MEMBERSHIP TERMS AND CONDITIONS
I.CLUB: The HORIZON CLUB and its active members.
II.HOST MEMBER: The HORIZON CLUB member owning a home that is being visited by a Guest member with a confirmed reservation.
III.GUEST MEMBER: The HORIZON CLUB member who has a confirmed reservation to stay at the home of the Host member
IV.ACTIVE MEMBER: A member who has been admitted to the club and acts pursuant to the guidelines of club behavior
VIII.HORIZON CREDITS: The currency used in the HORIZON CLUB system. Horizon Credits are earned by making deposits of available stays in your home for other members’ use.
As a Host Member and Guest Member of PINTRAIL bvba, doing business as HORIZON CLUB, you understand, consent and agree to the following terms and, in doing so, you agree to review these Terms and Conditions, and all amendments thereto, each time you deposit and/or book property with HORIZON CLUB, and in connection therewith, to endorse such amendments as a condition to the continuation of your Membership (for Host Members and Guest Members):
A. HORIZON CLUB'S ROLE
Members acknowledge that HORIZON CLUB is in no way acting as an agent to any party, for any purpose, or as a real estate broker or agent for any property. Instead, HORIZON CLUB provides a database of vacation homes for Members to view, as more fully described in Section B, below. HORIZON CLUB receives nominal fees for its web and customer services, pursuant to the fee schedules, herein. You understand and agree that HORIZON CLUB is not a party to any agreement entered into between Host Member and Guest Member through these Services, nor is Horizon an agent or insurer. Horizon has no control over the conduct of Host Members, Guests Members and/or other users of the Website, and disclaims all liability in this regard to the maximum extent permitted by law.
B. HORIZON CREDITS
(1) As the owner of an accepted property, you then become an approved member of HORIZON CLUB. To become active, members need to deposit at least one week into the club for other members to use. This action provides the member with credits in the form of "Horizon Credits" that can then be used on available properties in the club.
II. Horizon Credits
(1) As a Member, the ability to use another home or property in the program is granted by the acquisition, and then utilization of "Horizon Credits".
- Horizon Credits can be acquired through multiple ways:
- When a host member registers and confirms their annual registration by depositing time on the platform of HORIZON CLUB
Upon initial registration of their property and upon annual renewal of their registration, the new member or already active member will receive his annual registration Horizon Credits - a first amount of credits that will enable him to start booking properties of other members on the platform.
The amount of Horizon Credits will be allocated by a Horizon administrator after registration and will be credited to the account of the new member. The amount is calculated based on the rental value of the property as well as the number of weeks deposited on the platform.
To deposit time, Members use the Calendar facility on their account. Members select and make deposits.
These Horizon Credits are then instantly credited to their account. Credited Horizon Credits are then immediately available for Members to use, in order to book other properties in the club. All Horizon Credits acquired in this method by a Member can be used regardless of whether their deposited stays are booked by other Members.
Unlike the other ways of acquiring Horizon Credit, the Annual Registration Horizon Credits have a limited validity of 12 months.
- When hosting people in your holiday home
When setting up an account the host member can decide on the rental value - expressed in Horizon Credits - they would like to receive per week in function of the seasonality offered. When a guest member confirms a stay at the home of the host member, the amount of corresponding Horizon Credits will be transferred from the account of the guest member to the account of the host member. The more the host member is able to rent their property through Horizon Club, the more Horizon Credits they are building up for their next holidays.
There is no validity limit on the Horizon Credits you acquire through hosting people in your holiday home.
- When referring new people to the platform
Active members can refer Horizon Club to friends or relationships by sending a mail via the Horizon platform. When recommending friends and other potential interested new members with a second home, and these end up registering and being accepted on the Horizon platform, the active member will receive 15 Horizon Credits credited to their account.
There is no validity limit on the Horizon Credits you acquire through referring people to the HORIZON CLUB platform.
- Opportunity to buy additional Horizon Credits
If an active member has found their dream destination and property but lack a few Horizon Credits to finalize the booking, Horizon Club gives the opportunity to buy additional credits, with a maximum of 30% of their total Horizon Credits you have on your account balance. For these additional Horizon Credits the active member will pay 20€ per extra Horizon Credit.
There is no validity limit on the Horizon Credits you acquire through the purchase of a limited amount of extra Horizon Credits.
(3) Once a stay is deposited into HORIZON CLUB, it is mandatory that the Host Member blocks it out for Guest Member use. If a HORIZON CLUB Member reserves one of your deposited stays, you are contractually bound to honor the reservation and allow the Member to stay in your property for that booked period.
(4) If a HORIZON CLUB Member has not reserved a stay, Host Members can withdraw the stay for personal use or for conventional renting as long as the stay is replaced by an equivalent stay in that same year. Under no circumstances can a Host Member withdraw a stay at any time that has been booked by another member. The withdrawal of a stay in these circumstances will be deemed a “Non-honored” booking and as such subject to the restitution process outlined below.
(5) For clarity, there are no time constraints on the ability to withdraw deposited stays, as long as these have not been booked by other Members and as long as they are replaced by other stays of equivalent duration.
(6) Once another HORIZON CLUB Member has booked a stay, Host Members are contractually bound to honor the agreement. An electronic confirmation will be provided to both Host and Guest Members when the Guest Member reserves a stay and the relevant fees are paid to HORIZON CLUB. On booking, the agreed number of Horizon Credits is automatically debited from the Guest Member's account and transferred to the Host Member’s account.
(7) HORIZON CLUB reserves the right to modify (upward or downward) the number of Horizon Credits Host Members receive for a particular deposited stay upon registration or annual confirmation of registration. HORIZON CLUB reserves the right to modify its valuation formula from time to time.
(8) A Member is permitted to let close friends and family benefit from their membership to the Club. However, you agree to be wholly and solely responsible for the actions and conduct of your guests while they are staying in another member's home. In all cases, the primary guest must be 25 years of age or older when not accompanied by the Member. As the Guest Member, you are responsible for obtaining consent from the Host Member for others to use the booking you have made in their property. This is to be done in the form of a written request by the Guest Member to the Host Member and the Host Member needs to agree to such provisions. Such permissions cannot be unreasonably withheld by the Host Member.
(9) HORIZON CLUB reserves the right, at its own discretion to reverse any reservations or deposits that are intended to game the system or incentives. HORIZON CLUB members are not permitted to book their own property or stay deposits.
(1) There is no required annual membership fee. Members may choose to be in the Member’s Club and pay no annual fee.
(2) Members shall pay service fees for each stay reserved. These Fees are valued at 10% of the equivalent rental value of that stay. 1 Horizon Credit represents 100€ of rental value. A Guest Member booking a property on the platform valued by it’s Host Member at 20 Horizon Credits for a particular week, will pay 10% of 20 x 100€= 200€.
(3) HORIZON CLUB may change the fees for initiation, ongoing membership, and exchanges at any time.
(4) To remain an active participant in the HORIZON CLUB, Members are required to deposit at least one (1) week stay per 12-month period. A Member’s 12-month period is tracked based upon the date the Member is approved (Membership anniversary). Members will receive a reminder email notification 60-days prior to their anniversary date if a stay deposit has not been made. If at least one (1) week stay is not deposited within the 12-month period, the account will go into a suspended status. During the suspended status, no further trips may be booked until a stay is deposited. Trips booked prior to entering suspended status will not be affected.
C. HOST MEMBERS
I. Home Representations
(1) As a Host Member, you warrant that the representation of your home(s) on the Club website accurately depicts your property, facilities, services and amenities on offer through the description and photographs you provide to HORIZON CLUB. You likewise warrant and represent that all photographs are current, and that they accurately portray your property’s current condition and that you have the rights or the requisite consent to use the photography in this manner.
(2) The rental value of your home determines the number of "Horizon Credits" that you will request per booked stay. Therefore, you acknowledge that it is important that you accurately represent the true and current value of your property (ies), in the "current" economic climate. This true value is the actual rental value that your property would rent for in a particular season of the year.
(3) HORIZON CLUB retains the right to adjust your property’s (ies) rental value should they feel as though it is over or under represented in the Club. Adjustment may also be necessary if the home generates low booking interest at its then current valuation. You acknowledge that if your property has been found to be misrepresented then all currently retained registration Horizon Credits will be adjusted to the revised value. If you are in disagreement with the findings of the reevaluation process, you retain the right to remove the property from the club. Such action will result in the withdrawal of any outstanding Horizon Credits related to that particular property. The club will retain any fees already paid to HORIZON CLUB. Any outstanding reserved stays that were booked using the Horizon Credits granted from that property will be honored by HORIZON CLUB. In the same vein, all outstanding booked stays in the property in question are to be honored by the Host Member. You acknowledge that if you misrepresent your property, your Membership is subject to forfeiture. HORIZON CLUB retains the right to cancel your Membership and to revoke any Horizon Credits in your account, in the event of a misrepresentation.
(4) The attractiveness and completeness of your property page listing directly impacts the appeal to other members. Accordingly, HORIZON CLUB reserves the right at any time to request that a member add or replace photographs, or enhance their property details.
II. Rental Income
(1) HORIZON CLUB exchange is not a rental program and therefore does not allow a Member to receive rental income for use of Horizon Credits or the bookings they have made. Nor can the Member transfer, trade or sell the above for value. Receipt of rental income, or transferring Horizon Credits or reservations beyond the terms of the club, subjects the Host Member to forfeiture of both their Membership and any Horizon Credits in their account.
(2) In like manner, no Host Member is permitted to charge or require security deposits from a Guest Member at any time or under any circumstances.
(3) HORIZON CLUB has the right to terminate Membership and take back any Horizon Credits if any form of rent or unauthorized charge is obtained by the Host Member that was not clearly stated in the property description on the HORIZON CLUB website or clearly communicated in writing to the Guest Member.
III. Property Services and Furnishings
(1) As a Host Member, you warrant and agree that all ordinary and customary services will be made available to the Guest Member including, but not limited to, electricity, gas, water, sewage treatment and that all customary appliances provided in the home are in good and working order.
(2) The Host Member also agrees to make any necessary arrangements to provide the Guest Member with access to the normal amenities associated with the property. If extra services are available or required with an extra expense to the Guest Member, then Host Member agrees to notify HORIZON CLUB of these service charges, in order to be approved by HORIZON CLUB, in advance, and posted thereafter on the Host Member’s property page. Host Members cannot under any circumstances charge Guest Members for services that that have not been outlined on their property’s description. Such action could result in the forfeiture of both membership and any Horizon Credits in your account.
(3) The Host Member warrants and represents that the property is appropriately furnished to the level outlined in the description for Guest Members to fully enjoy their vacation experience including linens, cooking utensils and customary supplies. Failure to furnish appropriately for the property for Guest Members could subject the Host Member to forfeiture of both their Membership and any Horizon Credits earned.
(4) A Host Member is likewise responsible for providing adequate information to a Guest Member and agrees to provide such, for information related to, but not limited to, security systems or security measures, AC/heating system, entertainment systems and appliances.
(5) It is the responsibility of the Host Member to maintain the landscaping, pool, driveway and exterior, where appropriate.
(6) Host Member further agrees to have current appropriate Home Owners Insurance to provide customary coverage for Guest Members, including coverage for any non-paying invitees staying in their home. Host Member agrees to provide Proof of Insurance to HORIZON CLUB, if requested (most Home Owners Insurance automatically covers guests staying at your property, but this needs to be checked and verified by the Host Member).
(7) As a Host Member, you further agree to have your property clean and ready for occupancy by the Guest Member, upon arrival. HORIZON CLUB maintains a clean property policy. There are no exceptions to this rule; failure to adhere to this policy subjects the Host Member to forfeiture of both their Membership and any Horizon Credits earned. The Host Member is also responsible for cleaning the property, following the Guest Member's departure. If as a Host Member you offer daily maid service or mid-stay cleaning, this can be offered at a cost to the Guest Member, but such costs must be outlined on your property’s description page prior to a reservation.
(8) Host Member understands that each Guest Member is responsible for damages while they occupy a Host Member’s property; however, if for any reason the Guest Member does not take full responsibility, HORIZON CLUB will reimburse Host Member for up to 5.000€ for accidental damages incurred while Guest Member is a guest to the extent caused by Guest Member and to the extent not otherwise covered by Host Member’s insurance policy.
As a benefit to its Host Members, HORIZON CLUB provides its Host Guarantee, with limit of 5.000€, free of charge and for all members. The details of the benefits of Horizon Club Host’s Guarantee are outlined in the HORIZON CLUB Host Guarantee Terms and Conditions, which outline the benefits of this plan and which set forth the easy to follow protocol to submit a Payment Request Form and a Proof of Loss Form for covered losses.
(9) Host Members are not permitted to cancel any booked stays in their property for any reason. If a Host Member chooses not to honor a booking, a refund of all Horizon Credits will be made to the Guest Member. In this instance, by way of restitution, the Host Member is responsible for the refund of the credits to the Guest Member via HORIZON CLUB, as well as for any costs incurred by the Guest Member in relation to the booking. Failure to pay such costs, upon demand, shall subject a Host Member to forfeiture of their Membership and any Horizon Credits earned. Member agrees to be financially responsible for all consequential damages sustained by a Guest Member resulting from the failure or refusal of a Member to make available a home to a Guest Member following the completion of a confirmed reservation. Such costs explicitly include, but are not limited to air travel cancellation fees or change fees, and/or the cost to secure alternate equivalent accommodations at the destination on those dates.
IV. SURVEILLANCE DEVICES
Host Members are required to disclose all surveillance devices on their property page listings, and HORIZON CLUB prohibits any surveillance devices in certain private spaces (such as, but not limited to, bedrooms and bathrooms) regardless of whether they have been disclosed. In addition, Host Members should ensure that use of surveillance equipment is consistent with applicable local laws and regulations.
If you are a Host Member and have any type of surveillance device in or around your property, even if not turned on or hooked up, we require that you let Guest Members know by including this information clearly on your property page description.
Failure to disclose all surveillance devices to Guest Members could subject the Host Member to forfeiture of both their Membership and any Horizon Credits earned.
A surveillance device is considered to be any mechanism that can be used to capture or transmit audio, video, or still images. This includes, but is not limited to, Wi-Fi cameras (e.g. Nest Cam), nanny cameras, web cameras in computer monitors, baby monitors, mounted or installed surveillance systems, and smartphones with video and/or audio recording capabilities.
V. Right to Inspection
HORIZON CLUB occasionally has inspectors stay in Member homes for the purpose of inspecting the property and writing comments. This practice benefits all Members and allows HORIZON CLUB to maintain the highest industry standards. Each inspector or associated individual follows the same Member Terms and Conditions, and agrees to treat a home just as any other Member. In case of an inspector staying at a Host Member’s property, this Host Member will be credited by Horizon Club the corresponding amount of Horizon Credits. You hereby consent and agree to allow such guests to reserve stays at your property for such inspections and/or visits, under the same terms as any Member.
If a Guest Member cancels their reservation, for any reason, there are no refunds available to the Guest Member of either fees or Horizon Credits. HORIZON CLUB has tried to make this program as flexible as possible for owners/Members and this policy is in the best interests for both Host and Guest Member. In the event of a Guest Member cancelling, it is their responsibility to notify the Host Member and HORIZON CLUB. HORIZON CLUB will re-post the stay for other members to potentially reserve and in the event that it is reserved, the Guest Member will receive a refund of their Horizon Credits. Any fees paid to HORIZON CLUB are non-refundable and no credits will be granted.
VII. Host Communication
As a host, you agree to allow the guest member to contact you directly via email, phone or other method of communication regarding all reservations.
D. GUEST MEMBERS
I. Property Responsibilities
(1) While you are not responsible for cleaning of linens and floors, as a Guest Member, you do agree to leave the property in the state that you found it.
(2) Guest Members are not required to perform routine cleaning of the property that would ordinarily be performed by a cleaning or maid service. However, it is the responsibility of the Guest Member while at the property to be environmentally and financially conscious with the use of energy (heating or AC) and water.
(3) Guest Members are fully responsible for the activities and actions of those who use the Host Member's property during the dates of the reservation including family members, guests and invitees.
(1) Guest Member agrees to indemnify and hold harmless the Host Member, members of the Host Member's family, and HORIZON CLUB against any and all claims, damages, costs and other expenses including attorney fees, arising out of, or otherwise related to, any death, personal injury or property damage arising out of the use of the property by Guest Member, Guest Member's family or invitees of Guest Member, unless caused by the gross negligence or intentional misconduct of the Host Member.
(2) As a Guest Member, you agree to be financially responsible for any damages caused to the property, whether caused by you, your family members, guests, or invitees. HORIZON CLUB requires that each Guest Member reimburse the Host Member for any and all such damages that may be caused by their stay; however, if for any reason the Guest Member does not take full responsibility, HORIZON CLUB will try to mediate to find an acceptable solution. Should HORIZON CLUB have to do this, the Guest Members rights and privileges as a member shall be forfeited, and result in the loss of any Horizon Credits in your account. In addition and in this situation, the Guest Members are also liable for any legal costs incurred by HORIZON CLUB as part of this restitution process.
Although care has been taken to ensure the accuracy of the information on this Website, Horizon assumes no responsibility therefor. ALL CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”.
HORIZON CLUB HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, OR THE CONTENT. HORIZON CLUB does not warrant or make any representations as to the security of this Website, nor that the Website or the Content or the servers which make this Website or the Content available will be and remain available, uninterrupted and error-free or electronic communications sent by Horizon are free from viruses or any other harmful elements.
HORIZON CLUB is liable only for direct damages incurred by a Member as a result of wilful misconduct (“opzet”) or gross negligence (“grove schuld”) by Horizon. In the event of an occurrence that leads to liability for HORIZON CLUB, the maximum liability of HORIZON CLUB is limited to the amount HORIZON CLUB will be paid for the transaction, with a maximum of EUR 1 000.-
IN NO EVENT SHALL HORIZON CLUB BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, THE SERVICES OR THE CONTENT, EVEN IF HORIZON CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST HORIZON CLUB PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE, THE SERVICES OR CONTENT MUST BE COMMENCED AND NOTIFIED TO HORIZON IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
If you live in a country or state that does not allow (part of) the foregoing exclusions or limitations of liability or any part of the disclaimers of warranties above, such exclusions or limitations will apply to you only to the extent such exclusions or limitations are allowed and they shall be limited to the extent required by applicable law.
The Guest Member will accurately report, in advance, the number of people staying in the property (whether family or as invitees) and agrees not to exceed the property’s occupancy number (sleep number). Anytime before or during a reservation that the Guest Member’s party exceeds maximum number allowed or agreed, the Host Member reserves the right to cancel the reservation and the Guest Member will have to seek alternative accommodation at their own cost. In these instances, the Host Member may be willing to allow the booking to continue on the condition that a number of the party are accommodated elsewhere to conform to the maximum allowable occupancy. This will be at the discretion of the Host Member and proof will need to be provided that the maximum agreed occupancy has been exceeded.
No pets are allowed unless the property description specifically allows for pets. Your confirmation must state that pets are allowed. Upon receipt thereof, the Host Member is to be notified by a Guest Member of the Guest Member's intention to bring pets, as well, of the types/breed of such pets. Any violation of this policy could result in the forfeiture of Membership and any Horizon Credits. If pets are allowed and agreed to by both parties, the owner of the pet is responsible for the yard cleanup of any pet "deposits."
Service animals are permitted so long as the Host Member has granted permission. A Guest Member or Member’s of their party are not permitted to stay at a Host Members property with a service animal without the requisite permissions from the Host Member.
V. Occupancy and Other Use Restrictions
(1) HORIZON CLUB maintains a strict No Smoking Policy for all properties. No exceptions. The No Smoking Policy extends to, and includes in and around the home, and prohibits the discarding of cigarette butts at, on or anywhere near the premises.
(2) Long distance phone calls are prohibited, and such calls will not be made from the Host Member's property, where a charge may result to the Host Member. All long distance calls should be made via the Guest Member's cell phone, or charged to the Guest Member’s credit card or as a collect call. Unauthorized violation of this policy could result in the termination of Membership privileges.
(3) As a guest, you agree to allow the host member to contact you directly via email, phone or other method of communication regarding all reservations.
VI. Arrival and Departure Policies
(1) Guest Member agrees to leave the property on or before the ending date outlined in the confirmation agreement, and in the same good condition as when they arrived.
(2) Guest Member will immediately return any Horizon Credits or security codes to the Host Member in the fashion requested by the Host Member.
(3) Following any stay, Members agree to provide feedback to HORIZON CLUB via the HORIZON CLUB website. The Guest Member should provide details about the property and their experience. This way, Members will have more information about the properties prior to booking an exchange.
E. Member Conduct
HORIZON CLUB has the right to terminate Membership for any conduct by a Host Member or Guest Member that is deemed detrimental to the reputation and character of HORIZON CLUB. Such conduct may include, but is not limited to; inappropriate, violent or abusive behavior toward individuals, Members, employees of HORIZON CLUB, and employees of HORIZON CLUB partners, whether relating to a HORIZON CLUB booking or not, and willful removal, damage or destruction of any property during a HORIZON CLUB booking. A terminated membership will result in the immediate cancellation of all future bookings, and forfeiture of all membership benefits including; Horizon Credits, monetary credits and access to the Member section of the HORIZON CLUB website.
F. HORIZON CLUB'S WEBSITE
(1) HORIZON CLUB’S website www.horizonclub.eu is owned, controlled and operated by Pintrail bvba. Any reproduction of the site, without the expressed written permission of HORIZON CLUB is strictly prohibited and punishable by law. All content on the website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyright, trademark, service mark, and/or other intellectual property laws, and are owned and controlled by Pintrail bvba.
(2) Any photos or descriptions submitted by a Member become the property of Pintrail bvba. You represent and warrant to us that the information posted by you including any photographs, is posted by you and that you are the exclusive author of the information and the exclusive owner of the photographs. In doing so, you assign to us, with full title guarantee, all copyrights with respect to any information and photographs which you post, and any additional information sent to us at any time in connection with your use of the service. As a member, you agree to indemnify and hold harmless HORIZON CLUB, and take full financial responsibility, for any fines levied on HORIZON CLUB, or any costs incurred by HORIZON CLUB, as a result of the photos you place on the site. You agree to immediately reimburse HORIZON CLUB for any damages we incur as a result of the photos you post.
II. Content Use
(1) Members may only use the website to make exchanges or bookings, and not for any other purpose, including without limitation, making speculative, false or fraudulent exchanges.
(2) Members may print a copy of the content and/or information contained on the website, but only for personal, non-commercial use. Under no circumstances may you copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use, without the prior written consent of PINTRAIL bvba.
(3) The name HORIZON CLUB and its logo are registered trademarks of PINTRAIL bvba. Any use, without the written permission of the company, is strictly prohibited.
(4) You absolutely and without condition waive any and all rights to be identified as an author of HORIZON CLUB’s website information, or the owner of any photograph(s) posted by you, and any similar rights are equally waived, in any and all jurisdictions, domestic or abroad.
(5) Other Members may not post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given express written permission, Members will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, photographs or content on the service, you automatically represent and warrant that you have, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
III. Posting of digital files and Communications
This Website provides the possibility for Members to post digital files and/or to communicate with, or otherwise share information with other Members (“Content”). Therefore, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal Content while connected to or otherwise directly or indirectly using this Website or Services. Transmission of such material or any material that violates any law in the Kingdom of Belgium or anywhere else in the world is strictly prohibited and shall constitute a material breach of this Agreement entitling Horizon to immediately terminate all your rights to access to this Website. You are solely responsible for all information, which you submit, publish, display, disseminate or otherwise communicate through this Website. You agree that all messages and other communications by you shall be deemed to be readily accessible to all other Members and you agree that all such messages and other communications shall not be deemed to be private or secure.
You acknowledge that HORIZON CLUB reserves the right to, and may (from time to time) monitor any and all activity or information transmitted or received through this Website. HORIZON CLUB in their sole discretion and without further notice, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which HORIZON CLUB deem inappropriate or that violates this Agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this Website, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this Website may be prosecuted to the full extent of the law.
Members agree that HORIZON CLUB may, in their sole discretion, deny you access to the Website and disable any login name and password associated with you for any reason, including, without limitation, if HORIZON CLUB believes that you have violated or acted inconsistently with this Agreement. HORIZON CLUB reserves the right at any time to modify or discontinue, temporarily or permanently, the Services offered under this Website (or any part thereof) with or without notice. You agree that HORIZON CLUB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services offered.
G. WAIVERS AND DISCLAIMERS APPLICABLE TO HORIZON CLUB
(1) In no event will HORIZON CLUB, its employees, officers, directors, advisory board members, agents or affiliated companies (i.e., any Sponsors, Partners, Real Estate Developers, Home Owners Associations, Individuals or Real Estate Sales and Marketing companies that have a business relationship with HORIZON CLUB) be liable to Host Members, Guest Members, or any family members or other guests regardless of the form or nature of the claim or action, whether under the exchange agreement, in warranty, in contract, in negligence, strict liability or otherwise, for an amount that exceeds the exchange fee paid by Guest Members. Accordingly, both Host Member and Guest Member waive any such claim or right and agree to the aforementioned monetary limitation, as a condition to Membership.
(2) In no event will HORIZON CLUB, its employees, officers, directors, contractors, agents or affiliated companies (i.e., any Sponsors, Partners, Real Estate Developers, Home Owners Associations, Individuals or Real Estate Sales and Marketing companies that have a business relationship with HORIZON CLUB) be liable to Host Members, Guest Members, or any family members or guests for any special, indirect, incidental, consequential or punitive damages. Accordingly, both Host Member and Guest Member waive any such claims or rights and agree to such, as a condition to Membership.
(3) The above limitations do not apply to any claims arising from the intentional misconduct of HORIZON CLUB.
(1) The Belgian Court authorities shall be the exclusive laws governing this Agreement and any legal action against HORIZON CLUB must take place in the courts of Belgium. Accordingly, both Host Members and Guest Members agree to said laws and additionally, they consent to the jurisdiction of that forum.
(2) Any cost of a court action initiated against HORIZON CLUB in which HORIZON CLUB prevails, shall be paid for by the initiator, including attorneys’ fees and court costs.
(3) Host Members and Guest Members acknowledge that the warranties and representations provided by them herein are material warranties and representations and constitute a material foundation upon which HORIZON CLUB operates its Exchange Program. Accordingly, the failure by the Member to honor or comply with such warranties and representations shall constitute a material breach of the Exchange Program. In like manner, the remaining duties and obligations set forth herein, and agreed to by all Members, constitute material provisions of the Exchange Program. Accordingly, failure to honor any such provisions by a Host Member or a Guest Member shall likewise constitute a material breach of this Agreement.
(4) Failure to honor the warranties, representations, duties and obligations set forth herein shall subject a Member to forfeiture of both their Membership and any HORIZON CLUB Credits in their account.
As a Host Member and Guest Member of HORIZON CLUB, you understand, consent and agree to all of these Terms and Conditions. HORIZON CLUB reserves the right to amend and modify these Terms and Conditions, from time to time. With regard to amendments, Members additionally agree to the following:
K. HOST MEMBERS
Each time, upon depositing stays with HORIZON CLUB, Host Members agree, that in doing so, to re-visit and review HORIZON CLUB’s Terms and Conditions in order to endorse any amendments. In depositing stays with HORIZON CLUB, you agree to re-visit, review and ratify the Terms and Conditions, as amended from time to time. Accordingly, you agree that each time you deposit stays with HORIZON CLUB that, in connection therewith, you have re-visited, reviewed and ratified the Terms and Conditions, as amended.
L. GUEST MEMBERS
Each time, upon reserving a property, Guest Members agree, that in doing so, they will re-visit, review and ratify the Terms and Conditions, as amended from time to time in order to endorse any amendments. Accordingly, Guest Members agree that each time they book a property and thereafter use a property that, in connection therewith, you have re-visited, reviewed and ratified these Terms and Conditions, as amended.
M. MEMBER MARKETING
HORIZON CLUB may use your contact information, including but not limited to; cell phone number, primary phone number, primary address, secondary address, email address, etc. to contact you for marketing purposes. As a Member, you reserve the right to opt-out of HORIZON CLUB marketing messages and materials by contacting the Member Experience Team.
© 2019 Pintrail bvba. All rights reserved.
Version date 04/11/2019
Christophe Van Coppenolle
Bestuurder Pintrail bvba (VAT 0567.541.951)
Donk 2, 2650 Edegem, Belgium