Responsibility and Liability Statement
COVID-19 Vaccination Status
For the safety and well-being of the other Participants, the Operator and its partners and suppliers, all Participants in the Tour must be fully vaccinated against COVID-19 as defined by the U.S. Center for Disease Control. Proof of vaccination will be required at the time of booking and Participants must bring to Italy documentation demonstrating proof of full vaccination or a negative COVID-19 test, as mandated by the Italian Ministry of Health.
Terms and Conditions | Disclaimer
Responsibility Clause –The Participant acknowledges that Experience Sicily LLC (“the Operator”) acts only as an agent for the various independent suppliers that provide hotel accommodations, transportation, sightseeing, activities, or other services in relation to the Tour itinerary. Such services are subject to the terms and conditions of those independent suppliers. the Operator, its respective employees, agents, representatives, and assigns accept no liability whatsoever for any injury, damage, loss, accident, delay, or any other incident that may result from the act, error, omission, defect, default or negligence of any company or person performing these services. The Operator accepts no responsibility and in no event will the Operator be liable or responsible for loss, injury, damages, or expenses to the person or property of a Participant, including, without limitation, any indirect, incidental, consequential, special or punitive damages. The limitation of liability of the Operator shall be regardless of cause or reason for any asserted loss of Participant, including for loss to Participant due to illness, weather, strikes, local laws, hostilities, wars, terrorist acts, acts of nature, or other such causes.
All services and accommodations are subject to the laws and regulations of the country in which they are provided. The Operator is not responsible for any baggage or personal effects of a Participant. Participants are responsible for purchasing a travel insurance policy, if desired, that will cover some of the expenses associated with the loss of luggage or personal effects. The Operator is not responsible for transportation delays or any other delays or changes to the Tour, nor for additional expenses or loss of time that may be incurred in connection therewith. In the event it becomes necessary or advisable, at the discretion of the Operator and in consultation with the Participants, for the comfort, enjoyment or well-being of the Participants, to alter the Tour itinerary at any time, then in consultation with the Participants, the Operator may make such alterations and will not be held responsible by Participants in any way for any such alterations.
Assumption of Risk & Release and Hold Harmless from Liability – The Participant acknowledges that s/he (i) is voluntarily participating in the Tour and all activities offered in connection therewith, (ii) is taking responsibility to choose a tour that fits his or her level of health and fitness, and (iii) agrees to assume all risks of travel, including bodily injury, emotional trauma, property damage or theft, and death. Furthermore, by booking the Tour at this time, the Participant also acknowledges the highly contagious nature of COVID-19 and voluntarily assumes the risk for himself/herself, that the Participant may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time of booking of the Tour. The Participant acknowledges that exposure to such viruses or disease is an inherent risk of traveling that cannot be controlled or eliminated by the Operator.
The Participant, and on behalf of his or her heirs, assigns, personal representatives and next of kin (“Releasors”), hereby release, and hold harmless the Operator, its members, officers, agents, and/or employees, suppliers, and other Tour members (“Releasees”), from and against all liability, damage or loss arising from the Participant’s participation in the Tour, including, but not limited to, any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any postponement, cancellation, quarantine, delay, refusal of entry or departure, changes in itinerary or other, injury, disability, death or any other loss the Participant may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID-19, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law. The terms of these release and hold harmless of all liability paragraphs, shall survive any termination or cancellation of this agreement, whether by operation of law or otherwise.
Experience Sicily tour packages do not include insurance coverage. Experience Sicily all-but-requires you to purchase a comprehensive travel insurance policy to protect your trip investment. A comprehensive insurance policy includes full medical expenses, evacuation coverage, loss or damage to luggage, personal accident, loss or damage to property, trip cancellation or postponement, personal liability, legal expenses, and emergency expenses. It should also include coverage for pre-existing health conditions.
Allison Scola works with several travel insurance providers and can provide you with competitive policies to consider. Please request an appointment with her to discuss options. It is recommended, in order to cover any preexisting conditions you or your loved ones may have, to purchase a policy within 14 days of your initial trip deposit.
Your credit card company may also cover travel insurance. Please consult your customer service specialist for confirmation.
Should you elect not to purchase travel insurance, you will be required to sign a waiver explaining you have chosen to decline coverage.
Cancellation and Refund Policy
Experience Sicily LLC (“Experience Sicily”) must strictly adhere to its cancellation policy to offset costs incurred once planning and reserving your itinerary program has commenced. Planning and reserving include but is not limited to advance payments to our suppliers including accommodations, transportation, excursions, land tour operators, etc. To be effective, any cancellation must be made in writing to allisonscola@experiencesicily.
Once you have paid 50% of your tour design fee, we will commence research and planning. During this initial research and planning, much of your itinerary and accommodations, transportation, excursions, etc. will have been determined and revealed to you and we will have spent significant time on your program. Additionally, once you approve individual elements of your program, some accommodations, transportation, excursions, etc. will have been pre-paid by Experience Sicily to guarantee competitive rates and your reservations. Once we deliver to you a sketch/draft/outline of your itinerary, the design fee payment that has already been made is nonrefundable. If you cancel prior to the sketch/draft/outline of your itinerary being revealed, you are subject to a $400 non-refundable administrative fee. Furthermore, you will be responsible for payment of any non-refundable pre-paid costs for accommodations, transportation, excursions, tickets, etc. that Experience Sicily has incurred and not yet invoiced you. An itemized invoice will be sent to you to pay for such costs.
In addition to the above, at the time Experience Sicily receives written notification of cancellation, the following charges will apply:
Cancellations received up to 45 days prior to departure: any non-refundable, pre-paid costs incurred
Cancellations received between 44 and 31 days before departure: 60 percent of the itinerary costs and the remaining percentage due of your tour design fee
Cancellations received between 30 days and 15 days before departure: 90 percent of the itinerary costs and the remaining percentage due of your tour design fee
No refunds will be given for cancellations received within 14 days of departure and the remaining percentage due of your tour design fee must be paid.
In the event of labor strikes, hostilities, wars, terrorist acts, acts of nature, local laws, international pandemics, and other such causes Experience Sicily will work on your behalf to fairly resolve your financial commitments to suppliers, hotel accommodations, transportation, sightseeing, excursions and other such scheduled activities. We are your advocate and will work for your best interest.
Once your final itinerary is furnished, no refunds will be made for any portion of Experience Sicily’s travel planning design fee.
At the time of invoicing, prices are quoted in U.S. Dollars using the exchange rate we receive from our foreign exchange dealer at the time the reservation is confirmed.
No refunds are allowed on any unused portion of the itinerary.
No refunds will be made in the event of “no show” or trip interruption.
No partial refunds shall be given for individual deviations from the scheduled itinerary, including, but not limited to, missed excursions, tours, cooking experiences, meals, transportation or lodging, for any reason.
In case of error, we reserve the right to correct the billing invoice.
Prices are subject to increase due to any increase in cost, such as, but not limited to:
Currency fluctuation, land fares, and fuel costs. We reserve the right to revise the price and re-invoice in case of price increase of 3% or more at the time of final payment.
Air Ticket Reservation
In the event that we assist you with reserving your airline tickets, airline reservations are paid in-full with your credit card at the time of booking and restrictions apply according to the fare rules mandated by the airline. Experience Sicily shall not be liable for any airline fees or cancellation penalties incurred by the purchase of a non-refundable ticket.
In the unlikely event that a dispute arises between you (the “Client”) and Experience Sicily, the following conditions will apply: (a) the dispute will be settled by binding arbitration administered by the American Arbitration Association; (b) the dispute will be governed by New Jersey State law; (c) the maximum amount of recovery to which a Client shall be entitled under any and all circumstances will be the sum of all monies actually received from the Client by Experience Sicily. The Client agrees that this is a fair and reasonable limitation on the damages, of any sort whatsoever, that a Client may suffer. Upon payment of the stated percentage of the design fee to Experience Sicily, the Client agrees to be bound by the above terms and conditions.
Terms and Conditions | Acknowledgement – Concierge Clients
By marking the “I agree” check box upon reserving you tour package, you are agreeing to the following statement:
By marking the “I agree” check box upon reserving my tour package, I state that I have read and understood the Terms and Conditions, including the Cancellation and Refund policy and Responsibility Disclosure Statement, and I will review any travel documents for accuracy upon receipt and understand that I may contact Experience Sicily LLC if I have any questions.
I accept that Experience Sicily LLC is not responsible for, nor will I attempt to hold it liable for, any injury, damage, or loss I may suffer on account of any conditions, actions, or omissions that are beyond its reasonable control.
I further understand and acknowledge that travel to many parts of the world may involve the risk of a variety of hazards to my health and/or safety, including but not limited to disease, crime, terrorism, and warfare. Because each traveler’s risk tolerance is different, Experience Sicily LLC is not in a position to advise me whether I should travel to any particular place at any particular time. Rather, to assist me in making an informed decision, I should refer to objective third-party sources of travel information, such as that maintained by the U.S. Department of State (https://travel.state.gov) and the Centers for Disease Control (https://www.cdc.gov/travel).
I understand that it is my personal decision to travel, and I am doing so with full knowledge of current travel recommendations and travel restrictions with regards to the risks of COVID-19.
I accept that the Italian Ministry of Health may decide to impose restrictions on travelers from any country at any time due to COVID or any other reason, and I agree to hold Experience Sicily harmless from liability in the case that new restrictions are imposed on travelers and I am unable to enter Italy as a result.
I understand that the Transportation Security Administration (TSA) requires me to carry a government issued identification card (passport) that is valid for six months from the date of entering Italy and other European Union member countries in order to board a flight. I have been advised that the name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on my airline ticket and in my booking records. I acknowledge that my failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing me to miss my flight.
I understand that if traveling internationally, I must have a valid passport and, depending upon my destination and nationality, I may need to obtain one or more visas.
Note to Client: Passport and visa information may be obtained by contacting the Travel Advisory Section of the U.S. State Department at 202.647.5225 or by visiting the State Department’s Web site at travel.state.gov. Non-U.S. passport holders should be sure to contact the embassies of their destination and transit countries to obtain entrance requirements. To obtain medical information, you may contact the Centers for Disease Control at 404.332.4559 or visit the CDC’s Web site at www.cdc.gov
I understand that to participate in an Experience Sicily tour, I must present documentation that I am fully vaccinated or present documentation from a medical professional that I have the equivalent number of antibodies.