Overview of the program

Customers who make a Qualifying Purchase as defined below are eligible to enroll in the Program. The following Terms and Conditions are specific to the Program, together with Hornblower’s Terms of Use and Privacy Policy (both of which are incorporated herein by reference) (the Terms and Conditions, Terms of Use, and Privacy Policy are, collectively, the “Terms”), together govern participation in the Program and Hornblower’s use of personal information provided under the Program. Hornblower Group, Inc. reserves the right to modify or cancel the Program at any time.

Eligibility

Residents of the U.S., Canada, the United Kingdom and the European Union, age 18 years and older who make a Qualifying Purchase are eligible to join the Program and become Members.

Earning Points

 

  1. A “Qualifying Purchase” means a purchase of any public Hornblower excursion offered for sale: (i) online at Hornblower.com; (ii) through the Hornblower apps; (iii) at a Hornblower ticket booth; or (iv) for a Hornblower purchase through Hornblower’s call center. A Qualifying Purchase does not include sales tax, landing or other fees, insurance, assurance, onboard purchases, or any portion of the transaction paid for with points and does not include any excursion purchased through Hornblower’s charter or group sales or a Non-Participating Website. “A Non-Participating Website” means any of the following websites:
    a. https://www.spiritcruises.com/
    b. https://www.bateauxnewyork.com/new-york-metro
    c. https://www.odysseycruises.com/
    d. https://www.hornblower.com/baltimore/
    e. https://www.hornblower.com/boston/
    f. https://www.hornblower.com/chicago/
    g. https://www.hornblower.com/norfolk/
    h. https://www.hornblower.com/toronto/
    i. https://www.hornblower.com/philadelphia/
    j. https://www.hornblower.com/washington-dc/
    k. https://www.potomacriverboatco.com/
    l. https://ganboatline.com/
    m. https://mariposacruises.com/
    n. https://www.classiccablecar.com/
    o. https://www.citycruises.com/
  2. Members earn one (1) point for every net dollar spent (rounded to the nearest whole dollar) on all Qualifying Purchases. Points will post to the corresponding account within 24 hours after a Qualifying Purchase and will be Pending until the event/sail date, upon which they will become Active. Points will be available and in Active status for redemption after that date for a period of one (1) year.
  3. Points are earned on the net amount of the transaction after any discounts and excluding the items above. Points cannot be earned on any transaction with a $0 total (i.e. Groupon transactions, Admiral’s Passes, military tickets).
  4. Points expire twelve (12) months after the date they become Active.
  5. Points may only be earned on Qualifying Purchases. Points may only be earned on Qualifying Purchases, or Hornblower stated offers and sign ups.
    1. For points earned through offers are available for use 30 days after sign up date.

 

Redeeming Points

 

  1. Points may be redeemed once they are Active. Active points will be automatically added to the customer account and when a customer is logged in will appear in checkout for use once they are Active.
    1. Points earned through offers or sign up can be redeemed 30 days after the sign up date.
  2. Points will be redeemed at a ratio of ten (10) points to offset one (1) dollar in purchase value and can be applied to purchases online at Hornblower.com, via the Hornblower apps, at Hornblower ticket booths or via our call center for Hornblower events and experiences.
  3. Points cannot be redeemed in the same transaction in which they are earned. Points may be redeemed after they become Active (day after sail date/event date).
  4. Points may be redeemed on ticket purchases, upgrades and experiences. Points may not be redeemed on: sales tax, landing or other fees, insurance, assurance, or onboard purchases.
  5. If points are redeemed on a transaction and then the transaction is canceled, points will not be added back to the customer’s account unless the customer has purchased Assurance or the cancellation is a result of Hornblower’s actions. If points are redeemed on a transaction and the transaction amount is refunded, the dollar value of the points will not be refunded.

 

General Terms

 

  1. Limit one (1) Membership per person, email address and phone number. If there is a dispute regarding ownership of the email address or phone number used to enroll in a Membership, the owner will be deemed to be the natural person who is assigned to the submitted email address or phone number by a phone company, an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning phone numbers or email addresses for the domain associated with the submitted email address. Member is responsible for providing correct email address and phone number, as well as updating email address and phone number used in the Program should either change.
  2. The Program sends transactional relationship communications related to Membership including but not limited to the following: welcome email; recurring Membership status statements and/or updates; reminder of upcoming expiration of earned points; etc. via email, push notifications and/or personalized messages on the site or in the app. To not receive these transactional communications, Member must cancel their Membership. These transactional communications will be in addition to any Program marketing or brand marketing emails Member may have also subscribed to receive.
  3. By signing up for the Program, Member will also be signed up to receive marketing emails. To not receive these marketing emails, click on the self-service unsubscribe link found in the footer of any marketing email, or follow the instructions listed in the Privacy Policy. This process needs to be completed for each brand’s marketing emails which the Member wishes to unsubscribe from.
  4. To cancel a Membership, please call Customer Service at 1-888-467-6256. Also, for any customer service issues about the Program please contact [email protected] or 1-888-467-6256.
  5. Hornblower Group, Inc. reserves in its sole discretion the right to remove earned points, as well as prevent from enrolling in, suspend, and/or remove from the Program, any person for any reason, including suspected re-sellers and/or wholesales, or in the event of any suspected fraud, abuse, or misuse in connection with this Program.
  6. Points have no cash value, are purely promotional, expire as one year following the date they become Active (as indicated above), cannot be combined among Members, are not transferable to anyone else or any other Membership in any capacity for any reason, and may only be used by Member for personal benefit.
  7. Hornblower Group, Inc. reserves the right to change, suspend, or terminate the Program or any of its associated Terms (including terms regarding earning points and/or Certificates) at any time and in any manner with or without notice. Any subsequent Terms supersede prior versions. Any unused points or unredeemed Certificates are forfeited if Membership is cancelled, terminated or otherwise closed, or upon Program termination.

 

Release of Liability

By agreeing to participate in the Program, Members release Hornblower Group, Inc., its parent and subsidiaries and affiliate entities, and their respective, directors, officers, employees and agents (the “Released Parties”) from all liability with respect to the Program, the misdirection or misuse of points, or the use of any points by an individual other than the Member. By participating in the Program, Members hereby release the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees), whether known, unknown, suspected unsuspected, disclosed, relating to participation in the Program, use of the Program and its benefits, or agreement to these terms.

For New Jersey residents: Nothing herein precludes recovery of damages or attorneys’ fees to the extent mandated by statute.

For California Residents: You waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.“

Disclaimer
EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, HORNBLOWER GROUP, INC. DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SERVICES OR OTHER SUBJECT MATTER UNDER THESE TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. HORNBLOWER GROUP, INC. DOES NOT GUARANTEE THAT THE PROGRAM WILL BE ALWAYS AVAILABLE, ACCESSIBLE, TIMELY, OR ERROR-FREE.

Dispute resolution and Arbitration Agreement

INITIAL DISPUTE RESOLUTION
We are available by email at [email protected] to address any concerns you may have regarding your participation in the program. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
BINDING ARBITRATION AGREEMENT

If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Online Services shall be finally settled by binding arbitration administered by JAMS on a non-confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Checkers will pay the additional cost. A request for payment of fees should be submitted to JAMS along with your form for initiating the arbitration, and Checkers will make arrangements to pay all necessary fees directly to JAMS. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of
arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

CLASS ACTION WAIVER
The parties further agree that any arbitration—and any suit that, for any reason whatsoever, is deemed not covered by or subject to the above arbitration agreement—shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph within the context of disputes subject to arbitration is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
EXCEPTION – SMALL CLAIMS COURT CLAIMS
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
EXCEPTION—CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT (PAGA) ACTION.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act
30 DAY RIGHT TO OPT OUT
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to the following email address: [email protected] The notice must be sent within thirty (30) days of your initial participation in the Program, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
EXCLUSIVE VENUE FOR LITIGATION
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in San Francisco, CA (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in San Francisco, California, for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in San Francisco, California, for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of San Francisco, California, over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Program, and (b) any acts or omissions of any of the Covered Entities in connection with these Terms or the Program.

Termination

With the exception of the Arbitration Agreement, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by either you or Hornblower Group, Inc.. You may terminate this Agreement at any time by cancelling your Membership. Hornblower Group, Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Program, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

General

This Agreement shall be governed by the laws of the State of California without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Hornblower Group, Inc.’s right to require strict observance of each of the Terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Program.