By accepting these terms and conditions you are bound not only by these terms but also the terms and conditions as defined by our vessel owner/operator HORIZON CHARTERS INC and MALIHINI SPORTFISHING CHARTERS.
CANCELLATIONS BY THE CLIENT
Cancellations received 120 days or more prior to departure will receive all funds collected less a $100 booking fee. Cancellations less than 120 days before departure will forfeit all fees paid. Passenger substitutions are allowed if HORIZON CHARTERS, INC and MALIHINI SPORTFISHING CHARTERS are notified in writing at least 7 days prior to departure. Refunds are limited to the funds HORIZON CHARTERS, INC and MALIHINI SPORTFISHING CHARTERS have received.
ALTERATIONS TO ITINERARIES
Although every effort is made to adhere to itineraries advertised on our website, HORIZON CHARTERS INC and MALIHINI SPORTFISHING CHARTERS reserve the right to change routes and accommodation as brought about by changing conditions. When a major change becomes necessary, notification of such alterations will be sent to the Client as soon as HORIZON CHARTERS INC and MALIHINI SPORTFISHING CHARTERS becomes aware. HORIZON CHARTERS INC and MALIHINI SPORTFISHING CHARTERS reserve the right to alter itineraries after departure if it is in the Client’s/vessel’s interest/safety to do so.
STORM POLICY/TRIP INTERRUPTION
July through October is considered hurricane season in the eastern pacific. While hurricanes are rare in San Diego, they can occur and trip cancellation/interruption insurance is strongly advised. Not only do most of these policies insure against named weather events but also mechanical breakdowns, cancelled flights, trip interruption because another diver has a medical emergency, etc. Please read your policy carefully for a full understanding of the coverage. Not only can it cover your dive trip but also airfares, hotels, meals etc. lost because of the cancellation/interruption. If MV Horizon and MV Malihini cannot sail because of weather, you will be notified as early as possible but usually only 2-3 days before departure. You will be issued a storm credit for a future trip unless you receive compensation from you travel insurance policy. Once the MV Horizon and MV Malihini departs San Diego there will be no refunds on unused or partially used expeditions. No reimbursements for expenses associated with a cancelled or interrupted trip (flights, hotels, meals etc.) will be made regardless of the reason for the cancellation/interruption. Refunds are limited to funds received by HORIZON CHARTERS INC and MALIHINI SPORTFISHING CHARTERS to the client.
The Client acknowledges being aware of the proposed itinerary and hereby confirms that he or she is medically fit, in good health and is able to embark upon the selected sportfishing tour. Any Client with a pre-existing medical condition or illness must declare the true nature of such condition at the time of booking and make arrangements for the provision of any drugs or other cause of treatment which may be required during the tour. Such a Client would be required to provide a medical statement from a GP to confirm that they are fit to travel. HORIZON CHARTERS INC and MALIHINI SPORTFISHING CHARTERS and its representatives, assigns, charter clients will treat any information in the strictest confidence.
It is the responsibility of the Client to be in possession of a valid passport, visas, medical certificates and all other travel documentation. HORIZON CHARTERS INC and and MALIHINI SPORTFISHING CHARTERS will not accept any responsibility for changes in regulations for visas or any particular requirements for visas. HORIZON CHARTERS INC and MALIHINI SPORTFISHING CHARTERS will not be held responsible for the failure of the Client to obtain the necessary and applicable trip visas unless visas are included in the trip fee. Should a Client be refused entry to any country due to incomplete or incorrect documentation or for any other reason, HORIZON CHARTERS INC and MALIHINI SPORTFISHING CHARTERS will not be liable for any costs of such delays or repatriation costs for the Client.
Travel insurance including cancellation/trip interruption protection is highly advised for all Clients. Before a Client commences a tour he or she should arrange insurance with a reputable insurer, with protection for the full duration of the tour to cover personal injury, medical expense, repatriation expense, loss of luggage and the expenses associated with cancellation or curtailment of a tour. If a Client becomes ill, all hospital expenses, doctor’s fees and repatriation costs are the Client’s responsibility and HORIZON CHARTERS INC and MALIHINI SPORTFISHING CHARTERS shall not be liable for any refund of the tour cost.
Information given on our website is given in good faith by HORIZON CHARTERS INCand MALIHINI SPORTFISHING CHARTERS is based on the latest information available. HORIZON CHARTERS INC and MALIHINI SPORTFISHING CHARTERS reserves the right to change any of the facilities, vessels or vehicles described on the website without becoming liable for compensation or refund. While every endeavor is made to keep to the prices advertised on the website, HORIZON CHARTERS INC and MALIHINI SPORTFISHING CHARTERS reserves the right to increase the tour fares at any time due to any unforeseen increases or exchange rate fluctuations to which it may be subjected. Increases/ Surcharges may be applied even after confirmation of bookings.
Clients should be aware that HORIZON CHARTERS INC and MALIHINI SPORTFISHING CHARTERS may take photographs or films of the Clients while on any of the tours and HORIZON CHARTERS INC and MALIHINI SPORTFISHING CHARTERS resverves the right to use such material for any advertising, website or brochure production without obtaining consent and without payment to the Client.
LAW AND JURISDICTION
These terms and Conditions and any agreement to which they apply are governed in all respects by US law. Any dispute, claim or other matter which arises between us out of or in connection with your contract and booking and our licenses and copyright will be dealt with governed, interpreted, construed, enforced and determined according to the General Maritime law of the United States and where not inconsistent, the laws of the State of California and if any lawsuits are filed, they shall be only filed and adjudicated in the United States District Court for the Southern District of California, to the exclusion of any other court or tribunal.by the Courts US and the State of California only.