Legalities
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE HORIZON SITE.
By using this site, you signify your assent to these terms of use. If you do not agree to
these terms of use, please do not use the site. We reserve the right, at our discretion, to
change, modify, add, or remove portions of these terms at any time. Please check these terms
periodically for changes. Your continued use of Horizon-holidays.com following the posting of
changes to these terms will signify your acceptance of the revised terms.
Traveller Responsibility: All travellers assume the responsibility to select
or design the trip most appropriate to their physical abilities and interests. Travellers are
responsible for being in sufficiently good health to undertake their trip; for obtaining the
appropriate medical and cancellation insurance; for studying all pre-departure information;
and for acting in a manner considerate of fellow travellers and the countries visited. Travellers
assume full responsibility for any loss, injury, death or damage to them, their family or their
dependants arising in connection with their participation, or the participation of their family,
in the trips, and for ensuring that they have adequate insurance coverage to cover any loss.
Participation: We require that all travellers be at least 18 years of age on
all trips apart from designated family departures. For the benefit of all travellers, Horizon
reserves the right to accept or reject any traveller as a tour participant, and to remove
from the tour any travellers whose conduct is deemed incompatible with the interests of the group.
Travel Risk: Any form of travel contains inherent risks and medical
facilities and services may not be easily accessible and may not be sophisticated. There are
other risks associated with the trips, such as theft or loss of or damage to property. Some
of the services provided in connection with the trip, including lodging, transportation,
food service, and local tours and activities, are obtained from independent suppliers over
whom Horizon has no control.
Limitation of Liability: Horizon Holidays Ltd., its directors, officers,
employees, agents or representatives (collectively referred to as "Horizon") hereby give
notice that they act only as agents for hotels, transportation companies, land operators
and suppliers of travel services, and assume no responsibility or liability whatsoever in
connection with the operation, safety condition or service of any aircraft, motor vehicle,
boat, other conveyance, inn, lodge, or hotel which may be used wholly or in part, for
services to Horizon’s trip members. Horizon, its operators, airlines and agents will not
be responsible for any act, error or omission, nor for any injury loss, accident, delay,
inconvenience, irregularity, or damage which may be occasioned by any cause whatsoever,
including acts of nature, civil disturbance, government restrictions, or failure of any
means of conveyance to adhere to published schedule.
Release & Assumption of Risk: You are aware that during the trip which
you are choosing to participate in, you are subjecting yourself to certain risks, including
but not limited to: forces of nature, travel in remote areas and wilderness terrain, and
transportation by air, train, automobile or other conveyance. You acknowledge that the
enjoyment and excitement of travel is a reason for your participation on the trip, and
is derived in part from the inherent risk of such travel. You acknowledge that you have
received no information from Horizon that in any way minimizes the risks of such travel.
In consideration of arrangements made by Horizon and independent suppliers for your
travel, you agree to the following:
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You assume and accept all risks, dangers, and hazards, including without limitation,
illness, injury, death, loss or damage to your person or property, in any way connected
with travel arranged by Horizon or any independent suppliers for you.
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You waive any claims that you may have against Horizon in respect of such travel and
you will not hold Horizon liable for any act or omission of any independent supplier or
any unrelated third party. You understand that the services provided by independent
suppliers are subject to the laws of the place where the services are provided, and
any conditions imposed by those suppliers and you acknowledge that the liability of
the independent suppliers may be limited by their tariffs, conditions of carriage,
tickets, vouchers, and international conventions and agreements.
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You release and discharge Horizon from any and all liabilities for any loss, damage,
injury or expense that you, or your next of kin or personal representatives, may suffer
or incur as a result of your participation in travel arranged by Horizon, including
negligence on the part of Horizon, except where such loss, injury or damage is caused
by reckless or fraudulent conduct on the part of Horizon or its employees, guides,
shareholders, officers or directors, in which case you retain the right to sue only
Horizon in respect of that conduct.
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You agree to indemnify and hold harmless Horizon from any and all liabilities for
property damage, personal injury or death suffered by you or by a third party as a
result of your participation in travel arranged by Horizon.
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You understand that Horizon reserves the right to decline accepting or retaining
any traveller whose health or actions in Horizon’s sole judgement impede the operation
of a trip or the welfare or enjoyment of others
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You further agree that this release and indemnity shall be binding upon you, your
heirs, next of kin, personal representatives and any minor accompanying you. You agree
that this release and indemnity, and all rights and liabilities referred to herein,
shall be interpreted in accordance with and governed by the laws of Ontario and any
action arising therefrom shall be within the exclusive jurisdiction of Ontario courts.
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You have carefully read this release and indemnity and fully understand its contents.
You are aware that this document affects your legal rights and liabilities and those
of your heirs, next of kin and personal representatives.
Changes: Horizon reserves the right, either prior to or after departures,
in its good faith discretion and only in extraordinary circumstances, to change any tour,
trip or expedition. This includes, but is not limited to, the right of Horizon to alter
or omit any part of the itinerary, to substitute hotels or leaders, or to change any means
of conveyance without notice and without allowance of refund.
Photography: Trip members grant Horizon express permission to take a
photographic record of its trips for promotional and commercial use without any remuneration,
and assign all right, title, and interest they may have in or to any media in which their
name or likeness might be used to Horizon.
Travel Services: Horizon provides a variety of travel related services before
and after our trips that are arranged and priced separately from the trip price (airfare, etc).
Any alterations to these arrangements may be subject to additional costs, and any losses
associated with these alterations may not be covered by insurance or the Travel Protection
Plan. Horizon acts only as an agent for passengers and accepts no responsibility for any
loss or damages associated with these arrangements. The tickets in use by the airline or
other transportation company shall constitute the sole contract between the company and
the traveller.
Links: The Horizon site contains hypertext links to web sites of advertisers
and other third parties. Horizon does not control these websites and is not responsible for
their content. The existence of such links does not indicate any approval, endorsement or
authentication of any material appearing on such linked sites or any association between
Horizon and their owners or operators. You assume sole responsibility for use of third party links.
Ownership; Restrictions on use of materials: The entire content included in
this site, including but not limited to text, graphics or code, is owned by or licensed to
Horizon Holidays Limited., doing business as Horizon Holidays (collectively referred to as
"Horizon," "we," "us," or "our" herein). You may download, view, and print text and graphics
from the Horizon site, provided that such content is only used for informational, non-commercial
purposes, and is not modified or altered in any way. Except as expressly provided herein,
you may not use, download, upload, copy, print, display, perform, reproduce, publish,
license, post, transmit or distribute any information or content from the Horizon site in
whole or in part without the prior written permission of Horizon. Horizon™ and Horizon®
are either trademarks or registered trademarks of Horizon. Other trademarks, service marks,
slogans, logos and tradenames identified on the Horizon site are the trademarks or
registered trademarks of Horizon or third party licensors or other providers. None of
such marks, names or logos may be used without the prior written consent of their owner.
Disclaimer: THE CONTENT IN THIS SITE IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, HORIZON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. HORIZON DOES NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HORIZON DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.