The Terms thoroughly constitute the contract between Wish Sicily and the User in relation to the Website exploit by the very same User.
We invite the User to read the Terms listed below, very cautiously: they represent a legal binding agreement. The contractual agreement is entered by both the User and Support Sicily S.r.L.
The User shall be entitled to employ the Web Site, only upon acceptance of the Terms listed below.
1. Wish Sicily is to be looked at as a match point.
Wish Sicily is not to be considered as a session of any lease transaction.
The service offered by Wish Sicily consists (only for instance, not thoroughly) in promoting and managing a match point between the landlord (identified as the "Owner") and the tenant (identified as the "Guest"), together defined as the "Users", who let or rent holiday homes, according to the different nature of price and property.
Wish Sicily hasn’t got nor draws up (by any means) contracts concerning properties inserted in the Website.
Wish Sicily is not involved in the actual transaction between the Guests and the Owners although it occasionally provides the tools to allow a Guest to launch a transaction for a specific property lease, straight from the Owner.
Therefore, Wish Sicily is not to be considered responsible for quality, safety, nor legality of the properties advertised, and least of all for the truthfulness and accuracy of advertisements nor for Owners’ ability to rent out their holiday homes nor for the Guests’ ability to settle the properties with the Owners.
2. Personal use.
In order to benefit from the service Wish Sicily offers, all Owners are required to pay a annual fee for listing the property on the "Annual Listing" section and a commission on the total cost of the stay for listing the property on the "Partnership Listing and Premium Listing" section - keeping the advertising for a minimum period of 12 and 24 months respectively starting from the date of subscription; on the other hand, no payment is required to Guests, for the use of website.
Therefore, Wish Sicily grants the Users a limited, revocable, and not exclusive license to access the Website in order to advertise holiday homes and / or to find, view, or make legitimate requests to Owners, concerning specific properties (intended for personal usage), in accordance with these Terms. It is definitely forbidden to make any other use of the Web Site. The license does not include any right of collection, aggregation, copying, reproduction, display, or imitative use of the Website nor any other possible right of embezzlement of data contained on the Web Site.
3. Property rights.
The texts, images, photos, maps, as well as the files on the Website (collectively defined as "Contents") are exclusively intended for personal usage. All the Website Contents and the very same Website are protected by copyright and database rights.
Users are required to respect all additional notices, information, and restrictions on copyright, contained or concerning a portion of the Web Site Contents. The plagiarism, reproduction, storage, and download of the Contents, or any part of them, for any purpose proved to be different from personal usage, with no prior written consent by Wish Sicily nor by the copyright rightful owner, is rigorously forbidden.
4. Constraints and duration of advertisement.
All purchased advertisement concerning property must be posted on Wish Sicily for the period of time previously contracted and provided for by the type of subscription purchased.
The subscription starts from the date the Owner makes the subscription payment and ends on the last date of subscription the Owner has chosen to be; e.g. for an annual advertisement subscription, purchased on February 1st, the subscription will expire on January 31st of the following year. The same criteria will be used for properties regitered in "Partneship" and "Prmium" listing where the first reservation's date will apply.
All reservations confirmed by the Guests must be granted by the Owner even in the event of ads removed.
No refunds will not be granted for ads removed, upon Owner’s request, before the arranged subscription expiration date.
5. Changes to the Website.
In the case of legal, commercial and / or technical grounds, Wish Sicily reserves the right to modify, suspend, or discontinue (at any time) any section of the Website, including the function availability as well as the database and/or content ones. It may also, due to similar reasons, impose limits on certain features and / or services, or hamper the access to the Web Site or certain sections of it
6. Responsibilities and rights concerning the contents.
Owners shall be aware of being fully responsible for all the Website advertisements Contents related to real estate, merely provided by them. In this regard, Wish Sicily does not assume any responsibility originating from the alleged accuracy of the listings and reviews on properties.
Furthermore, Owners shall be deemed to be the only ones responsible for the updating and accuracy of the information concerning their own properties advertised on the Website, including, for instance, all reviews and / or declarations about the property, related services, location, price, and availability on one date or other specific dates.
Nevertheless, Wish Sicily reserves the right to disclose, at any time, such content in the extent permitted by reference right to compliance with laws, regulations, or governmental requests.
Wish Sicily is not obliged, in any way, to previously check and verify the Contents inserted in the Website by the Owners, nor is responsible for such Contents. However, it reserves the right to decline, edit, or remove any Content posted on the Website by the Owners, which is not proved to accomplish with Website requirements.
The logo "Certified property" is exclusively assigned by Wish Sicily, to those properties that result to meet the rental standards of holiday homes requested by Wish Sicily and whose authenticity of the ads has been proved. We expressly declare that the logo is assigned by Wish Sicily at the time of inspection and that no further inspections are required in order to maintain the certification logo on the advertising descriptive chart of the property. Therefore Wish Sicily will not be considered responsible for any alteration to the ad, to the property, and to the maintenance measures of the latter, starting from the moment the certification logo is granted. Furthermore, the Owners shall be deemed to be the only ones liable for the updating as well as the accuracy of the information given, and the maintenance measures of their own property.
The owner is committed to publishing the lowest available rental price. Wish Sicily reserves the right to recognize to the guest at the time of booking, the lowest price reported on other competitors’ websites.
Wish Sicily reserves the right to choose the design, layout, and functionality of the Website, as well as the right to revise, amend, and / or edit the Contents the Owners provide. All Contents inserted by the Owners are subject to review and approval by Wish Sicily. Regardless the right to edit the Contents, Wish Sicily assumes no responsibility for the truthfulness and accuracy of these nor it is liable for any loss or damage caused to the Contents and / or corrected and edited by Wish Sicily.
7. Reviews on advertised properties.
All reviews featured by property Owners must be genuine comments made by Guests who have stayed in that property. Wish Sicily reserves the right to request Owners to supply email addresses of all Guests who have placed reviews.
8. Advertised property replacement.
Each advertisement must relate to a specific property. The property shown on the ad shall not be substituted by another property description. If the Owner were to make changes to an existing ad which would substantially alter the ad itself thus shall he/she convert it into a whole new property ad, Wish Sicily reserves the right to revoke the advertisement at issue and perhaps retain any of the fee associated with the duration of the previously existing advertisement, as a reimbursement due to the violation of the business terms.
9. Liability limitation.
Wish Sicily shall, in no circumstances, be liable for lost profits or any indirect, consequential, particular, incidental, or penalizing damages arising from, based on, or resulting from the Website, caused by means of these Terms, the use of the Website by the User and / or any transaction between Users, albeit in cases in which Wish Sicily has been warned about such losses and / or damages.
These limitations and exclusions apply regardless the loss and / or damage cause, shall they be due to a contract breach, warranty infringement, strict liability, tort, negligence, or any other legal basis, to the fullest extent in which such exclusions and limitations are not prohibited by the law in force.
Lest the User should be found to be disappointed by the service the Web Site has provided or shall he/she not agree with any of these Terms, concluding the Website utilize shall be the sole and exclusive resolution towards Wish Sicily.
In case of a dispute with one or more Users (including any possible dispute between Users concerning transactions and / or Contents posted by users including, with no limits, any translation), the User agrees to waive and extinguish all Wish Sicily liabilities, claims, and expenses arising out of/or connected to the dispute.
11. Exclusion of representative mandate.
Wish Sicily is proved to be an independent contractor, therefore the present Terms or use of the Website do not provide any representation, company, business venture, employee / employer working rapport, or franchiser-franchisee.
12. Links to third party websites.
The Web Site may contain links and pointers that lead to other Internet sites, resources, and Web Site sponsors. Links from the Web Site to third party web sites and vice versa, managed by third parties, do not constitute an endorsement by Wish Sicily of websites belonging to third parties along with their contents.
13. Hyperlinks in the Contents.
Wish Sicily reserves the right to refuse and / or remove without any previous notice, hyperlinks in Contents published by the Owners to other websites. Wish Sicily reserves the right to charge a commission on the hyperlinks at any time. Hence, the owner is to decide whether to remove the hyperlink or pay the fee Wish Sicily charged.
14. The “messaging system” and booking procedure in Partnership and Premium listing.
Listing a property on Wish Sicily as Partnership or Premium Lististing, supposes that the exchange of e-mails (as well as general correspondence) between the Guest and the Owner for booking confirmation purpose, occurs exclusively through the “messaging system”, provided by Wish Sicily.
Guests who wish to contact the Owner use the form which can be found on every holiday home chart; the communication will be received by Wish Sicily which will in turn forward the request to the Owner. The latter will be addressed to a platform of email exchanging, the so called “messaging system”, which moreover represents the only possible means of communication with the Guest until the reservation deposit payment will be given.
The Owner and the Guests will not be authorized to use alternative means of communication other than the “messaging system”; they will therefore be subject to any sort of censorship activated by Wish Sicily in case they provided contact information with the intent of sidestepping the “messaging system” therefore the supervision of Wish Sicily which has to guarantee a proper information exchange, when booking dates are to be confirmed, for example: telephone number, email address, bank account.
Upon the booking confirmation made by the Guest, Wish Sicily will take care of the collection of the booking deposit payment fee (up to 30% of total amount), not refundable in case of cancellation or "no show", as a compensation for successful booking.
The Guest will pay the balance directly to the Owner in accordance with the booking conditions given by the latter, or to Wish Sicily, 60 days before arrival date, for Premium listing properties. The Owner will be required to communicate to the Guest the check-in and check-out procedures as well as any other relevant information relating to the reservation and the sojourn in the booked holiday homes, except for those Premium listed properties which will be co-managed by Wish Sicily.
Wish Sicily won’t be liable for any sum paid by the Guest directly to the Owner or liable for any loss or damage attributable to fraudulent activities and/or listing, unless the PAYMENT PROTECTION POLICY applies>>.
Guests must be aware that for payments made via credit/debit card and/or PayPal 4% commission applies.
15. Customer Changes/Cancellations for Premium Listing.
To communicate a change or cancellation, contact must be made with Wish Sicily by the party representative in writing. When the customer reserves a property more than 60 days before the arrival date and pays the 30% deposit, the customer is given a 10-day period of grace to make changes or cancel without penalty. If the customer makes a booking within 60 days of the arrival date, there is no period of grace.
Wish Sicily must be notified of any changes to an existing booking as soon as possible. Wherever possible, Wish Sicily will try to accommodate a change to an existing booking. Increases in the size of the booking party will only be accepted if the rental property can accommodate the increased number of people. If a customer wishes to increase the booking party size, the customer will be expected to pay the additional fees that apply to the reserved property. Decreases in the booking party size after the 10-day grace period will be accepted but no refund will be granted and the customer must pay the amount originally agreed. In the event of a new booking representative replacing the designated booking representative or if the booking party in its entirety must change, the new booking representative and/or booking party must meet Wish Sicily's requirements and agree to Wish Sicily 's Terms and Conditions. Wish Sicily reserves the right to deny the transfer of an existing booking to a new booking representative or booking party for any reason.
If a customer makes a booking and then cancels the booking after the 10-day period of grace, the customer is responsible for a cancellation fee as following:
- When the customer cancels a booking 60 days or more before the arrival date, Wish Sicily will retain 30% of the total invoice as a cancellation penalty charge.
- When the customer cancels a booking 0-59 days before the arrival date, Wish Sicily will retain 100% of the total invoice as a cancellation penalty charge.
16. Arrival and Departure for Premium Listing.
All customers can check-in no earlier than 4pm. The customer must clearly communicate to the property owner/manager or Wish Sicily their estimated time of arrival time at the property. The customer must show the Property Voucher to the property owner/manager upon arrival. If a customer needs to change an arrival or departure time, the customer must receive a written confirmation from Wish Sicily of the acceptability of the change. If while travelling to the rental property there is an unexpected delay such as a
flight delay or car trouble, the customer must alert Wish Sicily as soon as possible. If for some reason the arrival time is changed due to:
- an unexpected delay which results in a property owner or manager being unable to arrive on time;
- a property owner or manager being unable to adapt to a new arrival time, even if the new time is communicated in a timely fashion;
then Wish Sicily will work with the customer to find a new acceptable arrival time. If delivery of the keys to the property is not possible on the arrival date, Wish Sicily may decide to deliver property keys on the next available day. If the arrival time needs to be rescheduled, no refund will be granted.
The rental property must be vacated on the agreed departure date by 10am in the presence of the property owner/manager. The property owner/manager will be at the villa by 9:30am as check-out procedure usually takes 30 minutes depending on the property. If the customer needs to check-out earlier than 10am, they will need to inform the property owner/manager on the day of arrival or with as much notice as possible during their stay so that an earlier check-out time can be agreed.
17. The Security Deposit for Premium Listing.
A refundable security deposit is required to access the rental property. The amount of the refundable security deposit varies based on the rental property and will be indicated on the Property Voucher issued by Wish Sicily a few weeks before arrival date. The security deposit will be used to pay for extra fees such as the electricity usage or expenses of repairs of any damages to the property or mistreatment of the property in any form that occurs during the rental period.
The security deposit must be paid in cash in Euro. The customer must give the amount of the security deposit to the property owner/manager on the day of check-in. If the customer fails to provide the full security deposit immediately upon arrival, the customer will be denied access to the property.
The property owner/manager will be responsible of the security deposit. Wish Sicily declines any responsibility about the administration of the security deposit.
18. Health, Cancellation and Traveller's Insurance.
Wish Sicily recommends that all customers obtain cancellation insurance. It is the customer's responsibility to obtain cancellation insurance. Wish Sicily declines responsibility for loss due to customer cancellation.
All customers must be covered by travel insurance during the rental period. It is the customer’s responsibility to ensure that their insurance policy covers all accidents, loss and damage. If a customer fails to have the necessary insurance to cover losses of any kind, Wish Sicily will not be held responsible. Wish Sicily reserves the right to check whether the customers has take a valid Insurance policy and may cancel the booking without refund in the event that the customer is not insured.
19. Safety, Injuries, Personal Damages and Insurance.Wish Sicily expects that all customers follow standard safety practises to prevent any occurrence of personal damages, injury or death. This is especially relevant when children are present on a rental property, especially when facilities such as swimming pools are present on the rental property. The safety and well-being of children on a rental property is the sole responsibility of the customer. Wish Sicily takes no responsibility for children’s safety and well-being. Furthermore, neither Wish Sicily nor the property owner/manager will be responsible for personal damages, injury or death that takes place on the rental property. If a property guide is present on the property, which explains the rules and guidelines for using the property facilities, all customers are expected to follow the instructions within that guide and to carry out daily checks of all facilities, including sports structures and swimming pools.
Sports structures on the rental property, including swimming pools, may not be used by individuals who are under the influence of alcohol or other substances. Wish Sicily and the property owner/manager decline all responsibility for any damages or accidents caused by incorrect use of sports or recreational structures, including swimming pools, during the rental period.
20. Force Majeure and Issues Beyond the Control of Wish Sicily.
21. Additional Services.
22. Extra Fees.
23. Customer Problems & Complaints.
Although Wish Sicily represents a rental booking engine only - home rental commission FREE - and the customer’s contract is with the property owner, on the rare occasion that a customer encounters a problem with a rental property, Wish Sicily will work with the customer to provide an acceptable solution.
The customer will be provided with relevant contact details to enable 24-hour a day access to Wish Sicily for the duration of the holiday.
Please note that Wish Sicily cannot be held responsible for problems reported subsequent to departure. It is important that complaints are registered promptly in order for them to be investigated fully. In the event of a problem, the following should be implemented immediately:
- As soon as a problem or complaint arises the customer should communicate it verbally to both Wish Sicily and the property owner/manager immediately.
- If the problem or complaint persists the customer should notify Wish Sicily immediately in writing.
Wish Sicily will look into every problem and complaint on an individual basis and decide on the best course of action.
Wish Sicily’s liability in all cases will be limited to the amount paid by the customer for the villa booking.
No compensation will be offered in the following circumstances:
- The customer fails to notify Wish Sicily of their complaint during their stay.
- The customer and the booking party have not taken reasonable care to protect themselves and the booked property.
- The customer or a member of the booking party is at fault.
- In the event of unusual or unexpected circumstances which are either unavoidable or beyond the control of Wish Sicily (see section 20).
- Any event which Wish Sicily or the property owner/manager could not help or prevent.
- Resolution of the problem during the rental period.
- The offer of similar alternative accommodation by Wish Sicily.
Wish Sicily is not required to individually file the Terms accepted by every Web Site User. Therefore we encourage the User to make a copy of these Terms for personal records.
25. Arbitration & Mediation Clause.
Every dispute arising under or connected to this contract will first be object of an attempt of mediation procedure under the European Directive 2008/52/EC in accordance with the Mediation Rules of D.Lgs. 28/2010 as adopted by Italy. The seat of the mediation will be the city of Palermo. If the dispute is not resolved within 120 days of the official request for mediation, the dispute shall be settled by arbitration. The arbitrator shall have no connection with the mediator or the mediation proceedings, unless both parties have consented in writing. The Arbitral Tribunal will consist of a sole arbitrator appointed pursuant to those Rules. The arbitration will be formal. The Arbitral Tribunal will decide in accordance with the rules of EU Law adopted by Italy. The seat of the arbitration will be Palermo. The language of the arbitration will be Italian. The decision of the arbitrator will be final and binding on both parties.