Terms and Conditions - California Horizon Tours

Terms Conditions

California Horizon Tours, LLC. – TERMS AND CONDITIONS (Updated 04/01/2024)

1. Effective Time of Contract.

Quotes & Invoice/Contracts provided by California Horizon Tours, LLC are based on availability of vehicle(s) and driver(s) from within our network at the time of provision of such quote. Failure of Customer to sign and fax back Sales Order/Invoice/Contract promptly can result in unavailability. Further, California Horizon Tours, LLC shall reserve the right to decline provision of services in the event that a suitable operator cannot be confirmed for Customer’s service at or below the price indicated on the contract. Customer does not have a binding commitment on the part of California Horizon Tours, LLC until (i) Customer’s signature on the Sales Order/Invoice/Contract and these Terms and Conditions is received by California Horizon Tours, LLC, and (ii) California Horizon Tours, LLC has received confirmation from the transportation service provider that appropriate vehicle(s) and driver(s) are available for Customer’s event at or below contract price. Should customer not receive written confirmation from California Horizon Tours, LLC within 5 business days, the contract will be deemed null and void.

2. Payment

Final payment for charter service is due and payable at least 14 (14) days in advance of the first date of service. In the case of bookings more than 14 days prior to the Event, a 20% deposit should be paid upon confirmation of the service. When making payment, Customer should indicate on its check or other mode of payment, the Sales Order/Invoice/Contract number to insure proper credit. Customer shall pay all costs of collection and enforcement by California Horizon Tours, LLC, including, without limitation, attorneys’ fees and court costs. In the case of bookings less than 14 days prior to the Event, full payment will be due upon booking. Late payments, payments made after the agreed and specified payment date, will be subject to a 1% per day interest charge.

3. Collection

Customer agrees to pay all costs, expenses, collection and attorney’s fee, as allowed by law, either expected or incurred by California Horizon Tours, LLC due to any breach or default by the Customer of any terms of this contract.

4. Security Deposit

Customer agrees that the Operator has the sole and exclusive right to determine the extent to which security deposits may be refunded. Vehicles will be subject to inspection after the service by the Operator, upon which such determinations shall be made.

5. Standard of Care

Our service providers are carefully selected. California Horizon Tours, LLC confirms that all transportation service providers used for Customer’s services are registered and insured and have no unsatisfactory ratings with the Federal Motor Carrier Safety Administration and the Better Business Bureau. Further, all drivers are confirmed as safe drivers by our providers. Equipment furnished by the service provider is inspected before being assigned to the charter service for mechanical reliability. The vehicles provided will accommodate the number of passengers specified in Customer’s order.

6. Itinerary; Extended Day Trips

Customer must provide California Horizon Tours, LLC with complete itinerary information no later than seven (7) days prior to service. Failure to provide such information may result in cancellation of your contract and forfeiture of ten percent (10%) of the amount of the contract. Prices are subject to change based on the final itinerary. The Customer is responsible for reserving and paying for a room for each driver.

7. Changes; Additional and Unforeseen Costs

Any change in service at the request of the Customer that results in an increase in miles or hours over that of the contracted service shall result in an additional charge. Customer agrees to sign trip sheet upon the request of the driver for confirmation of service completion time. Tolls, parking charges, driver accommodations in the event of an overnight trip, etc., will be the responsibility of the Customer unless otherwise stated. California Horizon Tours, LLC will notify the Customer of any anticipated additional charges that may be expected to be incurred at the time of the original order. Any additional fees unforeseen prior to the departure of the charter are the responsibility of the Customer. When the nature of the charter trip is such that a greater than normal amount of time and material will be necessary to clean the vehicle properly upon its return to garage, California Horizon Tours, LLC, at its option, may require additional cost to cover such additional time and materials.

8. Personal Items of Passengers

Customer hereby acknowledges that neither California Horizon Tours, LLC nor the service provider shall have any responsibility whatsoever for any personal property of the passengers. Baggage and all other personal property will be handled only at passengers’ own risk. Passengers’ baggage shall be carried subject to the available accommodations (as determined solely by the service provider) provided by interior and/or exterior racks. Personal items of passengers are loaded and transported at the sole risk of the passengers.

9. Damage to Transportation Equipment

Customer hereby agrees to assume responsibility for and to reimburse California Horizon Tours, LLC for the costs associated with any damage to the transportation equipment/vehicles supplied by or through California Horizon Tours, LLC caused by passengers. A $500 fee will be enforced for any damage such as vomiting, spilling, or any other damaged caused by passengers.

10. Objectionable Persons

California Horizon Tours, LLC and its service providers reserve the right to refuse to transport persons under the influence of intoxicating liquor or drugs, or who are, or are likely to become, objectionable to other persons or if the driver feels threatened in any way.

11. Conduct of Passengers

Passengers shall not interfere with the operator in the discharge of his/her duty or tamper with any apparatus or appliance on the vehicle.

12. Fire Arms, Explosives And Fireworks

Possession of firearms, explosives and fireworks (whether in baggage or on the person) are strictly forbidden on any vehicle provided hereunder.

13. Binding Authority

Customer represents and warrants to California Horizon Tours, LLC that the undersigned signatory, signing on behalf of Customer, has the authority to bind the Customer and that these Terms and Conditions shall be a valid, legally binding obligation of Customer. In the event that these Terms and Conditions are not signed and returned to California Horizon Tours, LLC, payment by Customer shall constitute Customer’s acceptance of and agreement to these Terms and Conditions.

14. Limitation of Liability

Customer agrees that California Horizon Tours, LLC shall not be liable to Customer for special, indirect, incidental or consequential damages, and Customer hereby disclaims such damages to the full extent such may be disclaimed, even if California Horizon Tours, LLC has been advised of the possibility of such damages, except in the case of gross negligence or willful misconduct of California Horizon Tours, LLC. In no event shall California Horizon Tours, LLC be liable for any loss in excess of the price paid for the charter for any reason whatsoever. Any and all complaints must be submitted in writing within five (5) business days after the date of the event or shall be waived by Customer.

15. Force Majeure

The time of arrival at starting point, stop-over point, destination, or return to point of origin cannot be guaranteed. Service providers are carefully selected and have instructions to drive at all times at a speed within the limits prescribed by law and compatible with safe operation. Unusual road, traffic, and weather conditions are beyond the control of California Horizon Tours, LLC and the service provider, and delays occasioned by same will not be the responsibility of California Horizon Tours, LLC or the service provider. California Horizon Tours, LLC shall not be liable to Customer for delay or non-performance resulting from mechanical failure, road or weather conditions, labor difficulties, or any other causes or circumstances beyond its control.

16. Cancellation Policy

Cancellations must be received in writing by phone or email. Customer shall receive a full refund for cancellations made more than 14 days prior to date of service. There shall be no refund, however, for cancellations made within 14 days prior to date of service. A change in date of service shall be deemed a cancellation.

17. Prohibited Items

The following items and activities are prohibited without the written consent of the Company: (i) Smoking which includes vaping; (ii) Glass containers; (iii.) Golf shoes or other shoes with spikes; (iv) Fuel containers; (v) Generators. No tap beer is allowed on any vehicle.

18. ADA / SPAB NOTICE

Our vehicles are not handicap or wheelchair accessible.

19. Miscellaneous

Governing Law. The rights and obligations of the parties hereto shall be interpreted, construed, and enforced in accordance with the laws of the State of California. Customer irrevocably consents to the jurisdiction of the state and federal courts of the State of California and in any dispute arising out of these Terms and Conditions agrees to waive the defense that such courts lack personal jurisdiction over Customer. Any claims or suits may only be instituted in the state of California.
Counterparts; Facsimile. These Terms and Conditions may be executed in separate counterparts, each of which shall be deemed an original and both of which shall together constitute one and the same instrument. For the purposes of this Agreement, facsimile signatures shall be treated as original signatures.
No Trial by Jury. California Horizon Tours, LLC and Customer each agrees to waive all rights to trial by jury in any claim, action, proceeding or counterclaim by either party against the other on any matters arising out of or in any way connected with the Event or these Terms and Conditions.
Entire Agreement. These Terms and Conditions, together with California Horizon Tours, LLC’s Invoice/Contract, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes any other promises, representations, or conditions in any other agreement, whether oral or written. These Terms and Conditions may be modified or amended only in a written instrument signed by both parties.
No Assignment. The Customer may not assign this Agreement or any of its respective rights, interests, duties or obligations hereunder without the prior written consent of California Horizon Tours, LLC. California Horizon Tours, LLC may assign this Agreement and any of its rights, interests, duties or obligations hereunder without the prior written consent of the Customer.