Revision Date: 12/11/2019
Welcome to Sightseeing Bus NYC (or, “SBNYC”) and our Terms and Conditions. These terms and conditions are important and affect your legal rights, so please read them carefully. Note that our terms and conditions contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
By (a) accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided by or on behalf of SBNYC or our subsidiaries or other affiliates (collectively, “SBNYC,” “we,” “us” or “our”) that link to these terms and conditions or (b) ordering, receiving or using any sightseeing tour bus or bus ride, boat cruise or tour, bike rental or bike tour (hereinafter referred to as “Services”) offered by SBNYC through the Sites, street ticket sellers or through any third party retailer, online or e-commerce platform, mobile application, blog or other third party channel (collectively, "Third Party Channels") ((a) and (b) together, the "Products"), you agree to be bound by these Terms and all of the terms incorporated herein by reference, including our privacy policy. If you do not agree to these terms and conditions, you may not access or use the Sites, order, receive or use the Products.
These terms and conditions do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, Services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these terms and conditions.
SBNYC reserves the right to change or modify these terms and conditions at any time and in our sole discretion. If we make changes to these terms and conditions, we will provide notice through the Sites or updating the “Revision Date” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised terms and conditions and all of the terms incorporated therein by reference. We encourage you to review the terms and conditions frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised terms and conditions, you may not access or use the Sites or order, receive or use the Products.
LIABILITY AND WARRANTIES DISCLAIMER
By accessing or using the websites and mobile applications provided by or on behalf of SBNYC or our subsidiaries or other affiliates or ordering, receiving or using any Services offered by SBNYC through the Sites, street ticket sellers or through any third party retailer, online or e-commerce platform, mobile application, blog or other third party channel, I hereby agree to the following:
In consideration of the risk of physical injury, pain, property damage, direct or consequential loss, any other damage, delay, inconvenience, however caused, and any other dangers associated with the participation in a sightseeing tour bus or bus ride, boat cruise or tour, bike rental or bike tour known as the Services operated by the company (hereinafter referred to as “SBNYC”) or any of its affiliates or other third parties, I hereby for myself, my heirs, executors, administrators, assigns, or personal representatives, release, waive and discharge SBNYC, and any of SBNYC’s directors, officers, employees, representatives, and agents from any liability and warranties for and from any and all claims including but not limited to negligence, physical injury, property damage, accidents, illnesses, pain, regardless of severity.
I hereby assert that my participation is voluntary and that I knowingly assume all risks associated with the aforementioned Service, and I waive any and all rights, claims, or causes of action arising out of my participation in the Service.
I agree to indemnify and hold harmless SBNYC for any and all claims, suits or actions of any kind that would be associated with me or anyone on my behalf, including but not limited to legal fees and any related costs that may arise from such actions.
I agree that any dispute, controversy or claim arising out of or in regards to this liability and warranties disclaimer shall be settled by binding arbitration in accordance with the laws of New York State, before a single arbitrator of the American Arbitration Association (“AAA”). The arbitration process including but not limited to payments, administration and fees will be conducted under the AAA regulations and rules.
You and SBNYC agree that any dispute arising out of or related to these terms and conditions or the Services offered by SBNYC is personal to you and SBNYC and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and SBNYC agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and SBNYC agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
I HAVE READ THIS LIABILITY AND WARRANTIES DISCLAIMER, I ACKNOWLEDGED THAT I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO THESE TERMS AND CONDITIONS, AND HAVE AGREED TO THE TERMS AND CONDITIONS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY AGREEMENT TO THESE TERMS AND CONDITIONS TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
TICKETS
The Customer must keep their ticket(s) safe. SBNYC will not issue replacement tickets.
The Customer must show or purchase their ticket as they board. The ticket remains the property of the Company. The Customer must produce each ticket for inspection by an authorized Company Official on demand. The Customer must surrender SBNYC tickets upon demand to an authorized Company Official.
The Customer may not use any SBNYC service without a valid ticket for the entire journey the Customer wishes to make. Customers found traveling without a valid ticket will be charged the full ticket price for a replacement ticket.
A ticket entitles the Customer to use all SBNYC services during operational hours for the duration of the ticket. When the ticket expires the Customer must either leave the tour at the next available opportunity, or purchase another ticket. Extensions will not be given.
A ticket does not guarantee travel on a specific service or at a specific time.
Passengers will only be given one set of headphones per ticket for the duration of the ticket.
All sales are final. There are No Refunds on any used or unused services. There are No Refunds or Exchanges for Lost or Stolen Tickets. On rare occasions due to weather, security, unforeseen acts of nature or/and other conditions beyond our control, SBNYC reserves the right to change or terminate any scheduled tour and assumes no responsibility for delays.
NO RESALE
You are not permitted to resell or otherwise use the Products for commercial purposes.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SBNYC, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “SBNYC Parties”), from and against all actual or alleged SBNYC Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Sites, Content, Products, or Services by you or any third party you authorize to access or use such Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these terms and conditions, and (e) your violation of the rights of another. You agree to promptly notify SBNYC of any third party Claims, cooperate with the SBNYC Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the SBNYC Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SBNYC.
CHILDREN
For all sightseeing tour bus or bus rides, boat cruises or tours, excluding any special events, children under 4 years of age ride for free, provided children are accompanied by an adult and do not occupy a separate seat. Child rates apply to children 4 through 12 years of age. For all cruise events including but not limited to July 4 Cruises, New Year's Eve Cruises, Christmas Cruises, all passengers, including children need to purchase tickets to get admission to the event.
TOUR OPERATION
SBNYC assumes no responsibility for delays in tour operations.
On rare occasions due to weather, security, unforeseen acts of nature or/and other conditions beyond our control, SBNYC reserves the right to change or terminate any scheduled tour.
All vessels are subject to change without prior notice at SBNYC's sole discretion, any such change will not be considered as a cause for refund or any claim whatsoever.
DEPARTURE POINTS AND TIMES
SBNYC endeavors to provide departure points and times for the service that are as accurate as possible. However, we reserve the right to vary such departure points and times without prior notice at any time, as circumstances require.
TOUR ROUTE
SBNYC reserves the right to deviate from the route of a service in the event of a march, parade, or where reasonably prudent to do so in the light of circumstances beyond SBNYC’s control.
BUSES AND BUS SAFETY
For safety reasons, all Customers on the upper deck must remain seated while the bus is in motion. All buses are equipped with CCTV.
While SBNYC endeavors to operate its open-top, double-decker buses, it reserves the right to operate closed-top, double-decker buses from time to time, especially in bad weather. During busy times, SBNYC cannot guarantee seating on either deck. SBNYC reserves the right to refuse access to travel on a particular departure if circumstances threaten tour safety.
REFUNDS
There are no refunds or exchanges for lost or stolen tickets. There are no refunds on any services, used or unused. For example, refunds will not be given for:
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Bad weather, if the bus is operating
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Complaints about traffic or buses taking a long time to arrive
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Long bus lines
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Employee complaints (other than in extraordinary cases, as determined by SBNYC)
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Bus temperature (too hot/too cold)
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Complaints relating to other attractions included in packages
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Audio issues
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Tickets purchased through third parties
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Last-minute trip cancellations
A Customer may receive a refund if:
All refund requests must be made in writing within 14 days of scheduled service, must include a copy of the ticket(s) purchased, and should be e-mailed to our Customer Service Department at customerservice@topviewnyc.com.
Making a refund requests does not guarantee a refund. Where a refund may be given, SBNYC reserves the right to offer a partial refund. SBNYC may charge a 15% administrative fee for each refund.
In the event there is an extraordinary circumstance please contact customer service at customerservice@topviewnyc.com, call (212) 643-0080, or visit our contact page via sightseeingbusnyc.com.
ACCIDENT OR LOSS
Customers are responsible to guard and take care of all personal property. SBNYC is not responsible for lost, stolen, or missing items.
SBNYC does not assume any responsibility or liability for any damage, injury,
loss, inconvenience, traffic conditions, access to sites, delays, additional costs incurred, or any other conditions for any reason pertaining to SBNYC Services.
SBNYC is not liable for any loss, damage, delay, inconvenience, direct or consequential loss, however caused.
GENERAL
SBNYC reserves the right to cancel, change, or substitute any or all offers and/or prices and/or services and/or equipment without prior notice at any time.
DRUGS AND ALCOHOL
The consumption of drugs or alcohol are prohibited on the bus at all times.
CUSTOMER CONDUCT
SBNYC may at its discretion require any Customer to leave a tour if SBNYC deems their conduct a risk to his/her safety or to the safety of other Customers, or offensive or a nuisance to other Customers.
MUSEUM ADMISSIONS
There is no mandatory admission charge for public entry to The Metropolitan Museum of Art and American Museum of Natural History. These museums only suggest, but do not mandate an admission donation. For each entrant to any of these museums, SBNYC makes an agreed upon payment to the museum.
CENTRAL PARK BIKE RENTAL
The 2 hour Central Park bike rental included in passes (except for Attraction Pass) is an extension of any bike rental purchased by customers. To receive the 2 hour extension, customers need to purchase at least 1 hour bike rental.
FREE WIFI
Additional restrictions may apply to the free WiFi service. Offers are subject to change. After the free period, WiFi service is offered starting as low as $4.99.
ATTRACTION ADMISSION
Attraction admission is only included in passes that specify such attractions are included in the "Included With Pass" section, for example, The Metropolitan Museum of Art admission is included in Attraction Pass™ 48 Hours, but not NYC Sightseeing Pass 48 Hours or NYC Downtown Pass. Hop-on hop-off bus tours and other double decker bus tours do not include admission to attractions along the routes.
PROCESSING FEE
A processing fee will be added to the order total. For all passes excluding event cruises, the processing fee is 3.5%. For event cruises, the processing fee is 7%.
EVENTS
All cruises sail regardless of weather conditions.
SBNYC assumes no responsibility for any fireworks or special effect cancellations. Tickets are non-refundable.
On rare occasions due to security, unforeseen acts of nature or / and other conditions beyond SBNYC's control, SBNYC reserves the right to change or terminate any scheduled event.
Event vessels and routes are subject to change without prior notice at SBNYC's sole discretion, any such change will not be considered as a cause for refund or any claim whatsoever.
Event food menu, liquor, and beverage selections are subject to change without prior notice at SBNYC's sole discretion, any such change will not be considered as a cause for refund or any claim whatsoever.
PRIVACY POLICY
SBNYC (“we” or “us” or “our”) respects the privacy of our Customers (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website sightseeingbusnyc.com including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”). Please read this Privacy Policy carefully. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE SITE.
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Revised” date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect on the Site includes:
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Personal Data: Personally identifiable information, such as your name, address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you choose to interact with the Site. You are under no obligation to provide us with personal information of any kind. However, your refusal to do so may prevent you from using certain features of the Site.
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Derivative Data: Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.
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Financial Data: Financial information, such as data related to your payment method (e.g. valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Site. We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor, Authorize.net, and you are encouraged to review their privacy policy and contact them directly for responses to any questions you may have about their privacy policy.
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Data From Contests, Giveaways, and Surveys: Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:
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Send you a newsletter
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Administer sweepstakes, promotions, and contests
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Compile anonymous statistical data and analysis for use internally or with third-parties
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Deliver targeted advertising, coupons, newsletters, and promotions, and other information regarding our website and mobile application to you
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Email you regarding your account or order
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Fulfill and manage purchases, orders, payments, and other transactions related to the Site
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Increase the efficiency and operation of the Site
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Monitor and analyze usage and trends to improve your experience with the Site
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Notify you of updates to the Site
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Offer new products, services, and/or recommendations to you
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Perform other business activities as needed
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Process payments and refunds
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Request feedback and contact you about your use of the Site
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Respond to product and customer service requests
DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
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By Law or to Protect Rights: If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
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Third-Party Service Providers: We may share your information with third parties (such as TripAdvisor) that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, marketing assistance, and sending review solicitation emails.
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Marketing Communications: With your consent, or with an opportunity for you to withdraw consent, we may share your information with third-parties for marketing purposes, as permitted by law.
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Business Partners: We may share your information with our business partners to offer you certain products, services or promotions.
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Other Third-Parties: We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third-parties for marketing purposes, as permitted by law.
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Sale or Bankruptcy: If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third-party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.
We are not responsible for the actions of third-parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third-parties, you are responsible for contacting the third-party directly.
TRACKING TECHNOLOGIES
Cookies and Web Beacons
We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve your experience.
Website Analytics
We may also partner with selected third-party vendors, such as Google Analytics, to allow tracking technologies and remarketing services on the Site through the use of first-party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site, determine the popularity of certain content and better understand online activity. By accessing the Site, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor or Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
THIRD-PARTY WEBSITES
The Site may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Site, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting or providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Site.
GOOGLE MAPS
This website uses Google Maps APIs. You may find the Google Maps APIs Terms of Service here. To better understand Google’s Privacy Policy, please refer to this link. By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service. By using our implementation of the Google Maps APIs, you agree to allow us to gain access to information about you including personally identifiable information (such as usernames) and non-personally identifiable information (such as location). We will be collecting your current location. For a full list of what we use information for, please see the previous sections titled “Use of Your Information” and “Disclosure of Your Information.” We use information about location in conjunction with data from other data providers.
SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
POLICY FOR CHILDREN
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.
CONTACT US
If you have questions or comments about SBNYC’s Privacy Policy, please contact us. You can visit our contact page via sightseeingbusnyc.com
