TERMS AND CONDITIONS
The Terms and Conditions contained herein, together with those specific to individual accommodation which the Customer has chosen to rent (as described on the website), comprise the contract between the Customer and the “Owner”, as Scent of Sicily (hereafter, SoS) acts as a booking agent on behalf of all the villas and apartments featured within the Scent of Sicily brochures and on the web site https://www.scent-of-sicily.com.
The contract will be between the Customer and the Property Owner. These Booking Conditions will apply to that contract.
SCOPE OF THE CONTRACT
- The Owner leases the property chosen on the website https://www.scent-of-sicily.com/ to the Customer exclusively for use by the Customer for tourism purposes only.
- Rules and obligations.
- The Customer agrees to use the property for residential use and exclusively for tourism purposes.
- The Customer is prohibited from subletting the property or granting use of the property to third parties, even on a temporary basis, under penalty of the termination of this contract.
- The Customer is obliged to look after the property with due diligence, providing general maintenance, agreeing not to make any modifications or transformations to the property and returning in the condition in which it was received it at the end of this contract, with allowances made for general wear and tear.
When the Customer makes a booking and pays the initial deposit, they confirm that they have the authority to accept, and are accepting, these Terms and Conditions on behalf of the booking party.
Booking conditions specifically related to a property can be included in the price section of each estate. If that is the case those specific conditions overrule the general conditions in case of discrepancies.
Scent of Sicily is a brand of ING Property s.r.l., company located in Marsala (TP), Italy – contrada Ettore Infersa 81/I – registered VAT n. IT02453450815
The customer can book through a phone call, e-mail, or online application on our website or on other websites that host our accommodations.
The customer makes the booking and is therefore obliged by contract and must be at least 18 years of age.
The booking is valid only upon receipt of a deposit equal to 30% of the amount.
The booking will be maintained, however, on hold for 3 days. At the expiration of which, in case of non-receipt of the deposit, it will be cancelled.
The full amount for bookings made is due 30 days before the beginning of the lease.
The price will be accepted and confirmed through payment. The Price is for the number of Guests confirmed, and it won’t change in case the numbers of the guests will decrease thereafter.
In the event that the payments were not made on a regular basis (both in the timing and amounts) SoS reserves the right to consider the booking cancelled by the customer himself and to withhold the deposit as compensation. The customer will receive written confirmation of payments made and the booking voucher.
2. Security Deposit
A security deposit, the amount of which is indicated in the booking voucher, must be paid upon arrival to the owner / manager of the accommodation.
The deposit will be refunded upon departure, less any damage or consumption (in excess of that agreed in the booking). Greater compensation for further damage is always legally valid.
3. Arrival / Departure
Upon arrival the customer needs to present the booking voucher and a valid ID (Identity Card, Passport).
The arrival time in the selected accommodation is established between the h. 16:00 to 20:00, Departure is established between h. 8:00 to 10:00. Changes can be agreed to the schedule above, subject to the express acceptance by SoS.
In the event of unforeseen delays the Customer must immediately notify SoS.
SoS reserves, in these cases, the right unilaterally to determine the new time of arrival and apply for reimbursement of any costs due to delays.
In the event that the customer is unable to occupy the accommodation for events of force majeure (eg. war, strikes, terrorist attacks, natural disasters and similar events) no refunds will be due to the customer.
For early departures, not attributable directly or indirectly to accommodations managed by SoS, no refund will be due.
4. Booking Changes and Cancellations
Any change of booking requested by the customer, either as booking period / duration / accommodation or replacement of himself with another customer is subject to the explicit approval of SoS.
SoS will try to satisfy the customer’s requests, provided they meet the contractual conditions.
SoS will charge the customer the extra costs related to the requested amendments, accepted by SoS, and the administrative costs will be € 30.
In the event that SoS has not been able to meet the demands of the customer, the latter will have the option to cancel the booking and will be charged therefore the related penalties for cancelling the booking (see clause 5 below).
5. Cancellation by the Customer
Any request for a cancellation by the customer has to be notified to SoS in writing and via e-mail.
The cancellation request must be notified to SoS during business hours. If the request is sent after the closing time it shall be deemed to have been received on the next working day.
The cancellation will lead to the following penalties that will be expressed as a percentage of the amount on the booking:
Date of the Cancellation’s Notification
|Up to 31 days||30%|
|30 – 16 days||50%|
|15 – 8 days||70%|
|7 – 0 days||100%|
6. Cancellation by SoS
In the event that the accommodation is not available, for reasons beyond the control of SoS, then SoS is committed to: 1. find an accommodation of equal or greater standard than the one originally booked; 2. compensate the customer, by way of a definitive compensation, according to the following scheme:
Date Booking Change
|Up to 31 days||€ 10|
|30 – 16 days||€ 20|
|15 – 8 days||€ 30|
|7 – 0 days||€ 40|
If the Customer does not accept the above proposal, SoS will reimburse the Customer the amount paid, and the latter will not be entitled to any additional compensation (excluding cancellations due to Force Majeure Events as stipulated in the following section).
7. Force Majeure (for bookings confirmed from 1st November 2020)
In the event that the cancellation, either by SoS or by the Customer, is due to reasons of force majeure, no refund or penalty shall be payable by SoS. This applies to unforeseeable and uncontrollable events (e.g. war, threat of war, civil unrest, riot, any labour dispute but not limited to strikes and industrial action, terrorist activity and its consequences or the threat of such activity, acts of God, natural or nuclear disaster, fire or explosion, chemical or biological disaster and adverse weather, sea, ice and river conditions, epidemics and pandemics, collapse of building structures or any similar events outside the control of SoS or the owner).
If a Force Majeure event results in an extension of the Customer’s stay, SoS will make every effort to allow the stay at the same facility at the pro-rata rate of the booking.
SoS shall not be in breach any of these booking conditions nor held responsible for any failure or delay in fulfilling its contractual obligations due to force majeure events.
If a Force Majeure event affects the Customer’s stay, they are recommended to contact their insurance company immediately to understand the coverage offered by their policy.
7.1 COVID-19 Policy
Prerequisite:In case the government (or state equivalent body) of Customer’s Country or accommodation’s
country advises not travelling, and the advice is still in place::
1. within (and not before) 30 days before the start of your booking;
2. and in the specific area in which is located the accommodation you booked
We offer you the option of moving the booking in the next 12 months:
1. at the same 2021 rates;
2. and possible adjustment due to seasonal rates or the number of different guests.
In cases not covered in the Prerequisite the general terms and conditions of booking apply.
8. Use of Facilities
The use of the structures present in the accommodation (eg. swimming pools, sports facilities, bathrooms or showers, and the like) must be done carefully and by observing ordinary caution. SoS disclaims any liability for any damage caused by the use of facilities.
9. Scent of Sicily’s Responsibilities
- The descriptions and property information appearing on our website have been written and verified by the Scent of Sicily (SoS) team. Some minor changes may occur in order to maintain the quality and comfort of the accommodation, including general maintenance and decoration. However, if major changes are made, we will do everything possible to inform the Customer as soon as we become aware of them.
- In some areas, there may be interruptions to water or electricity supplies, for which we cannot be held responsible as these are beyond our control.
- Works carried out outside the accommodation (roads, public works, building works in the neighbourhood, etc.). We do not control these works and do not always receive notice of when they will start or how long they will take. We take responsibility for informing the Customer as soon as possible if we believe that such works will affect their holiday. If we believe that the works will have a significant impact on the Customer’s holiday, we will do our best to offer them alternative accommodation of the same or higher standard, subject to availability
- We cannot be held responsible for any works outside the accommodation that may begin during the Customer’s stay. Even if it is beyond our control, we will do everything possible to prevent the works from happening during the Customer’s stay. If this is not possible, we will do our best to offer the Customer alternative accommodation of the same or higher standard, subject to availability.
- Services provided by external suppliers (e.g. taxi and car rental companies, flights, insurance, excursions, etc.) are not part of our service or the contract between us (Customer and Owner through SoS); The Customer’s contract will be with the specific service provider, not SoS, and we shall thus not be liable for any contractual claims.
- Personal injury and damage not related to booking the accommodation. In the event that the Customer, or any member of their party, suffers any injury or illness due to activities beyond the booking of the accommodation, we will offer advice, guidance and assistance at our discretion.
- Wildlife and the surrounding environment. Neither SoS nor the owner of the accommodation can be held responsible for the presence of animals or insects in the villa chosen by the Customer. Please note that most of our villas are located in rural areas and animals are a natural part of the surroundings, just like the grass and trees. It is not particularly unusual to encounter animals, such as rodents, goats, dogs or cats (whether stray or belonging to local residents), wasps, bees, mosquitoes, flies, ants, scorpions, reptiles or spiders. Insects and other animals can be attracted to swimming pools, water holes, local vegetation and food left out after an outdoor meal. We urge the Customer to keep doors and windows closed as much as possible and to clean up all food remains after meals (outdoors and indoors). The Customer is advised not to feed any animals as this encourages them to return, and the same animals may not be welcome for subsequent guests. Neither SoS nor the Owner of the accommodation can be held responsible for noise or disturbances that come from outside the accommodation or which are beyond their control. The Customer is advised to respect the surrounding environment and neighbours and not to make noise or cause disturbances that may annoy other people or wildlife during their stay.
10. Health and safety
- Swimming pools and hot tubs. Swimming pools and hot tubs, by their very nature, involve inherent risks. The Customer should ensure that all members of their party take the utmost care when using them. For example, they should make sure that everyone in their party is aware of the depth (including where the depth varies) and pool layout and physically inspect the pool prior to use. They should check the pool every day before use and report any apparent faults or problems. Whether the pool is fenced or not, children should be supervised by a responsible adult at all times. SoS and the Owner of the accommodation accept no responsibility for any personal injury, damage or death resulting from use of the pool or failure to comply with the usage instructions here.
- Surrounding land: Many of our properties are located on large plots which are often not fenced. As such, care should be taken when exploring them as there may be dangerous slopes, ravines or uneven terrain that pose a risk to safety. Children should be supervised at all times.
- Terraces: Many of our properties also have balconies and/or terraces which are often accessed via steep, narrow or irregular stairs, with the possible risk of falling or injury. These may not be suitable for people with limited mobility. The Customer is advised to take great care when using them and to ensure that children are never left unsupervised and cannot climb railings or walls. SoS and the Owner of the accommodation accept no responsibility for any personal injury, damage or death resulting from use of the terraces or failure to comply with the instructions contained in this contract.
11. Contract Termination / Damages
It is the Customer’s responsibility to ensure that they and their party conduct themselves in a correct and appropriate manner during their stay.
In the event of gross misconduct (including threatening behaviour or physical and verbal abuse towards our staff or the Owner), we reserve the right to terminate the holiday. In such circumstances, SoS shall have no further liability towards the Customer or the members of their party.
If the Customer, or a member of their party, causes any damage to the accommodation, property or any person, whether intentionally, recklessly or through negligence, SoS shall have the right to seek compensation for any damages or losses suffered (including legal fees) as a result of such behaviour.
Failure to compensate for any serious damage caused by the Customer or any member of their party may result in intervention by the local authorities.
The accommodation can only accommodate the number of people listed on the Booking Voucher. However, subject to agreement with SoS, it may be permitted to increase the number of occupants, although under no circumstances can this exceed the number of beds indicated by SoS on its advertising channels. SoS may refuse entry or may request vacation of the accommodation if the number of occupants exceeds the agreed number. If this occurs, SoS shall have no further liability towards the Customer or the members of their party
It is the Customer’s responsibility to ensure that the property is protected and secure at all times, including when the Customer leaves the property, spends time in the garden or swimming pool, as well as overnight. Securing the accommodation may include, as appropriate, closing doors, closing and securing windows and shutters, securing valuables in a safe and using the relevant security systems. Failure to comply with this requirement will mean that any loss of personal property or accommodation shall be the sole responsibility of the Customer.
In the unlikely event that there are grounds for complaint or problems during the Customer’s stay, the Customer must immediately inform SoS and the Owner/manager. Any notification should be made by text message or email to SoS (email@example.com) and the Owner/manager as soon as possible. If the Customer is still not satisfied after notifying us of any problem during their stay, they should write to SoS within 10 days of their check.our date, providing their booking reference and all the details of their complaint.
Any claim presented to SoS after 10 days following the end of their stay shall be considered void and no compensation will be due under any circumstances.
13. Contract Terms and Jurisdiction
The contract is subject to Italian law, and we will refer to the Italian law for any dispute or for any questions of interpretation. The Italian version of the contract will prevail, in any event, in case of any doubt with any interpretation.
Any claim or disputes shall answer only to the authority of the court of Marsala.