure from the property.
We only normally accept payments via bank transfers to our designated company account, if you require an alternative payment method please contact us and we will endeavour to arrange an alternative.

The balance of the cost of your booking must be paid to the property owner on arrival at the property in euros. If for any reason you cancel a confirmed booking less than 6 weeks prior to the arrival date we reserve the right to retain part or all of your deposit if the property cannot be re let.
 
4. Your contract

We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply). 
 
 
5. Changes by you

Should you wish to make any changes to your confirmed booking, you must notify us in writing by email as soon as possible.  Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests.  Where we or any of our suppliers or property owners incur costs due to your change, we reserve the right to charge these costs. If you wish to increase your party size this will only be possible if the property you have chosen can accommodate additional persons.   Changes in party size will not result in a reduction of the cost of the property as they are rented out.

If you wish to transfer your booking to someone else, the transfer must be to a person or persons who agree to our terms and conditions and who meet the requirements of the property in question.  If in our reasonable opinion the person or persons to whom you wish to transfer the booking is not suitable for the property in question we reserve the right to refuse to make the transfer.  If these requirements are not met, your booking will be treated as cancelled by you and you will have to pay our normal cancellation charges.  
 
6. Cancellation by you

Should you need to cancel your booking after confirmation, the party leader must immediately advise us in writing by email.  Your notice of cancellation will only be effective on its confirmed receipt by us.  As we incur costs from the time we confirm your booking and may be unable to re-sell your holiday, we will retain your deposit as stated above in item 2.
 
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy.  Claims must be made directly to the insurance company concerned. 

Excursion booking conditions:

All our excursions in Sicily are organised by Siciliangems and run by local companies.
This means in effect that Siciliangems book and pay for all transportation and appointments in advance of your holiday.
Most excursions are payable locally in resort in euros, however once reserved on the booking confirmation you are committed to the tour and it is only possible to cancel within 48 hours of excursion departure, with good reason.
If you fail to attend on the day of excursion the monies owing for this trip will either be paid directly to Siciliangems or will be held back from any damage deposits on the properties where you are residing. 

 
7.  Insurance

It is a condition of booking that you take out adequate travel insurance.  As a minimum this should include cover for medical expenses, personal accident and repatriation in the event of illness or accident, loss or damage to/of personal possessions or money, cancellation charges and third party liability cover.  Your acceptance of these conditions will be treated as confirmation that every member of your party has such insurance.  We reserve the right to ask for further evidence that you have purchased comprehensive insurance cover.
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 adequate for your particular needs. 
 
8.  If there is a change to your booking we will pass on the new details to you.  As agent only for the property owner we cannot accept any liability for any changes or cancellations made to these bookings.
 
9. Force Majeure
 
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of "force majeure".  In these booking conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
 
10. Our Liability
 
In respect of bookings we act only as an agent for the property supplier concerned.  Your contract for your accommodation is directly with the property supplier concerned.  We accept no liability in relation to the accommodation itself or for the acts or omissions of the property supplier concerned or any of its employees, agents, suppliers or subcontractors.  The terms and conditions of the property supplier will apply to your contract.  However, in the event that we are found liable on any basis whatsoever our maximum liability to you is limited to twice the cost of the booking in question.  We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
 
11. Complaints and problems

In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our representative (if available) and the property owner or manager / supplier of the service(s) in question. Any verbal notification must be put in writing, and given to our representative and the property owner or manager / supplier as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly.  If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint. We regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.  
For bookings, we act only as agent for the property supplier   concerned and therefore cannot accept any liability for your accommodation. Any assistance provided in resolving a complaint in relation to a booking is provided on a goodwill basis and in our capacity as agent.
 
12. Behaviour
 
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party.  Full payment for any such damage or loss must be paid direct at the time to the property owner or manager or other supplier.  If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.  We on behalf of the property owner reserve the right to retain security deposit supplied by you as required by each property owner in respect of the cost of any damage or bills incurred by you. Should the bills or damages exceed the total amount of the security deposit, we reserve the right to pursue you to the full extent of any claim made against us. You agree to reimburse us in full for all losses, damages or expenses (including legal expenses) we incur as a result of or arising out of any such claim, and also the costs of pursuing you. We and/ or the property supplier also reserve the right to pursue you for the cost of any damage or unpaid bills not covered by security deposit.
We expect all clients to have consideration for other people.  If in our reasonable opinion or in the reasonable opinion of any other person in authority (for example a property supplier), you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned.  In this situation, the person(s) concerned will be required to leave the accommodation or other service.  We will have no further responsibility toward such person(s).  No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.  Please note animals and/or pets are not allowed on the holidays and/or at the properties we feature without prior written permission from us.
We and/or the owner/other supplier of the property concerned reserve the right to terminate your stay without notice if we or the owner/other supplier discover that the number of persons staying at the property exceeds the number stated on your confirmation invoice and you have not gained our or the owner’s/supplier’s prior written permission for this and/or paid any extra associated costs.  In this situation, no refunds will be made and we will have no further responsibility to you.
  
13. Special requests and medical problems

If you have any special request, you must advise us at the time of booking and clearly note it on your booking form. Although we will endeavour to pass any reasonable requests on to the relevant property owner or manager / other supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part.  We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request.  All such bookings will be treated as “standard” bookings subject to the above provisions on special requests. 
If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before you confirm your booking.  In any event, you must give us full details in writing at the time of booking.  If the property owner/manager or other supplier reasonably feels unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details. 
 
14. Passports, visas and health requirements

British citizens (including children and infants) require a full British passport for travel to Sicily.  A full British passport presently takes approximately 3 weeks to obtain.  Requirements may change and you must check the up to date position in good time before departure.  Information on health is contained in the Department of Health leaflet T6 (Health Advice for Travellers) available from your local Department of Health office and most Post Offices.  For European holidays you need a European health insurance card (EHIC). It replaces the old E111 form, which is no longer valid. Without the card, you may end up paying for some forms of emergency or ‘necessary’ care, which you would otherwise get free or at reduced prices. To obtain the card, pick up a form at your Post Office, call 0845 606 2030, or apply online at www.ehic.org
It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure.  All costs incurred in obtaining such documentation must be paid by you.  We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. 
If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel.  If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
 
15. Website Accuracy

Please note, the information and prices shown in our brochure/on our website may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of this information and prices at the time of printing, regrettably errors do occasionally occur.  You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
 
Please note the photographs in our website are intended to give a general overall impression of the standard of the properties we feature.  Some aspects of the property may have changed by the time you come to make your booking, for example, items of furniture may have been removed by the owner or the layout of gardens may have been changed.  We cannot accept any liability if this situation should arise.
The website is our sole responsibility. It is not issued on behalf of and does not commit any independent organisation/carriers whose services are featured in it.
 
16. Safety standards

Please note it is the requirements and standards in Italy which apply to your holiday arrangements and not those of the UK.  As a general rule, these requirements and standards may not meet the standards in the UK and may sometimes be lower.
 
17. Packages

Please note, we do not sell or offer for sale any “packages” or act as an “organiser” within the meaning of the Package Travel, Package Holidays and Package Tours Regulations 1992 and these Regulations do not apply to any booking you may make.