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Revision Date: 09/27/2022
Welcome to New York Iconic Cruises (or, NY Iconic Tours), please read carefully our terms and conditions are important as they are the grounds upon which transactions with our company by any individual person(s) group(s) and or entity are based, and these affect your legal rights. In these terms and conditions as set therefrom are provisions that contain a mandatory arbitration which 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 New York Iconic Cruises or our subsidiaries or other affiliates (collectively, “New York Iconic Cruises,” “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 (hereinafter referred to as “Services”) offered by New York Iconic Cruises 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.
New York Iconic Cruises 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
By accessing or using the websites and mobile applications provided by or on behalf of New York Iconic Cruises or our subsidiaries or other affiliates or ordering, receiving or using any Services offered by New York Iconic Cruises 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:
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 New York Iconic Cruises 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.
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 known as the Services operated by the company (hereinafter referred to as “New York Iconic Cruises”) 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 New York Iconic Cruises , and any of New York Iconic Cruises' 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 agree that any dispute, controversy or claim arising out of or in regard 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 New York Iconic Cruises agree that any dispute arising out of or related to these terms and conditions, or the Services offered by New York Iconic Cruises is personal to you and New York Iconic Cruises 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 New York Iconic Cruises 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 New York Iconic Cruises 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, 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. New York Iconic Cruises 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 New York Iconic Cruises tickets upon demand to an authorized Company Official.
The Customer may not use any New York Iconic Cruises 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 New York Iconic Cruises 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, New York Iconic Cruises 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.
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, all passengers, including children need to purchase tickets to get admission to the event.
TOUR OPERATION
New York Iconic Cruises assumes no responsibility for delays in tour operations.
Our tours depart only if a minimum of 20 passengers are present for each scheduled departure. If less than 20 passengers are present, the tour does not depart. Each non-departed customer’s ticket is valid for the next available departure.
In circumstances whereby a customer was unable to access our tours due to non-departure the remedy available to the customer is to use the next available departure for the respective tour.
On rare occasions due to weather, security, unforeseen acts of nature or/and other conditions beyond our control, New York Iconic Cruises reserves the right to change or terminate any scheduled tour.
All schedules are subject to change without prior notice at New York Iconic Cruises' sole discretion, any such change will not be considered as a cause for refund or any claim whatsoever.
DEPARTURE POINTS AND TIMES
New York Iconic Cruises endeavors to provide departure points and times for the service that are as accurate as possible. However, we reserve the right to change departure points and times without prior notice at any time, as case may be.
New York Iconic Cruises reserves the right to deviate from the route of a service in the event of a march, parade, or where reasonable to do so in circumstances that are beyond New York Iconic Cruises ’s control.
REFUNDS
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. A refund or exchange will not be issued due to a disruption or inability to attend, complete or enjoy the service provided by New York Iconic Cruises or its partners.
Additionally, refunds will not be given for:
A Customer may receive a refund if:
All refund requests must be made in writing within 7 days of scheduled service, must include a copy of the ticket(s) purchased, and should be e-mailed to our Customer Service Department at contact@newyorkiconiccruises.com.
Request for refund does not guarantee a refund. Where a refund may be given, New York Iconic Cruises reserves the right to offer a partial refund. New York Iconic Cruises may charge a 20% administrative fee for each refund.
CONTACT US
Kindly contact us for any question or comment about New York Iconic Cruises Privacy Policy.
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