Terms and Conditions

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City Experiences Terms of Use

Last Updated: March 10, 2022 

These Terms of Use along with the Service Terms and Conditions and Rewards Terms (collectively “Terms”) constitute an agreement between Hornblower Group, Inc., its parents, subsidiaries, and its affiliates (collectively, “Hornblower Group Family of Companies”, “Company”, “Hornblower”, “City Experiences”, “we”, “us” or “our”) and the user (“you” or “your”). 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY OF THE COMPANY WEBSITES, APPLICATIONS, PLATFORMS, LOYALTY PROGRAMS, GIFT CARDS, AND OTHER PROGRAMS THAT POST A LINK TO THESE TERMS OF USE, OR THE MATERIALS, SOFTWARE, AND CONTENT AVAILABLE IN OR THROUGH THEM (COLLECTIVELY, THE “SITES”). YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE, REWARDS TERMS, AND THE PRIVACY POLICY, WHICH IS INCORPORTED BY REFERENCE. YOU AGREE TO AND ARE SUBJECT TO ADDITIONAL SERVICE TERMS AND CONDITIONS IN CONJUNCTION WITH ANY BOOKINGS, RESERVATIONS, TOURS, EVENTS, ACTIVITY, EXCURSIONS, OR PRODUCTS (COLLECTIVELY, THE “SERVICES”) PURCHASED OR ASSOCIATED WITH CITY EXPERIENCES. 

THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. 

By using the Sites, you affirm you are able and legally competent to accept and agree to these Terms and our Privacy Policy. If you do not agree to any of these Terms or our Privacy Policy, then you are not authorized to access or use any of the Sites. 

 

  1. Eligibility to Use Sites
    The Sites are not targeted, nor intended for use by anyone under age 18. YOU MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE SITES. By accessing, using and/or submitting information to or through the Sites, you represent that you are at least age 18.

 

  1. Affirmative Representations Regarding Use of Sites
    When you access, use, or participate on the Sites, you represent that:
    a. the information you submit is truthful and accurate;
    b. your use of the Sites and your use of services available on the Sites do not violate any applicable law or regulation, and
    c. if you purchase Services through the Site: 
  2. i. you are making the applicable purchase or reservation on your personal behalf or on behalf of others, friends or family members with their consent, or as an agent on behalf of your client;
    the payment information you provide, and the associated name, address, phone number, and payment card number can be used to personally identify and/or contact you;
    iii. the e-mail address you provide to us in connection with making a reservation or purchase is unique and personal to you; and
    iv. you have confirmed that the Services you reserved or purchased correspond with the itinerary and/or details of the service on which you, your friend, family member or client will be participating. 

 

  1. Prohibited Use of Sites
    You may only use the Sites as expressly permitted by these Terms. Specifically, without limitation, you may not:
    A. purchase or reserve a number of tickets for a Service that exceeds the stated limit for that Service;
    B. interfere with services provided through the Sites by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
    C. modify, creative derivative works from, reverse engineer, decompile or disassemble any technology provided through the Sites;
    D. interfere with, or disrupt the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, or scripting in such a manner as to interfere with or create an undue burden on the Sites;
    E. use a robot, spider or other device or process to make automated purchases through the Sites;
    F. impersonate another person or entity or conceal your identity by using multiple e-mail addresses or phony names or contact information;
    G. circumvent, disable or otherwise interfere with security related features of the Sites or features that prevent or restrict use or copying of any of the content on the Sites and the trademarks, service marks, and logos contained on the Sites (“Materials”) or enforce limitations on use of the Sites or the Materials;
    H. assist or encourage any third party in engaging in any activity prohibited by these Terms of Use;
    I. use Sites to cause harm or damage to any person or entity;
    J. any of the following actions are strictly prohibited: Man-in-the-Middle behavior, Denial of Service, Distributed Denial of Service, SQL Injections, executing zero-day exploits, cross-site scripting, brute force or other password cracking techniques, any other actions designed to, including but not limited to, disrupt or interfere with Service or function of the Sites unless explicitly agreed to in writing by Hornblower Group as part of penetration test or other security test; or
    K. use the Sites for any unlawful purpose or prohibited by these Terms. 

 

  1. Changes to Terms, Sites, and Services
    We may update or revise these Terms or any other policies related to the Sites at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms because they are binding on you to the fullest extent permissible by applicable law. Your continued use of the Sites after any changes or modifications to the Terms or other policies are posted will be considered acceptance of those changes or modifications.

We are constantly improving the Services and Sites to provide a better experience for its guests and users. You acknowledge and agree that the Sites, or certain features, content, specifications, products, and prices contained thereof, may change from time to time without notice to you. Any update to the Sites or Services that enhances or modifies the current Sites and Services are subject to these Terms. You acknowledge and agree that we may decline to provide access to our Sites or stop providing the Sites or any feature, content, or portion thereof to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the Sites at any time. 

 

  1. Privacy
    Our Privacy Policy is incorporated into these Terms and also governs your use of the Sites. The Privacy Policy describes how we collect, use, and disclose personally identifiable information about or from users of the Sites. By using the Sites, you consent to all actions that we take with respect to your data consistent with our Privacy Policy. If you visit or otherwise interact with our Sites, due to the nature of the internet, for security purposes we may monitor any connections to our Sites and record information created as a result of the connecting to our sites. We reserve the right to use, store, share, or otherwise benefit from this information.

 

  1. Use of Sites on Mobile Device
    If you use a mobile device to access the Sites, you agree that you are solely responsible for all messages and data charges that apply for use of your mobile device to access the Sites. All such charges are billed by and payable to your mobile service provider. You acknowledge that wireless service may not be available in all areas at all times and may be affected by changes made by your service provider.

In order to use the Sites made available through our mobile applications, you must have a compatible mobile device. From time to time, our mobile applications may require the downloading and installation of updates or new versions for continued use or functionality. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality available in prior versions. 

Our mobile applications are designed to integrate with elements of your device’s native functionality. If you choose not to enable your device’s GPS/location settings, push notifications, text messages or other device functionality, or if you choose not to provide certain personal or location data, some features of our mobile applications may not be available to you. To opt-out of receiving push notifications from our mobile applications, adjust the permissions in the settings section of your device or delete the mobile application. 

 

  1. SMS/Text Messages
    When you opt-in to receive City Experience Alerts, our SMS/Text messaging program, (“Text Service”), we will send you a message to confirm your signup. Text SIGNUP to CTYEXP (289397) to receive City Experiences Alerts. Message and data rates may apply. Message frequency may vary and we will also send service alerts as applicable. Text “HELP” for help. Text “STOP” to cancel.

You can cancel this service at any time. Text “STOP” to 289397. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again. 

If at any time you forget what keywords are supported, just text “HELP” to 289397. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. 

Participating carriers include AT&T, Sprint/Boost/Virgin, T-Mobile, MetroPCS, and Verizon Wireless. T-Mobile is not liable for delayed or undelivered messages. 

As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. 

For all questions about the services provided by this short code, you can send an email to [email protected] or call at 800-459-8105. The Text Service is subject to our Privacy Policy. 

 

  1. Third Party Links and Services
    The Sites may link to, interact with, or be available on websites, applications, platforms, and services or products operated and owned by third-parties (“Third Party Sites”) such as social media providers. If you access such Third Party Sites or products, note that different terms and privacy policies may apply to your use of the Third Party Sites or products.

None of the links to the Third Party Sites is deemed to imply that we endorse the Third Party Sites or any content contained therein. We do not control or monitor the content, functionality or accuracy of Third Party Sites. You use Third Party Sites at your own risk. We have no liability for any damages or loss alleged to be caused in connection with any use of or reliance on any content, services, or purchases available on or through any Third Party Site. 

 

  1. User Content
    Any and all content, comments, feedback, questions or other communications (collectively “User Content”) that you submit or post on the Sites shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce or use the User Content in any commercial or non-commercial manner whatsoever to the Company. We will be free to use any content contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. We shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.

By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information or (v) contain computer malware of any form, or other harmful files, (VI) redirect traffic to any third party sites that are engaged in phishing practices or contain malicious software. You are solely responsible for the User Content and you hereby agree to indemnify and hold the Company harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party. 

 

  1. User Account
    You may choose to create and register for an account to use certain features of the Sites such as the Rewards Program, Manage My Booking portal, or customer preference center. If you choose to create an account, you agree to (a) create only one account on the Sites, (b) provide honest, accurate, current, and complete information regarding yourself and/or anyone you may be purchasing Services on behalf of, (c) keep your profile, contact, and other account information updated and accurate, (d) maintain the confidentiality of your account and password, (e) notify us if you discover or suspect that your account has been hacked or its security breached. Regardless of whether or not you create a User Account, but accessing our Services or Sites, you agree to never attempt to access a User Account that does not belong to you. To the fullest extent permissible by applicable law, you agree to accept responsibility for all activities that occur under your account or password and you accept all risks for any unauthorized use of your account. We may revoke your right to have an account at any time at our sole discretion without notice.

 

  1. Our intellectual Property Rights
    All of the content on the Sites and the trademarks, service marks, and logos contained on the Sites (“Materials”), are owned by or licensed to us and are subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. The Sites and the Materials are for your information and not for commercial exploitation. We reserve all rights in and to the Sites and the Materials. If you download or print a copy of the Materials and/or any portion of the Sites for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials and/or Sites. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Sites or Material. All rights not expressly granted herein are reserved.

 

  1. Electronic Communications
    When you communicate with us via the Sites or any other form of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically, and that any such electronic communications, including notices, disclosures, agreements, and other communications are equivalent to written communications, satisfy any legal or contractual requirement that such communications be in writing, and shall have the same force and effect as if they were in writing and signed by the party sending the communication. If we receive malicious electronic communications from a source that is associated with you, we reserve the right to take actions consistent with maintaining the integrity or our service and Sites.

 

  1. Legal Disputes and Agreement to Arbitrate
    Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court.
    a. Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Sites or Services. Most concerns may be quickly resolved by informal means. We will work in good faith 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.
    b. Agreement to Binding Arbitration. 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 Section 13(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Sites and/or Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, 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 interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
    c. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration 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 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 13(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
    d. Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
    e. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 13(b) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Delaware and the parties expressly consent to exclusive jurisdiction of the courts thereof.
    f. Choice of Law. These Terms and Conditions shall be construed, and any dispute between the parties determined, under the laws of the state of Delaware, United States of America. 
  2. If you take an action against our Services or Sites that it determined to be malicious or illegal, we reserve the right to collaborate with and share your information with authorities without reservation.

  

  1. Indemnification
    YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (“HORNBLOWER GROUP”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SITES OR SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS. This provision does not require you to indemnify any of the Hornblower Group for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Sites.

 

  1. Disclaimer of Warranties
    ALL MATERIALS OR ITEMS PROVIDED THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITES, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SITES, OR THAT WE BELIEVE ANY MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SAFETY, ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY THIRD PARTY VENDOR’S SERVICE, CONTENT, INFORMATION OR ANY OTHER THIRD PARTY ITEMS OR MATERIALS DISPLAYED ON THE SITES. YOU AGREE THAT YOUR USE OF THE SITES AND PARTICIPATION IN ANY SERVICES RESERVED OR BOOKED THROUGH THE SITES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITES AND YOUR USE OF THE SITES, INCLUDING THAT THE SITES ARE MERCHANTABLE, RELIABLE, COMPLETE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, FREE OF DEFECTS OR VIRUSES, NON-INFRINGING, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF SITES BY ANY USER IS IN COMPLIANCE WITH THE LAWS APPLICABLE TO THAT USER, OR THAT THE INFORMATION TRANSMITTED IN CONNECTION WITH THE SITES WILL BE SUCCESSFULLY, ACCURATELY, AND/OR SECURELY TRANSMITTED OR RECEIVED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

 

  1. Disclaimer of Liabilities
    SUBJECT TO APPICABLE LAW, COMPANY, ALONG WITH ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, AND PARENT ENTITIES (“RELEASED PARTIES”) DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR SERVICES, INCLUDING (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS ON THE SITES, (B) YOUR ACCESS TO AND USE OF THE SITES OR PARTICIPATION IN ANY SERVICE YOU PURCHASE THROUGH THE SITES, (C) ANY ACT OR OMISSION OF ANY INDEPENDENT CONTRACTOR INCLUDING BUT NOT LIMITED TO ANY WRONGFUL, NEGLIGENT, WILLFUL, OR UNAUTHORIZED ACTS, DEFECT, OMISSIONS OR DEFAULT ON THE PART OF ANY INDEPENDENT CONTRACTORS OR THEIR EMPLOYEES OR AGENTS IN PERFORMING THESE SERVICES, (D) ANY DEFECT IN OR FAILURE OF ANY VEHICLE, EQUIPMENT, INSTRUMENT OWNED OR OPERATED BY ANY INDEPENDENT CONTRACTOR, (E) ANY WRONGFUL, WILLFUL, OR NEGLIGENT ACT OR OMISSIONS ON ANY PART OF ANY OTHER PARTY NOT UNDER THE DIRECT SUPERVISION, CONTROL OR OWNERSHIP OF COMPANY (F) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON OUR SERVERS, (G) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES, AND/OR (H) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOUR SOLE REMEDY IS TO CEASE USE OF THE SITES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES. AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO COMPANY.

 

  1. Non-Waiver
    Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of the applicable right or provision.

 

  1. Severability
    These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

  1. Assignment
    We may assign our rights under these Terms without your approval.

 

  1. No Third Party Beneficiaries
    These Terms constitute an agreement entered into between you and the Company. There are no third party beneficiaries to this agreement.

 

  1. Digital Millennium Copyright Act (“DMCA”)
    If you believe any material available via the Sites infringes a copyright you own or control, please notify our designated copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”). Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification.

City Experiences Guest Services Team
Pier 3, Hornblower Landing
San Francisco, CA 94111
[email protected]
800-459-8105 

Please note that, in accordance with the DMCA, if you knowingly misrepresent that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us, the alleged infringer, by any online service provider, or by any copyright owner who is injured as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing and/or in replacing the removed material or activity. If a notice of copyright infringement has been filed against material posted by you on the Sites, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA. 

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Sites and/or terminate or suspend the accounts of any users who infringes another’s intellectual property right, whether or not there is any repeat infringement. 

 

  1. Notice to California Residents
    Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

The provider of the Sites is
City Experiences by Hornblower Group
Pier 3, Hornblower Landing
San Francisco, CA 94111 

You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210. Their website is located at: http://www.dca.ca.gov. 

Any California residents under the age of eighteen (18) who has registered to use the Sites and/or who have posted content or information on the Sites, can request that such information be removed from the Sites by contacting us at [email protected]. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view. 

City Experiences Rewards Terms and Conditions

Last Updated: April 18, 2022 

The City Experiences Rewards program (also known as the “Program”) is a free rewards program offered at the sole discretion of Hornblower Group, its subsidiaries, and its affiliates (collectively, “Company”, “Hornblower”, “City Experiences”, “we”, “us” or “our”). Program rules, terms, conditions, or benefits may be modified at any time by Company, with or without notice. Such changes may affect previously earned points and rewards. 

Please read the Privacy Policy and Terms of Use carefully to understand how we collect, use and disclose information about our guests and customers. By accessing or participating in the Program, the individual (“Member”, ”you”, “your”) agrees to be bound by these terms (“Rewards Terms”), the Privacy Policy, Terms of Use, and the applicable Terms of Service incorporated herein by reference.  

You agree that your participation in the Program is entirely at your own risk. You agree that if you object to any of these Rewards Terms, or any modifications thereof, or otherwise become dissatisfied with the Program, you have the right to terminate your membership. You agree that you are responsible for restricting access to and maintaining the confidentiality of your Rewards Account information. You also agree to promptly notify us if you believe your Rewards Account email has been stolen or compromised. You agree that you will provide accurate information to us at all times and to promptly notify us of any change in your information. You understand that the receipt of benefits as a Program Member may be subject to tax liability, and agree that any tax liability, including disclosure, with respect to your membership in the Program is solely your responsibility. 

IF YOU DO NOT AGREE TO THESE REWARDS TERMS, DO NOT ACCESS OR PARTICIPATE IN THE PROGRAM. 

  1. Eligibility

Joining the Program is free and available to any individual 18 years or older, resides in a jurisdiction which legally permits the participation in the Program, provides valid and accurate personal information when enrolling in the Program, is not already a member of the Program, and has not previously been terminated from the Program.  The Program is for personal use only and not available to corporations or other entities.   

  

  1. Enrolling in the Program

Eligible individuals may enroll in the Program and become members of the Program online at cityexperiences.com or via the City Experiences mobile application. An individual’s first name, last name, and a valid email address are required to enroll.  A confirmation email will be sent to this email address to confirm registration for the Program.  You may be asked for other information like your phone number or marketing preferences which is optional and not required to enroll in the Program. If you already have a user account but are not in the Program, then you can follow the prompts to create a Rewards Account and join the Program once logged into your user account. You may only have one Rewards Account registered to you and any additional Rewards Accounts in your name or otherwise controlled by you may be deactivated by us in our sole discretion. We may deny membership in the Program to any applicant in our sole discretion and without written notice.  

Membership in the Program is free and no initial purchase is required. 

A Member’s Rewards Account and any accumulated Points are personal to that Member and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. 

We reserve the right to suspend and/or terminate any Rewards Account and/or a Member’s participation in the Program without any notice if we determine in our sole discretion that a Member has violated these Rewards Terms, a Member has more than one Rewards Account, or that the use of a Member’s Rewards Account is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these Rewards Terms. We may, in our sole discretion, suspend, cancel or combine Rewards Accounts that appear to be duplicative. 

  

  1. Accumulating Points

The Program allows Members to collect City Experience points (“Points”) when making certain purchases through the website or the mobile application.  

While many of our experiences, bookings, tours, activities, and/or excursions (collectively, “Events”) will qualify to earn Points, the entities that manage these Events may be independently owned and operated and certain brands or Events may not participate in the Program.  

Current participating brands: 

  • City Cruises US 
  • City Cruises UK 
  • City Cruises Canada 
  • Niagara City Cruises 
  • Niagara Jet City Cruises 
  • Walks 
  • Devour 
  • New York City Ferry 
  • HMS Ferries 
  • Puerto Rico Ferry 

  

Current non-participating brands: 

  • Venture Ashore 
  • American Queen Voyages 
  • Journey Beyond 
  • Statue City Cruises 
  • Alcatraz City Cruises 

 

If a brand is not listed as a current participating brand, then it does not participate in the Program, even if not listed under non-participating brands. If a participating brand exits the Program for any reason, Points will not be earned on any purchases made with the participating brand for Events after the date the participating brand leaves the Program, even if the purchase was made prior to the brand leaving the Program. The brands with an asterisk are eligible to earn Points but not available to redeem Points. Only brands and/or legal entities which are owned and/or operated by Company are eligible to participate in the Program.  Third party partners do not participate in the Program.  Brands and/or legal entities that are owned and/or operated by the Company will be designed by identifying icons in the event description. 

Points will not be awarded on the purchase of experiences from non-participating brands, gift cards (including activations and reloads), taxes, tips, service fees, landing or port fees, administrative fees, private charter or group sales, Ticket Assurance, past purchases, packages or bundled services, third party partner bookings, onboard purchases, or alcoholic beverages.  Points will not be awarded on the purchase of any tickets in excess of nineteen (19) tickets for an Event occurring on the same date and time, even if purchased over multiple transactions.  A purchase of an Event from a participating brand that is not subject to one of these aforementioned exclusions is considered a Qualifying Purchase for the purposes of the Program.   

Points are awarded at the rate of one (1) Point per $1 for each pre-tax dollar spent on Qualifying Purchases.  Members may accumulate Points for any Qualifying Purchase made on or after the date of enrollment in the Program. To receive Points for a Qualifying Purchase, you must present the email used when registering for a Rewards Account at the point of sale.  If making a purchase on the website or mobile application, you will not be awarded Points if you are not logged into your Rewards Account.  If multiple tickets for a Qualifying Purchase are purchased, only the Member making the reservation will earn Points for the Qualifying Purchase, even if any of the tickets will be used by an individual who is also a Member of the Program. When purchasing multiple tickets, the Member agrees to make reservations in good faith for use by the Member and his or her guests only, and not for any other purposes, including without limitation, reselling, impermissibly assigning, or posting on third party websites.  Points will not be awarded to tickets purchased by travel agents on behalf of their clients. 

In order to accumulate points, Qualifying Purchases must be paid in cash or with a valid credit card or debit card.  Purchases made with any other currency, such as redeeming Points or paying with a gift card, will only accrue Points for the amounts, if any, paid for in cash or credit or debit card. Points will not be earned for the amount redeemed by Points, paid for by a gift card, or any portion where a different type of currency than those mentioned are used.  Points will be calculated as the Qualifying Purchase price less taxes, discounts, and any other exclusions mentioned herein and will be rounded up or down to the nearest whole dollar.  Where a non-U.S. dollar currency is used for a Qualifying Purchase, the amount of the purchase price eligible for Points will be converted to U.S. dollars at the exchange rate selected by Company. 

When a Qualifying Purchase is made, any Points that may be earned are considered pending and therefore not available to redeem.  Points will be awarded and become available to redeem within 24 hours of the date of the Event purchased through the Qualifying Purchase. When Points are available to redeem, they are considered Active. Members can view and track Points by logging into their account. An Event purchased through a Qualifying Experience must be completed to earn Points.  If a Qualifying Purchase includes multiple Events for different dates, the respective number of Points become Active when the corresponding Event concludes. A single Qualifying Purchase may result in Points becoming Active at different dates and/or times if multiple Events are purchased.  Cancellations and no-shows will not earn Points and any Points that may have been earned will be forfeit at the time of cancellation or no-show. In the event a qualifying purchase experience is cancelled by City Experiences, guests may keep any points that would have been earned if the experience was not cancelled by City Experiences. 

The accumulation of Points does not entitle members to any vested rights.  Points are not divisible or transferrable, have no cash value, are promotional in nature, do not give rise to any property or any other rights whatsoever, and cannot be assigned, transferred, exchanged, sold, traded, bartered, purchased, or gifted. All Events are subject to the applicable Terms of Service. 

  

  1. Redeeming Points

Points may only be redeemed once they become Active and can be redeemed over the phone with our customer experience team, through the website or the mobile application by providing the email address used when registering for a Rewards Account or logging into the Member’s Rewards Account.  Points may only be redeemed for the purchase of an Event through a participating brand.  Points may not be redeemed for the purchase, or any portion thereof, of non-participating brands, gift cards (including activations and reloads), taxes, tips, service fees, landing or port fees, administrative fees, private charter or group sales, Ticket Assurance, past purchases, on-board purchases, or alcoholic beverages.  A Redemption Transaction occurs when Active Points are redeemed on a purchase from a participating brand that is not subject to one of these exclusions.  A single purchase may be considered both a Redemption Transaction and a Qualifying Purchase if Points are redeemed and earned in the same transaction.    The member is responsible for any payment balance in a Redemption Transaction, including any taxes or fees.  

Points may be redeemed to reduce the purchase price of a qualifying Event at the rate of $1 for every 10 Active Points.  For example, if a Member has 105 Active Points, he or she is eligible to redeem up to 100 Active Points for up to a $10 discount on a qualifying Event with a remaining balance of 5 Active Points.  If a Member has 50 pending points and 20 Active Points, then the Member can redeem the 20 Active Points for a $2 discount on a qualifying Event.   The 50 pending Points cannot be redeemed until they become Active.  A Member’s Points balance will be reduced by the number of Points redeemed.  Any Points that may be awarded on a Qualifying Purchase during a Redemption Transaction will become Active after the Event purchased through the Qualifying Purchase is completed. 

When purchasing multiple tickets, the Member agrees to make reservations for Redemption Transactions in good faith for use by the Member and his or her invited guests only, and not for any other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites. 

Redeeming points for an Event is subject to availability at the time of reservation. All Events purchased through a Redemption Transaction are subject to the applicable Terms of Service. 

  

  1. Special Offers

We may offer special promotions from time to time in our sole discretion that allows Members to earn additional Points (“Bonus Points”) through special offers or other promotions.  Bonus Points may be temporary and may be redeemed by the <ember during a prescribed period, failing which such Bonus Points may expire.  Additional terms and conditions may be applicable in our sole discretion to any such special offers offering Bonus Points and communicated in conjunction with any such offers.  

In addition to Points, Members may also receive additional benefits from time to time such as special promotions, option for advance ticket purchase for Events, and other benefits as we see fit in our sole discretion. 

  

  1. Termination

Upon termination, the Member’s participation in the Program and all Points earned, pending or Active, will be forfeited. 

A Member may terminate his or her membership in the Program any time by contacting us through the Contact Us portal on the website.   

We may, to the largest extent permitted under applicable law, at any time in our sole discretion and without notice or any liability to any Member: 

(i)            modify, suspend or terminate a Member’s membership in the Program; 

(ii)           modify, suspend, or forfeit all or a portion of a Member’s Points; and/or 

(iii)          modify, suspend, or forfeit a Member’s redemption of Points. 

 

We may take these actions if we believe, in our sole discretion, that 

(i)            a Member’s membership or participation in the Program is inconsistent with any applicable laws, terms, ordinances, or regulations; 

(ii)           a Member acted in an inappropriate, fraudulent, abusive, offensive, or hostile manner; 

(iii)          a Member breached or violated or is using the Program in a manner inconsistent with these Rewards Terms, the Terms or Use, or the applicable Terms of Service for the Event purchased or the intent of the Program; 

(iv)         a Member has misused or abused the Program; 

(v)           a Member’s Rewards Account activity or membership status involves or results from fraud, dishonesty, theft, or other illegal or improper means; 

(vi)         a Member knowingly attempts to obtain or maintain more than one Rewards Account; or 

(vii)        the Company’s provision of benefits under the Program violates any applicable laws, terms, ordinances, or regulations 

These rights are in addition to any other remedy which may be available to us under applicable law and we have the right to take appropriate administrative and/or legal action we deem necessary in our sole discretion. 

 

  1. Point Forfeiture Policy

Points will expire and be forfeit due to account inactivity of 12 or more consecutive calendar months.  Account activity is completed by earning Active Points or redeeming Active Points. This can be done either by: 

  • purchasing and subsequently earning Active Points on a Qualifying Purchase and/or
  • redeeming Active Points on a Redemption Transaction and subsequently completing the Event purchased

Cancellation or no-shows of an Event does not constitute account activity, even if Points were redeemed in purchasing the event, for the purposes of this section. If a Member does not maintain an active status for five (5) consecutive years, the Member’s Rewards Account may be deactivated. Once Points are forfeited, the Points cannot be reinstated.  A Member is eligible to earn new Points, unless the Member’s Rewards Account has been deactivated. 

We may, in our sole discretion, include additional ways to satisfy account activity for the purpose of the Program.  

  

  1. Cancellation
  • If an Event purchased through a Qualifying Purchase is cancelled by any party, no Points are earned on the transaction and it does not qualify as account activity.  
  • If an Event purchased through a Redemption Transaction is cancelled by any party, then the number of Points redeemed on the Redemption Transaction are forfeit and the transaction does not qualify as account activity.  

  

  1. Program Communications

By joining or otherwise participating in the Program, the Member agrees to receive communications about the Program, as well as advertising and marketing material from Company. Members may unsubscribe from Company’s emails at any time via the unsubscribe link in those emails; provided, however, if the Member unsubscribe from Company’s emails, the Member may no longer receive email updates about Program benefits. Members must keep their email and contact information current.  Neither Company nor the Program shall have any responsibility for misdirected or lost mail or any consequences thereof. 

  

  1. 10. Change in Terms

Except as otherwise expressly prohibited or limited by applicable laws, we reserve the right to change, modify, limit, update, discontinue, or delete any term, condition, or policy of all or any portion of the Program, all or any portion of the Rewards Terms, and/or all or any portion of any policy, guideline, disclosure, or FAQ pertaining to the Program at any time and in our sole discretion with or without notice. Unless otherwise specified, any changes or modifications will be effective immediately upon posting the changes or modifications on this page, so please check back from time to time.  If a Member continues to participate in the Program by earning Points, redeeming Points, logging into his or her Rewards Account or otherwise participates in the Program in any way after a change to these Reward Terms are posted, the Member will be deemed to have read, understood and unconditionally consented and agreed to such changes. If a Member does not agree to the Rewards Terms, he or she must stop participating in the Program. 

  

  1. Privacy

The information provided to us when registering for a Rewards Account or otherwise participating in the Program is processed in accordance with our Privacy Policy.  Communication of relevant information is important to administering the Program and providing Members with the opportunity to maximize Program benefits. We respect the privacy of Members’ personal information. Please review our Privacy Policy for how we collect, use, disclose and manage personal information. 

  

  1. Dispute Resolution

We are available to address any concerns you may have regarding the Program. Most concerns may be quickly resolved by informal means. We will work in good faith 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. 

You agree that any claims that cannot be resolved informally and that relate in any way to or arise out of the Program, shall be resolved by binding arbitration. Binding arbitration will be administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, 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 the program and/or these Rewards Terms, including, but not limited to, any claim that all or any part of these Rewards 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 interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act. 

The parties further agree that any arbitration 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 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. 

To the extent that the arbitration provisions set forth in this section do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Delaware and the parties expressly consent to exclusive jurisdiction of the courts thereof.

 

  1. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (“HORNBLOWER GROUP”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OR PARTICIPATION IN THE PROGRAM IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE REWARDS TERMS. This provision does not require you to indemnify any of the Hornblower Group for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Program. 

  

  1. 14. Disclaimer of Warranties

THE PROGRAM AND ALL INFORMATION, CONTENT, MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PROGRAM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SITES AND PARTICIPATION IN ANY SERVICES RESERVED OR BOOKED THROUGH THE SITES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE PROGRAM OR YOUR PARTICIPATION IN THE PROGRAM, INCLUDING THAT THE PROGRAM IS MERCHANTIABLE, RELIABLE, COMPLETE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, FREE OF DEFECTS OR VIRUSES, NON-INFRINGING, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE PROGRAM BY ANY MEMBER IS IN COMPLIANCE WITH THE LAWS APPLICABLE TO THAT MEMBER, OR THAT THE INFORMATION TRANSMITTED IN CONNECTION WITH THE PROGRAM WILL BE SUCCESSFULLY, ACCURATELY, AND/OR SECURELY TRANSMITTED OR RECEIVED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. 

  

  1. 15. Limitations on Liability

SUBJECT TO APPICABLE LAW, WE, ALONG WITH OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, AND PARENT ENTITIES (“RELEASED PARTIES”) DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, INCLUDING BUT NOT LIMITED TO (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS RELATED TO OR ARISING OUT OF THE PROGRAM, (B) ACCESS TO AND USE OF THE PROGRAM OR PARTICIPATION IN ANY EVENT YOU PURCHASE THROUGH THE PROGRAM, (C) ANY ACT OR OMISSION OF ANY INDEPENDENT CONTRACTOR INCLUDING BUT NOT LIMITED TO ANY WRONGFUL, NEGLIGENT, WILLFUL, OR UNAUTHORIZED ACTS, DEFECT, OMISSIONS OR DEFAULT ON THE PART OF ANY INDEPENDENT CONTRACTORS OR THEIR EMPLOYEES OR AGENTS IN PERFORMING ANY SERVICES RELATED TO THE PROGRAM OR EVENTS, (D) ANY DEFECT IN OR FAILURE OF ANY VEHICLE, EQUIPMENT, INSTRUMENT OWNED OR OPERATED BY ANY INDEPENDENT CONTRACTOR, (E) ANY WRONGFUL, WILLFUL, OR NEGLIGENT ACT OR OMISSIONS ON ANY PART OF ANY OTHER PARTY NOT UNDER OUR DIRECT SUPERVISION, CONTROL OR OWNERSHIP, AND/OR (F) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON OUR SERVERS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOUR SOLE REMEDY IS TO CEASE USE OF THE PROGAM. MEMBERS ARE ENTIRELY RESPONSIBLE FOR KEEPING THEIR REWARDS ACCOUNT SECURE. 

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES CONDITIONS OR ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

  

  1. Non-Waiver

Our failure to exercise or enforce any right or provision of these Rewards Terms shall not operate as a waiver of the applicable right or provision. 

  

  1. Severability

These Rewards Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Rewards Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Rewards Terms and shall not affect the validity and enforceability of any remaining provisions. 

  

  1. 18. Headings

The headings for each of these Rewards Terms are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Rewards Terms. 

  

  1. Inconsistences or Errors

Despite our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time. Any such corrections may result in a change or modification of a Member’s Points or Rewards Account. 

In the event of a discrepancy between the English language version and any translations of the Rewards Terms, the English version shall prevail, govern, and control. 

  

  1. Entire Agreement

These Rewards Terms, the Terms of Use, the applicable Terms of Service, and the Privacy Policy referenced herein constitute the entire understanding between you and us with respect to the Program 

  

  1. Contact Us

For information about the Program and/or your membership in the Program, please Contact Us.  We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet.

City Experiences Terms and Conditions by Brands

Service Terms and Conditions 

Last Updated: March 10, 2022 

These Service Terms and Conditions (hereinafter, “Terms and Conditions”) govern any Services purchased, booked, reserved, used, or participated in (“Purchase”) from the City Experiences website, over the phone through our customer service, at a ticket kiosk, through an authorized source, directly through the relevant company’s website or mobile applications, or through any of City Experiences’ affiliate websites and/or mobile applications (collectively, the “Ticket Platform”).  By making a Purchase of any Service, you agree to the following Terms and Conditions, the Terms of Use, and the Privacy Policy.  

These Terms and Conditions are offered on behalf of the whole Hornblower Group Family of Companies so when we mention the “Company”, “we”, “us” or “our” in these Terms and Conditions, we are referring to the relevant company in the Hornblower Group Family of Companies from which Services are Purchased. The Terms of Use and Privacy Policy are incorporated into all Terms and Conditions by reference and will be incorporated anytime these Terms and Conditions are referenced. For all Purchases, the person making the Purchase shall be deemed to have accepted the applicable Terms and Conditions, Terms of Use, and Privacy Policy on behalf of any and all guest(s) Services were Purchased for.  

THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ CAREFULLY. 

Specific terms and conditions apply for Services being offered under the different companies and brands within the Hornblower Group Family of Companies (“Service Specific Terms”) and form part of these Terms and Conditions.  

Click on the dropdown link for the applicable company for the Service to read the terms and conditions specific to that Service. If you Purchase or participate in any Service, you will be bound by these Terms and Conditions. 

Alcatraz City Cruises

Alcatraz City Cruises

  1. Terms of Purchase 
  • You may not purchase or reserve a number of tickets for an event or activity that exceeds the stated limit for that event or activity or make more than ten (10) Purchases through the Service in any 72-hour period, whether on your own or behalf of a group. 
  • You affirm you are making the applicable reservation or purchase on your personal behalf, or on behalf of your personal friends and/or family. You may not use the Service for any commercial purposes, such as purchasing tickets in bulk or for resale.
  • Purchases are not confirmed until you receive an email or written confirmation of the Purchase of the Service. Prices confirmed at the time of Purchase are honored for the date reserved in the Purchase.
  • The prices listed on or by the Ticket Source are per person, unless otherwise specified. These prices are subject to change without prior notice, until the Purchase is confirmed.
  • The listed prices do not include tips or gratuities, personal insurance, items of a personal nature, or any food or beverages not listed as included in the Service. 
  • Full payment by a payment card, or other authorized payment method if allowed by the respective Ticket Source, is necessary to Purchase a Service.  We do not charge a service fee for processing credit cards.
  • You affirm the payment information you provide, and the associated name, address, phone number, and payment card number can be used to personally identify and/or contact you and the e-mail address you provide to us in connection with making a Purchase is unique and personal to you.
  • You will not be permitted to board a vessel, or other applicable mode of transportation associated with a reservation you make through the Service, unless at the time of boarding you provide identification that matches the name of the individual who made the applicable reservation and present the payment card used in connection with the applicable reservation upon request.

  

2. Changes & Cancellations 

  • Any requested change is subject to availability, and we cannot guarantee that we will be able to make a requested change. Any changes to the Purchase must be requested directly through Alcatraz City Cruises and not the third-party provider the Purchase was made from, if applicable. You may contact us at [email protected] or 415.981.7625 to request changes to a Purchase.
  • To request a cancellation, contact [email protected] or 415.981.7625 or go to https://www.cityexperiences.com/san-francisco/city-cruises/alcatraz/account/ for cancellations that are seventy-two (72) hours or more from the date of the Service Purchased and Ticket Assurance has not been purchased.
  • Cancellations 72 hours or more: If you cancel a Purchase seventy-two (72) hours or more in advance of the date of the Service Purchased, your payment for that reservation will be refunded in full. 
  • Cancellations less than 72 hours: If you cancel a Purchase less than seventy-two (72) hours in advance of the date of Service Purchased, you will not receive a refund for that reservation unless we can resell your ticket(s). We shall have the right, but not the obligation, to resell your ticket(s). 
  • Cancellations with Ticket Assurance: If you have purchased Ticket Assurance and you cancel your Purchase twenty-four (24) hours or more in advance of the date of the Service Purchased, your payment for that Purchase will be refunded in full, minus the cost of the Ticket Assurance. 
  • Cancellations less than 24 hours: If you cancel a Purchase less than twenty-four (24) hours in advance of the date of the Service Purchased, you will not receive a refund for that reservation, unless we are able to resell your ticket(s). We shall have the right, but not the obligation, to resell your ticket(s). 
  • Applicable refunds will be processed within fourteen (14) days of the date we receive your cancellation request.  We will also provide a refund in the event of security, safety, or similar closures that prevent us from honoring your Purchase. In the event we are unable to provide a Purchased Service for any reason, our only obligation is to refund the actual cost that you paid for the applicable Purchased Service we were unable to provide.
  • Refunds will not be provided due to construction projects on Alcatraz Island or the resulting closure of interior spaces, such as Alcatraz Island Cellhouse.  Refunds will not be provided because of COVID-19 related health mandates from the City and County of San Francisco, or the State of California, impacting the availability of parties of the Alcatraz Island tour, as described at the time of the Purchase. 

 

3. Attire & Face Coverings 

In addition to following face covering requirements, all guests must wear proper attire, including shoes and shirt, at all times.  We reserve the right to refuse service to or remove any person, in our sole discretion and without liability, wearing attire that we consider inappropriate or attire that could detract from the experience of other guests.  

  

4. Registration as a Seller of Travel 

Alcatraz City Cruises, LLC is registered under California law as a seller of travel, and its registration number is 2094770-50.  This registration does not constitute approval by the State of California of our services or actions. California law requires companies to have either a trust account or a bond as a means of consumer protection, and Alcatraz City Cruises, LLC has a bond issued by RLI Insurance Company in the amount of $20,000.  Alcatraz City Cruises, LLC is a participant in the Travel Consumer Restitution Fund. 

  

5. Right to Manage 

We reserve the right, but do not undertake the obligation to: 

  • Monitor or review the Purchases and Services for violations of the Terms and Conditions and compliance with our terms and policies
  • Report to law enforcement authorities and/or take legal action against anyone who violates the Terms and Conditions
  • Refuse or restrict access to or the availability of any Services if you violate the Terms and Conditions, the law, or any of our terms or policies
  • Manage the Services in a manner designated to protect our and third parties’ rights and property or to facilitate the proper functions of the Services
  • Screen guest(s) who Purchase or participate in Services or attempt to verify the statements of said guest(s)

Without limiting any other provision of the Terms and Conditions, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of any Service to any person for any reason or for no reason at all, including without limitation for breach of representation, warranty, or covenant contained in the Terms and Conditions, or any of application law or regulation.  

 

6. Changes to Terms 

We may update or revise these Terms and Conditions or any other policies related to the Services or Purchases at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law.  Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here. 

 

7. Assumption of Risk 

You and all passengers assume all risk of danger and injury when participating in the Services. No suit shall be maintainable for loss of life or bodily injury to you or any passenger unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date. 

 

8. Privacy 

Any personal information that you disclose to us is subject to our privacy policy which governs the collection and use of information that is supplied. You understand that through the use of the Services and any Purchases, you consent to the collection and use (as set forth in our Privacy Policy) of this information. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements, administrative messages and customer feedback notifications. These communications are considered part of the Services we provide and you may not be able to opt-out of receiving. 

 

9. Governing Law 

These Terms and Conditions and its interpretation shall, to the maximum extent allowed, be governed by and construed in accordance with the general maritime law of the United States; to the extent such maritime law is not applicable, it shall be governed by and construed in accordance with the laws of the state of California in the United States. 

 

10. Indemnification 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HORNBLOWER GROUP, INC. AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (COLLECTIVELY, “HORNBLOWER GROUP FAMILY OF COMPANIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS. This provision does not require you to indemnify any of the Hornblower Group Family of Companies for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
 

11. Disclaimer of Liabilities 

WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY OR PROPERTY DAMAGE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. 

IN ADDITION TO THE LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY GRANTED UNDER THE TERMS AND CONDITIONS, WE ALSO RETAIN ANY AND ALL LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY ACCORDED TO SHIP OWNERS AND TOUR OPERATORS BY STATUTE OR RULE OF LAW INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED FOR IN 46 UNITED STATES CODE APP. SECTIONS 30501 30511. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING 46 UNITED STATES CODE APP. SECTIONS 30501-30511, YOU, ON BEHALF OF YOURSELF AND ANY AND ALL OF YOUR HEIRS, SUCCESSORS AND ASSIGNS, COVENANT NOT TO SUE OR TO INSTITUTE OR CAUSE TO BE INSTITUTED ANY KINDS OF CLAIM OR ACTION IN ANY FOREIGN, FEDERAL, STATE OR LOCAL AGENCY OR COURT AGAINST US ARISING OUT OF, IN THE COURSE OF, FROM OR ATTRIBUTABLE TO THE SERVICE OR THESE TERMS AND CONDITIONS. 

YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO US.
 

12. Legal Disputes and Agreement to Arbitrate 

Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court. 

  1. Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Services.  Most concerns may be quickly resolved by informal means. We will work in good faith 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.
  2. Agreement to Binding Arbitration. 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 initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, 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 and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions 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 interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
  3. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration 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 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  4. 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 sections above by sending written notice of your decision to opt-out to the following address: Alcatraz City Cruises, Pier 33 South, Suite 200, San Francisco, CA 94111, Attn: Group Services Department, or by fax to 415.394.9904. The notice must be sent within thirty (30) days of commencing use of the Service, 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
  5. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in San Francisco, California except for small claims court actions which may be brought in the court where you reside. The parties expressly consent to exclusive jurisdiction of the courts thereof.
  6. The license granted herein is revocable upon refunding to passengers the Ticket price.

 

13. Non-Waiver 

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision. 

 

14. Severability 

These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. 

 

15. Assignment 

We may assign our rights under these Terms and Conditions without your approval. 

City Cruises Canada

City Cruises Canada

  1. Terms of Purchase 
  • We reserve the right to cancel the Service and/or change scheduled departure and/or return times without prior notice. We shall not be required to make a refund or offer any credit for changes in scheduled departure and/or return times. Only cancelled Services are subject to the cancellation policy below.        

  

2. Changes & Cancellations 

  • When purchasing tickets through our website or mobile application, you can protect your booking with Ticket Assurance.
  • Purchases made without Ticket Assurance are a non-refundable final sale, but may be re-scheduled up to 48 hours prior to the original booking’s departure time. 
  • Purchases made with Ticket Assurance may re-schedule up to 2 hours prior to original departure time. 
  • Only Purchases made with Ticket Assurance may be cancelled for a full refund, minus the cost of non-refundable Ticket Assurance.  Cancellations for Purchases made with Ticket Assurance may be cancelled up to 2 hours prior to the original departure time.   
  • If you need to reschedule, visit our website at www.cityexperiences.com and select “Manage My Booking” or contact customer support. If you need to cancel, please contact customer support.
  • Any requested change is subject to availability, and we cannot guarantee that we will be able to make a requested change.

  

3. Admission & Entry 

  • All guests much check-in with a confirmation number and/or ticket prior to boarding.
  • All guests and personal items are subject to following posted health & safety protocols.
  • To participate in the Service, each guest must meet any boarding or participation criteria as posted on our website, and/or at our ticket booth, or at any location, if applicable to the Service.
  • Any guest who does not meet the boarding or participation criteria may be denied participation in the Service and we shall not be obligated to make any refund or other compensation to you whatsoever.
  • For Services, where applicable, guests may be required to sign or electronically acknowledge, on behalf of yourself and any accompanying minor, acceptance of our Release and Waiver of Liability form which will be provided to you in advance of your scheduled departure time.
  • We reserve the right to refuse service or remove guests from a vessel, event or premises at any time if determined, in our sole discretion, to be necessary (1) for appropriate safety reasons, (2) if a guest causes discomfort, inconvenience, or annoyance to other guests, crew members or agents, or (3) if a guest’s behavior is deemed to threaten the safety, good order or discipline.
  • For the safety of crew and guests, all persons, purses, handbags, and backpacks are subject to search before boarding a vessel. We reserve the right to not allow any bag, parcel, or other item and to deal with any unattended object, bag, backpack, or luggage in such way as management considers appropriate.
  • We shall not be liable whatsoever for any personal items that are lost or stolen while you are on our premises or participating in our Services.
  • Restricted and dangerous articles are strictly prohibited.
  • Outside food & beverage is not permitted.
  • The use of illegal or controlled substances, including smoking marijuana, and/or the smoking of tobacco, e-cigarettes or other products that produce a vapor or smoke is strictly prohibited.
  • The purchase of a ticket and/or entering the premises is considered consent to have your image or likeness appear in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, any of our locations, for any purpose.
  • All tours are subject to change without prior notice.
  • Actual vessel use for the tour is not guaranteed and an alternative vessel may be used without prior notice.
  • It is each guest’s responsibility to arrive on-time and be in the designated staging area no later than 30 minutes prior to the scheduled departure time. We shall not be responsible for refund or any other compensation if the guest misses their scheduled departure time or they’re denied access by failing to comply with the terms & conditions.
  • In the event we are unable to provide a purchased service for any reason, our only obligation for direct purchases, is to refund the purchase price that you paid for the applicable service.

  

4. Attire 

All guests must wear proper attire, including shoes and shirt, at all times.  We reserve the right to refuse service to or remove any person, in our sole discretion and without liability, wearing attire that we consider inappropriate or attire that could detract from the experience of other guests.  

  

5. Right to Manage 

We reserve the right, but do not undertake the obligation to: 

  • Monitor or review the Purchases and Services for violations of the Terms and Conditions and compliance with our terms and policies
  • Report to law enforcement authorities and/or take legal action against anyone who violates the Terms and Conditions
  • Refuse or restrict access to or the availability of any Services if you violate the Terms and Conditions, the law, or any of our terms or policies
  • Manage the Services in a manner designated to protect our and third parties’ rights and property or to facilitate the proper functions of the Services
  • Screen guest(s) who Purchase or participate in Services or attempt to verify the statements of said guest(s)

Without limiting any other provision of the Terms and Conditions, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of any Service to any person for any reason or for no reason at all, including without limitation for breach of representation, warranty, or covenant contained in the Terms and Conditions, or any of application law or regulation.  

 

6. Changes to Terms 

We may update or revise these Terms and Conditions or any other policies related to the Services or Purchases at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law.  Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here. 

  

7. Assumption of Risk 

You and all passengers assume all risk of danger and injury when participating in the Services. No suit shall be maintainable for loss of life or bodily injury to you or any passenger unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date. 

  

8. Privacy 

Any personal information that you disclose to us is subject to our privacy policy which governs the collection and use of information that is supplied. You understand that through the use of the Services and any Purchases, you consent to the collection and use (as set forth in our Privacy Policy) of this information. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements, administrative messages and customer feedback notifications. These communications are considered part of the Services we provide and you may not be able to opt-out of receiving.
 

9. Governing Law 

These Terms and Conditions and its interpretation shall, to the maximum extent allowed, be governed by and construed in accordance with the general maritime law of the United States; to the extent such maritime law is not applicable, it shall be governed by and construed in accordance with the laws of the province of Ontario in Canada. 

  

10. Indemnification 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HORNBLOWER GROUP, INC. AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (COLLECTIVELY, “HORNBLOWER GROUP FAMILY OF COMPANIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS. This provision does not require you to indemnify any of the Hornblower Group Family of Companies for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
 

11. Disclaimer of Liabilities 

WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY OR PROPERTY DAMAGE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. 

IN ADDITION TO THE LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY GRANTED UNDER THE TERMS AND CONDITIONS, WE ALSO RETAIN ANY AND ALL LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY ACCORDED TO SHIP OWNERS AND TOUR OPERATORS BY STATUTE OR RULE OF LAW INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED FOR IN 46 UNITED STATES CODE APP. SECTIONS 30501 30511. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING 46 UNITED STATES CODE APP. SECTIONS 30501-30511, YOU, ON BEHALF OF YOURSELF AND ANY AND ALL OF YOUR HEIRS, SUCCESSORS AND ASSIGNS, COVENANT NOT TO SUE OR TO INSTITUTE OR CAUSE TO BE INSTITUTED ANY KINDS OF CLAIM OR ACTION IN ANY FOREIGN, FEDERAL, STATE OR LOCAL AGENCY OR COURT AGAINST US ARISING OUT OF, IN THE COURSE OF, FROM OR ATTRIBUTABLE TO THE SERVICE OR THESE TERMS AND CONDITIONS. 

YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO US. 

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. 

In keeping with applicable guidelines, the Company has put in place comprehensive preventative measures aimed at preventing the introduction to and the spread of COVID-19 during your use of the Service; however, despite our mitigating efforts, we cannot guarantee that you or members of your party will not be exposed to COVID-19 during your use of the Service. 

Therefore, without limiting the foregoing limitation of liability, the following terms and conditions are effective for the Service: 

  1. GUEST ASSUMPTION OF RISK – You acknowledge the contagious nature of COVID-19 and that, despite our effort to mitigate such dangers, you may be exposed to or infected by COVID-19 during your participation in the Service, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. You understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of yourself and others. You assume all the foregoing risks and are solely responsible for any resulting injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, related to COVID-19, that you may experience or incur in connection with the Service (“Claims”).
  2. GUEST WAIVER OF COMPANY LIABILITY – You release, covenant not to sue, discharge, and hold harmless us, our employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. This release includes any Claims based on our actions, omissions, or negligence, or of our employees, agents, representatives, vendors, and independent contractors whether a COVID-19 infection occurs before, during, or after participation in the Service.

 

12. Legal Disputes and Agreement to Arbitrate 

Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court. 

  1. Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Services.  Most concerns may be quickly resolved by informal means. We will work in good faith 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.
  2. Agreement to Binding Arbitration. 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 initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, 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 and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions 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 interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
  3. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration 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 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  4. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the province of Ontario in Canada. The parties expressly consent to exclusive jurisdiction of the courts thereof.
  5. The license granted herein is revocable upon refunding to passengers the Ticket price.

  

13. Non-Waiver 

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision. 

  

14. Severability 

These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. 

  

15. Assignment 

We may assign our rights under these Terms and Conditions without your approval. 

City Cruises UK

City Cruises UK

Whilst the majority of the Terms and Conditions cover all products please be aware of variations in terms depending on the location and type of service. Please read all terms carefully to see terms applicable to your location and Service. 

 

  1. Services 
  • Sightseeing covers London’s daily scheduled service between Westminster, Bankside, Waterloo, Tower and Greenwich piers; Poole vessels operating from Poole & Swanage Piers; and York’s service operating from Kings Staith and Lendal Landing Piers.
  • Experiences include London’s Thames Circular Cruise, York’s Self Drive hire, and all cruises featuring any provided food, drink or entertainment.
  • Thamesjet covers London’s high speed rigid inflatable boat service.

  

2. Terms of Purchase 

  • All prices on our website are quoted in Pounds Sterling.
  • One purchased, tickets are non-refundable.
  • You must have a paper or e-ticket, which is valid, fully paid, and available for inspection, for the journey being made.  Tickets must be handed in prior to embarkation or be visible and capable of being scanned on an electronic device.
  • You must have your ticket ready for inspection at any time during your journey and you must hand it over for examination if asked to by a member of our crew, Police Officer or any other authorized person.
  • All tickets remain our property and you must return it to us once you have finished using it if we so request.
  • Tickets can only be used by the person for whom they were bought or to whom they were issued. Tickets may be barcoded and scanned prior to boarding. Any tickets that are copied, resold or passed on for further use will be invalid.
  • Where tickets are available for travel on the services of more than one operator, the conditions of the respective operator whose service is being used for each part of the journey will apply to that part of the journey. Third party operator conditions are available on request.
  • If you wish to travel outside the availability of your ticket, or before or after the times that it is valid, you may be asked to pay an additional fare. We reserve the right to deny boarding or to require you to disembark if the additional fare is not paid.
  • If you buy a ticket with a credit or debit card to which you do not have legal right, the ticket will be invalid from the date of issue and you will be liable to pay the full fare for any journey(s) used using that ticket.
  • Whilst we try to ensure that all information displayed on our websites, particularly times and prices, is accurate it is possible that errors may occur. If we discover an error in the price of a ticket you have purchased, we will try to inform you as soon as possible and give you the option of either reconfirming your purchase at the correct price or cancelling it. If we are unable to contact you for any reason, we reserve the right to treat the purchase as cancelled.
  • If you present a mispriced ticket at embarkation, we reserve the right to withdraw the ticket, cancel it and refuse travel unless and until another ticket has been purchased at the correct price for the intended journey. Cancellation under any of these circumstances will entitle you to a full refund of any sums you have paid.
  • Payment methods accepted at the pier and on-board our vessels are Visa Credit / Debit, Visa Corporate Credit / Debit, Mastercard Credit / Debit, Mastercard Corporate Credit / Debit, American Express.
  • Payment methods accepted online are Visa Credit / Debit, Visa Corporate Credit / Debit, Mastercard Credit / Debit, Mastercard Corporate Credit / Debit, American Express and Maestro.
  • Sightseeing
  • You may board one of our sightseeing vessels provided you have a ticket which is valid and available for your journey. Our sightseeing services are often heavily patronised so we cannot guarantee to provide you with a seat, or to accommodate you at all, on a particular vessel or sailing. 
  • Children under the age of five may travel free of charge provided they are accompanied by the holder of a ticket and do not occupy a seat to the exclusion of a full-fare-paying customer. This facility is limited to a maximum of three children per ticket holder. Children aged 5 (five) to 15 (fifteen) years inclusive may travel at the child rate except on those services where it is advertised that no child fares are available. 
  • Children under the age of 16 years must be accompanied by an adult (16 years +). 
  • Experiences
  • Tickets for ‘experience’ products are for specified sailings and notwithstanding that we cannot guarantee to run any particular service, a valid ticket ensures that there is space for manifested passengers. In exceptional circumstances, should we for unforeseen reasons not be able to operate a service we will contact you as early as possible. 
  • Some ‘Experience’ cruises are restricted to adults only. Prices and Age Categories may vary from product to product. Please refer to our website for further details. 
  • Thamesjet
  • Thamesjet reserves the right to alter your booking time or date should the minimum passenger numbers not be reached thirty minutes before departure. 
  • Passengers should arrive at the pier of embarkation no less than 30 minutes before scheduled departure. Failure to do so may mean that we are unable to allow you to board. You will not be eligible for rescheduling or a refund in the event of being late for a scheduled departure. 
  • Combination Tickets
  • Any tickets issued by us which include 3rd Party Attractions are subject to the Terms and Conditions of the relevant attraction provider. We have no liability in respect of the performance or the provision of the attraction which it sells as agent of the attraction provider. 

  

3. Replacement Tickets & Refunds 

  • If your ticket is lost, damaged or can no longer be read, we may, at our discretion, replace it free of charge, provided we can confirm that it is valid. In order to verify your purchase we will need your City Cruises booking reference which is contained in your confirmation e-mail and shown on the original ticket page. Please note that it is not possible to verify your ticket purchase with your credit or debit card reference because this does not contain the details of the ticket(s) purchased.
  • We do not accept liability for any loss resulting from our failure to provide an advertised service, or where delay occurs to those services, for any reason. We may, however, at our discretion, consider a refund on any ticket which is unused or only partially used as a direct result of a failure on our part to provide the advertised service for which the ticket was purchased.
  • Refunds will not be granted other than in the circumstances described above.
  • No refunds are possible after the valid date of the ticket has passed. All requests for refund or replacement ticket(s) must be made in writing to The Reservations Manager, City Cruises ltd, Unit 6, 1 Mill Street, Scotts Sufference Wharf, London, SE1 2DF, England and be accompanied by the relevant tickets purchased, your City Cruises booking reference (contained in your confirmation e-mail and on the original ticket page) and any payment reference issued when your purchase was confirmed. Refunds cannot be authorised or transacted at any other location or by any other means.
  • Any refunds agreed will be made entirely at our discretion and without prejudice.
  • We reserve the right to withdraw any ticket at any time although we will not do this without good reason.
  • London: If a product becomes unavailable after an on-board transaction, the sole remedy is either a replacement or a refund.

  

4. Rescheduling & Changes 

  • Sightseeing
  • London and Poole: Tickets can be rescheduled without charge up to and including the day of travel (Monday to Sunday, prior to 17:30) 
  • York: Tickets can be rescheduled without charge up to 72 hours before the day of travel for bookings of up to 10 people (Monday to Sunday, prior to 17:30) 
  • As well as the notice periods detailed above, bookings can only be rescheduled within 12 months of the original travel date booked. 
  • Experiences
  • Working days refer to the availability of office staff and not operational days which are extended and year round. 
  • All ‘Experience’ products offered are based on purchasing tickets for specific dates and times. Bookings made for less than ten people can be amended as long as three clear working days’ notice is given.  
  • Any bookings made for eleven to twenty people can be amended provided at least fourteen clear working days’ notice is given. 
  • Bookings for twenty one to fifty five people can be amended provided at least twenty eight clear working days’ notice is given. 
  • Bookings for over fifty six people can be amended provided at least 56 clear working days’ notice is given. 
  • As well as the notice periods detailed above, bookings can only be rescheduled within 12 months of the original travel date booked. 
  • York: Excludes Party Nights Afloat.  Amendments are permitted with 90 days notice. 
  • Thamesjet
  • Bookings for one to four people can be amended as long as three working days’ notice is given and before the travelling date and is subject to the availability of an alternative time and date. A £25 administration fee may be levied for any such rescheduling. 
  • Bookings for five to twelve passengers can be amended as long as fourteen days’ notice is given and before the travelling date and is subject to the availability of an alternative time and date. A £25 administration fee may be levied for any such rescheduling. 
  • Changes cannot be accommodated within 72 hours of scheduled departure. 
  • Special Events for London and Poole:
  • Special event tickets such as New Years Eve will have different cancellation periods to that of standard Experiences. Such details will be made known at the time of booking and will appear on our website. 

  

5. Suspected Fare Evasion & Ticket Tampering 

  • If we think that you have used or tried to use any ticket to defraud us we may cancel the ticket and not re-issue it. If this happens you will forfeit the right to any refund for the unused portion. If sufficient grounds exist for us to believe that you have attempted to defraud us, then we may instigate legal proceedings against you.
  • Your ticket is invalid if we believe that it has been tampered with deliberately, or if it is damaged to such an extent that it cannot be read. In the case of suspected tampering, we will not replace it and you must surrender the ticket if asked so to do by a member of our staff.

  

6. Access 

  • If you do need a carer or any other attendant you must have valid tickets for all concerned and all passengers must be able to board safely and promptly by themselves or with the aid of a carer.
  • Poole:
  • Vessels operating from Poole and Swanage Piers are not wheelchair accessible. Crew cannot, for reasons of health and safety, carry or lift passengers into our vessels. 
  • If you are registered deaf you can be accompanied by a hearing dog for the deaf. 
  • London and York:
  • In order to avoid accidents and for the health, safety and comfort of our passengers no wheelchairs will be allowed to obstruct any access to safety and lifesaving equipment, gangways, stairs or passageways. 
  • If you use a wheelchair, you must have enough helpers to enable you to make your journey safely including embarking and disembarking the vessel. Crew cannot, for reasons of health and safety, carry or lift passengers into our vessels. This does not apply to Thamesjet, please see terms specific to Thamesjet. 
  • Sightseeing 
  • Not all of our vessels have been designed or adapted for passengers in wheelchairs. If you intend to travel on a sightseeing vessel, you may be required to wait for one which is wheelchair accessible. 
  • Even on vessels designed or adapted for wheelchair access it may not be possible for you to sit in a wheelchair at a table and, for reasons of safety, you may be asked to move from your wheelchair into a fixed seat, in which case the wheelchair will be stowed in a safe place. We have limited space to accommodate wheelchairs on board and we are therefore restricted in the number we can carry. We may not be able to stow and carry larger or heavier electronic wheelchairs. To avoid disappointment please contact us prior to travel. 
  • Experiences 
  • London: When planning to book any of our ‘Experience’ products please contact our Reservations Department first to check on suitability of access. 
  • York: York vessels are unable to accommodate wheelchair access on any experience cruise. 
  • Thamesjet 
  • Thamesjet vessels are, for safety reasons, not designed or adapted for passengers in wheelchairs. Passengers must be independently mobile. 
  • All passengers must be independently mobile enough to step into and out of our vessels. Even in calm weather there can be vessel movement during embarkation and disembarkation which can result in movement from the pier. 
  • The seats on Thamesjet are 37 inches wide. The seats are designed to accommodate two adults. If you are unable to sit comfortably with another adult next to you for any reason you may be refused permission to travel on your requested trip. If space and scheduling allows you will be offered an alternative journey but this cannot be guaranteed. 

  

7. Luggage, Belongings, & Animals 

  • We reserve the right to restrict the carriage of any luggage when there is a need for increased security and to refuse permission for you to take any item at all on to a vessel.
  • You may not take on board any hazardous or inflammatory substances.
  • Sightseeing & Experiences 
  • For safety reasons, and for the comfort of passengers, we have to restrict the amount and type of luggage, including pushchairs and shopping trolleys, which you can take with you on our services. You may, at the discretion of the crew, take with you the following items, provided they do not obstruct access to safety and lifesaving equipment, gangways, stairs or passageways and are not put on seats: 
  • Personal luggage 
  • Pushchairs and buggies 
  • Prams 
  • Other items provided they are not deemed likely to injure anyone 
  • London and Poole: Bicycles 
  • No animals other than Guide Dogs or Hearing Dogs (and well behaved dogs for Poole and York) are allowed onto our sightseeing or experience vessels.  These dogs must be on a lead throughout the trip 
  • Thamesjet
  • For safety reasons, and for the comfort of passengers, only small hand luggage items are allowed aboard Thamesjet vessels. At the discretion of staff, and entirely at your own risk, larger items may be left on shore for collection at the end of your journey. 
  • It is regretted, that for safety reasons, we are unable to carry on board animals of any kind including guide dogs and hearing dogs. Guide dogs and hearing dogs may be allowed to the boarding platform with express permission and prior notice. 

  

8. Lost Property 

  • We deal with lost property in accordance with our lost property procedures, which are available for inspection on request.
  • If you find any unattended property on our vessels or facilities, do not touch it but please alert a crew member immediately.
  • If we think unattended property may be a security threat, the police or security services may be called to attend and the item(s) may be destroyed.
  • We will not be responsible for any delay in returning property left on our vessels.
  • It is your responsibility to collect lost property. If you request that such property is sent to you and we agree to make such arrangements this is on condition that you are responsible, in advance, for any costs incurred.

  

9. Photography 

  • The purchase of a ticket, entering our premises, and/or participating in a journey is considered consent to have your image or likeness appear in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, any of our locations, for any purpose.
  • You also agree that the copyright and intellectual property appertaining to such images remain with us and/or an authorised third party. 

  

10. Health & Safety 

  • For your own safety and the safety of others, you must follow instructions given by our crew when embarking/disembarking or on board any of our vessels. Instructions or advice contained in on-board safety notices should be followed.
  • For safety reasons you must not smoke (except in designated smoking areas) on our vessels or any facilities controlled or used by us.
  • For safety reasons you must not use roller skates, roller blades, hoverboards, skateboards or any equipment of a similar nature on our vessels or any facilities controlled or used by us.
  • Passengers should consider themselves to be sufficiently medically fit to undertake any journey for which they have a ticket. If there is any doubt potential passengers should seek medical advice before booking.
  • On some vessels, tables and chairs are fixed and cannot be moved. Larger or less mobile passengers may not be able to access such seating. Please seek further information prior to booking or boarding.
  • Thamesjet
  • Waterproof jackets and life jackets will be provided to passengers. The wearing of life jackets is compulsory. These are the property of City Cruises ltd. and must be returned at the end of the trip. Should life jackets be manually inflated and/or damaged when no emergency has taken place a charge of £50 per jacket will be levied to the lead name on the booking. 
  • Thamesjet cannot be responsible for weather conditions during the trip. Please dress appropriately for the conditions bearing in mind the river is often cooler than the shore. Flat shoes are recommended and high heeled shoes or other footwear deemed possible to potentially damage the boat are not permitted on board. 
  • For safety reasons, the minimum height requirement to travel on Thamesjet is 135 cms. Seating arrangements on Thamesjet are solely at the discretion of the Captain and front seats require passengers to be well above the minimum height due to a larger gap between the seat and the handrail. 
  • All children under the age of 16 years must be accompanied by an adult. 
  • The consumption of food or drink on board Thamesjet is not permitted. 
  • Passengers should consider themselves to be sufficiently medically fit to undertake this high speed boat ride and if there is any doubt should seek medical advice before booking. Without being exhaustive, Thamesjet is not recommended for people suffering from back or other bone conditions, epilepsy, dizziness, diabetes, angina or heart conditions. Expectant mothers should not travel at any stage of pregnancy. 

 

11. Conduct 

We reserve the right to refuse service or remove guests from a vessel, event or premises at any time if determined, in our sole discretion, to be necessary (1) for appropriate safety reasons, (2) if a guest causes discomfort, inconvenience, or annoyance to other guests, crew members or agents, or (3) if a guest’s behavior is deemed to threaten the safety, good order or discipline. 

  

12. Liability & Limitation 

  • Our liability for death or personal injury arising from our negligence shall not exceed the limits under the Convention of Limitation of Liability for Maritime Claims 1976 and SI 1998 No. 1258 paragraphs 4(b) and 7(e).( LLMC 1976 ) This limits our liability to 175 000 special drawing rights per passenger.
  • We shall not be liable for any loss, damage or delay to any persons or their possessions whilst embarking or disembarking from the vessel or during the voyage unless such loss or damage is caused by the negligence of the crew (including the Master) on board the vessel.
  • Passengers are advised to limit valuables and property brought on board to that which they can safely carry. All personal property is the passenger’s responsibility and must be kept with them at all times.
  • Our liability for loss of or damage to property shall not exceed the limit set out in accordance with LLMC 1976.
  • We shall not be liable for any indirect or consequential loss whatsoever including loss of profit.
  • In the event that LLMC 1976 does not apply then the limits of liability as per the Athens Convention 1974 are contractually incorporated into this contract.
  • To the extent that the LLMC 1976 applies:
  • Our liability for death or personal injury or loss of or damage to luggage and valuables arising from our negligence shall be limited in accordance with its terms; 
  • We shall be entitled to the benefit of all limitations, rights and immunities conferred by the LLMC 1976 ; and 
  • Any damages payable by us up to the LLMC 1976 limits shall be reduced in proportion to any contributory negligence by the passenger and by the maximum deductible (if applicable) specified in the LLMC 1976 
  • We cannot be held responsible for any disruption to services in the event of responding to instructions from third parties including, but not limited to, the MCA, PLA and any Emergency Services.
  • We cannot be held responsible for any cancellations or delays or other losses arising from weather conditions, tides, acts of God, strikes, terrorism, acts of third parties or other matters beyond our control.
  • We reserve the right, when necessary and without notice, to alter timetables or re-route vessels for reason of safety or to stop them visiting a pier. Although any such action will be exceptional, we do not guarantee to operate any services in accordance with published schedules, or at all.

  

13. Customer Comments and Feedback 

  • Any passenger complaints should be made within fourteen days of the event. Should you need to discuss any elements of your cruise, please send a detailed written account to our Customer Service Team including your booking reference number
  • To contact City Cruises Customer Service Team:
  • Unit 6, 1 Mill Street, Scott’s Sufferance Wharf
    London, SE1 2DF, England 
  • What to expect:
  • You should expect an acknowledgement within three to five working days of receiving your complaint. A full investigation will then take within 10 to 14 working days. Please note that special events may take up to 28 working days. 
  • If you are complaining on behalf of someone else, include their written consent with your email as this will speed up the process. 
  • The Customer Service Team will aim to respond in full to your complaint within the agreed time, however, if the issue is complicated, any delay will be explained and you will be kept informed of progress. 

  

14. Law & Jurisdiction 

  • In the event of any dispute or claims between City Cruises and any passenger(s) which cannot be resolved by agreement then the parties agree that any such dispute shall be decided by English law.
  • The parties agree that any dispute shall be resolved by the English courts which shall have exclusive jurisdiction.
  • If you have purchased your tickets via a third party/agent, please click HERE.

City Cruises US

City Cruises US

  1. Terms of Purchase 
  • All payments are FINAL and NON-REFUNDABLE.
  • Please check in with your confirmation number and your last name upon arrival.
  • We are UNABLE to compensate or reschedule any guests who miss their cruise due to traffic or any other circumstance.
  • Reservations are taken on a space-available basis and are not confirmed until payment is received.
  • Any discounts or coupons must be mentioned at the time of payment.
  • The listed prices do not include tips or gratuities, personal insurance, items of a personal nature, or any food or beverages not listed as included in the Service. 
  • A service charge, administrative fee, landing fee, and/or state and local taxes may be applied to your Purchase depending on the location of the Service.  These do not represent a tip or gratuity for our service staff.
  • Any additional Landing Fees for California cruises, and Administrative Charges for New York cruises, offset a wide range of costs unique to maritime business operations. These may include required specialized Port facility repairs, percentage rental payments, employee health care obligations and other fees, licenses, regulatory, environmental and maritime security costs. Neither the Landing Fee nor the Administrative Charge is a gratuity and neither will be distributed to our employees. 
  • In addition to sales tax, we may be assessed taxes by some of our local governments for use of the harbor for certain Services. They are paid directly and in full to the local government of the appropriate city. 

  

2. Changes & Cancellations 

  • Any requested change is subject to availability, and we cannot guarantee that we will be able to make a requested change.
  • If you need to make changes to your order, visit our website at www.cityexperiences.com and select “Manage My Booking.” Here, you will be able to add guests, enhancements or change the date.  
  • If you would like to be seated with someone who holds an existing reservation, you must have the reservation number of the existing booking to make the request. Otherwise, we will need to speak with the reservation holder directly.
  • Purchases made without Ticket Assurance may be re-scheduled up to 48 hours prior to the original booking’s departure time.
  • Purchases made with Ticket Assurance may re-schedule or cancel up to 2 hours prior to original departure time with a full refund, minus the cost of non-refundable Ticket Assurance.
  • Ticket Assurance is not available on select cruises, such as holiday, specialty or partnership cruises or other experiences as indicated
  • Cancellations cannot be accepted online unless Ticket Assurance is purchased.
  • Should we cancel the event for any reason, the primary guest listed on the reservation will be contacted via phone and email (please ensure all contact information on your reservation is correct). If we cancel the event, each reservation will be given the option to reschedule, move the paid funds over to a gift card, or be refunded
  • For all other inquires please chat us on our website or call us at 888-957-2634 Monday-Sunday 7am-9pm CST.

  

  1. Admission & Entry
  • All guests must check-in prior to boarding on the day of their cruise.
  • Our vessels depart promptly at their scheduled time. In the rare event of extreme weather, your vessel will be held dockside.
  • All vessels and services, including departure and/or return times, are subject to change without notice.
  • Please call or chat for wheelchair accessibility as some of our vessels are not accessible.
  • In compliance with U.S. Coast Guard requirements, photo I.D. is required of all passengers 18 years of age or older.
  • The purchase of a ticket and/or entering the premises is considered consent to have your image or likeness appear in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, any of our locations, for any purpose.
  • We reserve the right to refuse service or remove guests from a vessel, event or premises at any time if determined, in our sole discretion, to be necessary (1) for appropriate safety reasons, (2) if a guest causes discomfort, inconvenience, or annoyance to other guests, crew members or agents, or (3) if a guest’s behavior is deemed to threaten the safety, good order or discipline.
  • For the safety of crew and guests, all persons, purses, handbags, and backpacks are subject to search before boarding a vessel. We reserve the right to not allow any bag, parcel, or other item and to deal with any unattended object, bag, backpack, or luggage in such way as management considers appropriate.
  • The use of illegal or controlled substances, including smoking marijuana, is not permitted at any time. The smoking of tobacco, e-cigarettes or other products the produce a vapor or smoke is allowed only in designated outdoor smoking areas.

  

  1. Attire & Face Coverings
    In addition to following face covering requirements, all guests must wear proper attire, including shoes and shirt, at all times.  We reserve the right to refuse service to or remove any person, in our sole discretion and without liability, wearing attire that we consider inappropriate or attire that could detract from the experience of other guests.  

  

  1. Right to Manage

We reserve the right, but do not undertake the obligation to: 

  • Monitor or review the Purchases and Services for violations of the Terms and Conditions and compliance with our terms and policies
  • Report to law enforcement authorities and/or take legal action against anyone who violates the Terms and Conditions
  • Refuse or restrict access to or the availability of any Services if you violate the Terms and Conditions, the law, or any of our terms or policies
  • Manage the Services in a manner designated to protect our and third parties’ rights and property or to facilitate the proper functions of the Services
  • Screen guest(s) who Purchase or participate in Services or attempt to verify the statements of said guest(s)

Without limiting any other provision of the Terms and Conditions, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of any Service to any person for any reason or for no reason at all, including without limitation for breach of representation, warranty, or covenant contained in the Terms and Conditions, or any of application law or regulation.  

 

  1. Changes to Terms

We may update or revise these Terms and Conditions or any other policies related to the Services or Purchases at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law.  Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here. 

  

  1. Assumption of Risk
    You and all passengers assume all risk of danger and injury when participating in the Services. No suit shall be maintainable for loss of life or bodily injury to you or any passenger unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date. 

  

  1. Privacy
    Any personal information that you disclose to us is subject to our privacy policy which governs the collection and use of information that is supplied. You understand that through the use of the Services and any Purchases, you consent to the collection and use (as set forth in our Privacy Policy) of this information. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements, administrative messages and customer feedback notifications. These communications are considered part of the Services we provide and you may not be able to opt-out of receiving.
     
  2. Governing Law
    These Terms and Conditions and its interpretation shall, to the maximum extent allowed, be governed by and construed in accordance with the general maritime law of the United States; to the extent such maritime law is not applicable, it shall be governed by and construed in accordance with the laws of the state from which the Service departs. 

  

  1. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HORNBLOWER GROUP, INC. AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (COLLECTIVELY, “HORNBLOWER GROUP FAMILY OF COMPANIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS. This provision does not require you to indemnify any of the Hornblower Group Family of Companies for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services. 

 

  1. Disclaimer of Liabilities

WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY OR PROPERTY DAMAGE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. 

IN ADDITION TO THE LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY GRANTED UNDER THE TERMS AND CONDITIONS, WE ALSO RETAIN ANY AND ALL LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY ACCORDED TO SHIP OWNERS AND TOUR OPERATORS BY STATUTE OR RULE OF LAW INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED FOR IN 46 UNITED STATES CODE APP. SECTIONS 30501 30511. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING 46 UNITED STATES CODE APP. SECTIONS 30501-30511, YOU, ON BEHALF OF YOURSELF AND ANY AND ALL OF YOUR HEIRS, SUCCESSORS AND ASSIGNS, COVENANT NOT TO SUE OR TO INSTITUTE OR CAUSE TO BE INSTITUTED ANY KINDS OF CLAIM OR ACTION IN ANY FOREIGN, FEDERAL, STATE OR LOCAL AGENCY OR COURT AGAINST US ARISING OUT OF, IN THE COURSE OF, FROM OR ATTRIBUTABLE TO THE SERVICE OR THESE TERMS AND CONDITIONS. 

YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO US.
 

  1. Legal Disputes and Agreement to Arbitrate

Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court. 

  1. Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Services.  Most concerns may be quickly resolved by informal means. We will work in good faith 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.
  2. Agreement to Binding Arbitration. 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 initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, 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 and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions 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 interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
  3. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration 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 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  4. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the state from which the Service departs. The parties expressly consent to exclusive jurisdiction of the courts thereof.
  5. The license granted herein is revocable upon refunding to passengers the Ticket price.

  

  1. Non-Waiver

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision. 

  

  1. Severability

These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. 

  

  1.  Assignment

We may assign our rights under these Terms and Conditions without your approval. 

Devour Tours

Devour Tours

  1. Payments 

Company is able to accept the following payment methods: Mastercard, Visa, American Express, and Discover. 

The Company requires full payment in advance of tour/service in order to secure your reservation. Your payment will be processed by Walks LLC (A Delaware Limited Liability Company), the bookings and payment processor for devourtours.com. Your payment will be noted on your card as: POS DEBIT WALKS, LLC 

All tours are arranged and organized by the Company, however, elements of your guided walk/tour may be provided by third parties under a contract with the Company. 

Upon release of payment and guarantee of booking, all guests submit 100% compliance to the following Terms & Conditions Policy. Should any doubt or dispute with said Terms & Conditions arise before booking, guests are requested to contact the Company before confirming a booking. 

FULL UPFRONT PAYMENT OF SERVICE 

Due to the complex planning, logistics, and ticket issuing that goes into guests’ tours, the Company cannot guarantee any tour without full payment upfront. Please verify that the service(s) and cost(s) displayed in your shopping cart are correct before finalizing payment. 

CURRENCY 

Tours listed on this site are displayed, priced and processed in $ (US Dollars). Guests accept any and all fees associated with booking tours using credit card. Licensed booking software sets all exchange rates internally, and customer service agents have no control over any rates displayed on page. Guests should be take note that any live rates listed on 3rd party sites, such as those set by xe.com or fxstreet.com, are meant only as Interbank rates for transactions over $1M, and are not to be understood as a general consumer rate. If you are interested in learning more about exchanges, currencies, or payment options, please contact the Company in advance of booking. 

DELAYS ON GROUP TOURS / PRIVATE TOURS / PRIVATE TRANSFER SERVICES 

Upon booking of a service, you will receive a confirmation email that details meeting location and specific meeting time. Guests are asked to arrive to the meeting point 15 minutes prior to the start of the tour. Give yourself ample time to reach meeting points. If you or your travel companions are running late or need assistance in finding the meeting point, please call our office at the number provided in your confirmation email, and we will do our best to assist you, however it is your ultimate responsibility to reach a meeting point on time. The operator is not responsible for failure to arrive at a tour meeting point on time. Please see the no show/late arrival clause on the cancellation policy. 

CANCELLATIONS 

Cancelling or amending a booking with devourtours.com can result in cancellation/amendment fees being applied by devourtours.com, as outlined at the cancellation policy.  

Any cancellation/amendment must be communicated via e-mail to: [email protected] 

Or via telephone: 

From the US (toll-free): +1 (415) 969-9277 

Spain: +34 944 581 0221 

A booking is considered successfully canceled or amended only after Company sends successful notification via email and cancellation/amendment fees are assessed. 

 

2. Promotional Codes 

If you have a coupon code or qualify for a discount, it must be applied BEFORE purchase. Contact us for more information. Devourtours.com cannot apply any retroactive discounts. Promotional codes cannot be stacked, consolidated, transferred, or re-used, unless otherwise noted. All promotional codes have an expiration date, whether explicit or not. Expiration dates are set at 1 year from issuance when no date is explicitly noted.  

 

3. Valid Identification 

Please ensure that all members of your party have a valid ID on them on the day of the visit. This is particularly important for guests who have qualified for a reduction based on age or student status. Students should bring a valid photo ID to every tour.  

 

4. Refunds On Unused Services 

All Devourtours.com tours are sold as an entire package; as such there will be no offers of partial refunds for portions of a service that a guest has decided not to utilize. If a guest has pre-purchased tickets to any sites visited, or tours or site visits similar to the tour booked from an outside vendor, the Company is not responsible/liable for the reimbursement or prorating of any such fees. 

TRAVEL INSURANCE 

The Company strongly recommends guests arrange travel insurance to cover cancellations and delays due to unforeseen circumstances, or those beyond all control (e.g. inclement weather, strikes, seismic events). It is also recommended guests arrange medical and personal insurance to cover any medical expenses, loss of baggage, loss of personal belongings, or other such travel mishaps. Guests agree both the Company and any local partner operators are not liable for any of such unforeseen circumstances, and hold both parties harmless. All claims to reimbursements for insurance must go directly through the insurance provider, and not through the Company. 

 

5. Liability 

The Company  and its websites, brands, subsidiaries, affiliated entities, employees and agents act only as agent for the various third-party suppliers that provide transportation, sightseeing, guiding, accompaniment, escort, activities, or other services connected with any booked tours. Such services are subject to the terms and conditions of those suppliers. The Company and its respective employees neither own nor operate any third party person or entity which is to, or does, provide goods or services for these trips, tours and forms of transportation, and, as a result, do not maintain any control over the personnel, equipment, or operations of these suppliers, and assume no liability for and cannot be held liable for any personal injury, death, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (1) sickness, weather, strikes, hostilities, wars, terrorist acts, acts of nature, local laws or other such causes (2) any wrongful, negligent, willful, or unauthorized acts, defect, omissions or default on the part of any of the tour suppliers, or other employees or agents in performing these services, (3) any defect in or failure of any vehicle, equipment, instrument owned, operated or otherwise by any of these suppliers, or (4) any wrongful, willful, or negligent act or omissions on any part of any other party not under the direct supervision, control or ownership of the Company. All services and accommodations are subject to the laws and regulations of the country in which they are provided The Company is not responsible for any baggage or personal effects of any individual participating in the tours or trips arranged by it. Individual travelers are responsible for purchasing a travel insurance policy, if desired, that will cover  expenses associated with the loss of luggage or personal effects. 

 

6. Force Majeure 

If a site, attraction, or visit on your schedule tour service/itinerary is closed due to force majeure, including strikes or other unforeseen closures, Company will do its best to contact guests soon as possible, and offer a suitable substitution, reschedule a different service, or provide a refund, pending availability and at full Company discretion. 

 

7. Disputes 

This terms & conditions is agreement is governed by U.S. law and, in case of a dispute that cannot be settled amicably, exclusive jurisdiction is conferred on the U.S. court. Guests agree that any controversy between the parties to this agreement involving the construction or application of any of the terms, provisions, or conditions of this agreement, shall on written request of either party served on the other, be submitted first to mediation and then if still unresolved to binding arbitration. Guests agree the Company will set venue and jurisdiction of any suit arising from a dispute. 

 

8. Partial Invalidity 

If any provision of this policy is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 

 

9. Containment Of Entire Policy 

This terms and conditions policy incorporates the terms of the Company’s Privacy Policy by this reference, but otherwise is an independent document and supersedes any and all other agreements, either oral or in writing, between the parties hereto. Please see the supplement documentation regarding cancellation and amendment policies. 

Niagara City Cruises

Niagara City Cruises

  1. Terms of Purchase 
  • We reserve the right to cancel the Service and/or change scheduled departure and/or return times without prior notice. We shall not be required to make a refund or offer any credit for changes in scheduled departure and/or return times. Only cancelled Services are subject to the cancellation policy below.        

  

  1. Changes & Cancellations
  • When purchasing tickets through our website or mobile application, you can protect your booking with Ticket Assurance.

o   Purchases made without Ticket Assurance are a non-refundable final sale, but may be re-scheduled up to 48 hours prior to the original booking’s departure time. 

o   Purchases made with Ticket Assurance may re-schedule up to 2 hours prior to original departure time. 

o   Only Purchases made with Ticket Assurance may be cancelled for a full refund, minus the cost of non-refundable Ticket Assurance.  Cancellations for Purchases made with Ticket Assurance may be cancelled up to 2 hours prior to the original departure time.   

  • If you need to reschedule, visit our website at www.cityexperiences.com and select “Manage My Booking” or contact customer support. If you need to cancel, please contact customer support.
  • Any requested change is subject to availability, and we cannot guarantee that we will be able to make a requested change.

  

  1. Admission & Entry
  • All guests much check-in with a confirmation number and/or ticket prior to boarding.
  • All guests and personal items are subject to following posted health & safety protocols.
  • To participate in the Service, each guest must meet any boarding or participation criteria as posted on our website, and/or at our ticket booth, or at any location, if applicable to the Service.
  • Any guest who does not meet the boarding or participation criteria may be denied participation in the Service and we shall not be obligated to make any refund or other compensation to you whatsoever.
  • For Services, where applicable, guests may be required to sign or electronically acknowledge, on behalf of yourself and any accompanying minor, acceptance of our Release and Waiver of Liability form which will be provided to you in advance of your scheduled departure time.
  • We reserve the right to refuse service or remove guests from a vessel, event or premises at any time if determined, in our sole discretion, to be necessary (1) for appropriate safety reasons, (2) if a guest causes discomfort, inconvenience, or annoyance to other guests, crew members or agents, or (3) if a guest’s behavior is deemed to threaten the safety, good order or discipline.
  • For the safety of crew and guests, all persons, purses, handbags, and backpacks are subject to search before boarding a vessel. We reserve the right to not allow any bag, parcel, or other item and to deal with any unattended object, bag, backpack, or luggage in such way as management considers appropriate.
  • We shall not be liable whatsoever for any personal items that are lost or stolen while you are on our premises or participating in our Services.
  • Restricted and dangerous articles are strictly prohibited.
  • Outside food & beverage is not permitted.
  • The use of illegal or controlled substances, including smoking marijuana, and/or the smoking of tobacco, e-cigarettes or other products that produce a vapor or smoke is strictly prohibited.
  • The purchase of a ticket and/or entering the premises is considered consent to have your image or likeness appear in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, any of our locations, for any purpose.
  • All tours are subject to change without prior notice.
  • Actual vessel use for the tour is not guaranteed and an alternative vessel may be used without prior notice.
  • It is each guest’s responsibility to arrive on-time and be in the designated staging area no later than 30 minutes prior to the scheduled departure time. We shall not be responsible for refund or any other compensation if the guest misses their scheduled departure time or they’re denied access by failing to comply with the terms & conditions.
  • In the event we are unable to provide a purchased service for any reason, our only obligation for direct purchases, is to refund the purchase price that you paid for the applicable service.      
  • Niagara City Cruises: At the Niagara City Cruises location, use of the Funicular is subject to operational requirements, availability, and weather conditions. We reserve the right, in our sole discretion, to provide alternative means of transportation to the boarding area. If the Funicular is not available for use, no refunds shall be issued.

  

  1. Attire

All guests must wear proper attire, including shoes and shirt, at all times.  We reserve the right to refuse service to or remove any person, in our sole discretion and without liability, wearing attire that we consider inappropriate or attire that could detract from the experience of other guests.  

  

  1. Right to Manage

We reserve the right, but do not undertake the obligation to: 

  • Monitor or review the Purchases and Services for violations of the Terms and Conditions and compliance with our terms and policies
  • Report to law enforcement authorities and/or take legal action against anyone who violates the Terms and Conditions
  • Refuse or restrict access to or the availability of any Services if you violate the Terms and Conditions, the law, or any of our terms or policies
  • Manage the Services in a manner designated to protect our and third parties’ rights and property or to facilitate the proper functions of the Services
  • Screen guest(s) who Purchase or participate in Services or attempt to verify the statements of said guest(s)

Without limiting any other provision of the Terms and Conditions, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of any Service to any person for any reason or for no reason at all, including without limitation for breach of representation, warranty, or covenant contained in the Terms and Conditions, or any of application law or regulation.  

 

  1. Changes to Terms

We may update or revise these Terms and Conditions or any other policies related to the Services or Purchases at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law.  Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here. 

  

  1. Assumption of Risk
    You and all passengers assume all risk of danger and injury when participating in the Services. No suit shall be maintainable for loss of life or bodily injury to you or any passenger unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date. 

  

  1. Privacy
    Any personal information that you disclose to us is subject to our privacy policy which governs the collection and use of information that is supplied. You understand that through the use of the Services and any Purchases, you consent to the collection and use (as set forth in our Privacy Policy) of this information. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements, administrative messages and customer feedback notifications. These communications are considered part of the Services we provide and you may not be able to opt-out of receiving.
     
  2. Governing Law
    These Terms and Conditions and its interpretation shall, to the maximum extent allowed, be governed by and construed in accordance with the general maritime law of the United States; to the extent such maritime law is not applicable, it shall be governed by and construed in accordance with the laws of the province of Ontario in Canada. 

  

  1. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HORNBLOWER GROUP, INC. AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (COLLECTIVELY, “HORNBLOWER GROUP FAMILY OF COMPANIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS. This provision does not require you to indemnify any of the Hornblower Group Family of Companies for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
 

  1. Disclaimer of Liabilities

WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY OR PROPERTY DAMAGE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. 

IN ADDITION TO THE LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY GRANTED UNDER THE TERMS AND CONDITIONS, WE ALSO RETAIN ANY AND ALL LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY ACCORDED TO SHIP OWNERS AND TOUR OPERATORS BY STATUTE OR RULE OF LAW INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED FOR IN 46 UNITED STATES CODE APP. SECTIONS 30501 30511. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING 46 UNITED STATES CODE APP. SECTIONS 30501-30511, YOU, ON BEHALF OF YOURSELF AND ANY AND ALL OF YOUR HEIRS, SUCCESSORS AND ASSIGNS, COVENANT NOT TO SUE OR TO INSTITUTE OR CAUSE TO BE INSTITUTED ANY KINDS OF CLAIM OR ACTION IN ANY FOREIGN, FEDERAL, STATE OR LOCAL AGENCY OR COURT AGAINST US ARISING OUT OF, IN THE COURSE OF, FROM OR ATTRIBUTABLE TO THE SERVICE OR THESE TERMS AND CONDITIONS. 

YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO US. 

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. 

In keeping with applicable guidelines, the Company has put in place comprehensive preventative measures aimed at preventing the introduction to and the spread of COVID-19 during your use of the Service; however, despite our mitigating efforts, we cannot guarantee that you or members of your party will not be exposed to COVID-19 during your use of the Service. 

Therefore, without limiting the foregoing limitation of liability, the following terms and conditions are effective for the Service: 

  1. GUEST ASSUMPTION OF RISK – You acknowledge the contagious nature of COVID-19 and that, despite our effort to mitigate such dangers, you may be exposed to or infected by COVID-19 during your participation in the Service, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. You understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of yourself and others. You assume all the foregoing risks and are solely responsible for any resulting injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, related to COVID-19, that you may experience or incur in connection with the Service (“Claims”).
  2. GUEST WAIVER OF COMPANY LIABILITY – You release, covenant not to sue, discharge, and hold harmless us, our employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. This release includes any Claims based on our actions, omissions, or negligence, or of our employees, agents, representatives, vendors, and independent contractors whether a COVID-19 infection occurs before, during, or after participation in the Service.

  12. Legal Disputes and Agreement to Arbitrate

Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court. 

  1. Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Services.  Most concerns may be quickly resolved by informal means. We will work in good faith 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.
  2. Agreement to Binding Arbitration. 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 initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, 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 and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions 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 interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
  3. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration 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 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  4. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the province of Ontario in Canada. The parties expressly consent to exclusive jurisdiction of the courts thereof.
  5. The license granted herein is revocable upon refunding to passengers the Ticket price.

  

  1. Non-Waiver

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision. 

  

  1. Severability

These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. 

  

  1. Assignment

We may assign our rights under these Terms and Conditions without your approval. 

Niagara Jet City Cruises

Niagara Jet City Cruises

  1. Terms of Purchase 
  • We reserve the right to cancel the Service and/or change scheduled departure and/or return times without prior notice. We shall not be required to make a refund or offer any credit for changes in scheduled departure and/or return times. Only cancelled Services are subject to the cancellation policy below.        

  

  1. Changes & Cancellations
  • When purchasing tickets through our website or mobile application, you can protect your booking with Ticket Assurance.

o   Purchases made without Ticket Assurance are a non-refundable final sale, but may be re-scheduled up to 48 hours prior to the original booking’s departure time. 

o   Purchases made with Ticket Assurance may re-schedule up to 2 hours prior to original departure time. 

o   Only Purchases made with Ticket Assurance may be cancelled for a full refund, minus the cost of non-refundable Ticket Assurance.  Cancellations for Purchases made with Ticket Assurance may be cancelled up to 2 hours prior to the original departure time.   

  • If you need to reschedule, visit our website at www.cityexperiences.com and select “Manage My Booking” or contact customer support. If you need to cancel, please contact customer support.
  • Any requested change is subject to availability, and we cannot guarantee that we will be able to make a requested change.

  

  1. Admission & Entry
  • All guests much check-in with a confirmation number and/or ticket prior to boarding.
  • All guests and personal items are subject to following posted health & safety protocols.
  • To participate in the Service, each guest must meet any boarding or participation criteria as posted on our website, and/or at our ticket booth, or at any location, if applicable to the Service.
  • Any guest who does not meet the boarding or participation criteria may be denied participation in the Service and we shall not be obligated to make any refund or other compensation to you whatsoever.
  • For Services, where applicable, guests may be required to sign or electronically acknowledge, on behalf of yourself and any accompanying minor, acceptance of our Release and Waiver of Liability form which will be provided to you in advance of your scheduled departure time.
  • We reserve the right to refuse service or remove guests from a vessel, event or premises at any time if determined, in our sole discretion, to be necessary (1) for appropriate safety reasons, (2) if a guest causes discomfort, inconvenience, or annoyance to other guests, crew members or agents, or (3) if a guest’s behavior is deemed to threaten the safety, good order or discipline.
  • For the safety of crew and guests, all persons, purses, handbags, and backpacks are subject to search before boarding a vessel. We reserve the right to not allow any bag, parcel, or other item and to deal with any unattended object, bag, backpack, or luggage in such way as management considers appropriate.
  • We shall not be liable whatsoever for any personal items that are lost or stolen while you are on our premises or participating in our Services.
  • Restricted and dangerous articles are strictly prohibited.
  • Outside food & beverage is not permitted.
  • The use of illegal or controlled substances, including smoking marijuana, and/or the smoking of tobacco, e-cigarettes or other products that produce a vapor or smoke is strictly prohibited.
  • The purchase of a ticket and/or entering the premises is considered consent to have your image or likeness appear in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, any of our locations, for any purpose.
  • All tours are subject to change without prior notice.
  • Actual vessel use for the tour is not guaranteed and an alternative vessel may be used without prior notice.
  • It is each guest’s responsibility to arrive on-time and be in the designated staging area no later than 30 minutes prior to the scheduled departure time. We shall not be responsible for refund or any other compensation if the guest misses their scheduled departure time or they’re denied access by failing to comply with the terms & conditions.
  • In the event we are unable to provide a purchased service for any reason, our only obligation for direct purchases, is to refund the purchase price that you paid for the applicable service.      

  

  1. Attire

All guests must wear proper attire, including shoes and shirt, at all times.  We reserve the right to refuse service to or remove any person, in our sole discretion and without liability, wearing attire that we consider inappropriate or attire that could detract from the experience of other guests.  

  

  1. Right to Manage

We reserve the right, but do not undertake the obligation to: 

  • Monitor or review the Purchases and Services for violations of the Terms and Conditions and compliance with our terms and policies
  • Report to law enforcement authorities and/or take legal action against anyone who violates the Terms and Conditions
  • Refuse or restrict access to or the availability of any Services if you violate the Terms and Conditions, the law, or any of our terms or policies
  • Manage the Services in a manner designated to protect our and third parties’ rights and property or to facilitate the proper functions of the Services
  • Screen guest(s) who Purchase or participate in Services or attempt to verify the statements of said guest(s)

Without limiting any other provision of the Terms and Conditions, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of any Service to any person for any reason or for no reason at all, including without limitation for breach of representation, warranty, or covenant contained in the Terms and Conditions, or any of application law or regulation.  

 

  1. Changes to Terms

We may update or revise these Terms and Conditions or any other policies related to the Services or Purchases at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law.  Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here. 

  

  1. Assumption of Risk
    You and all passengers assume all risk of danger and injury when participating in the Services. No suit shall be maintainable for loss of life or bodily injury to you or any passenger unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date. 

  

  1. Privacy
    Any personal information that you disclose to us is subject to our privacy policy which governs the collection and use of information that is supplied. You understand that through the use of the Services and any Purchases, you consent to the collection and use (as set forth in our Privacy Policy) of this information. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements, administrative messages and customer feedback notifications. These communications are considered part of the Services we provide and you may not be able to opt-out of receiving. 
  2. Governing Law
    These Terms and Conditions and its interpretation shall, to the maximum extent allowed, be governed by and construed in accordance with the general maritime law of the United States; to the extent such maritime law is not applicable, it shall be governed by and construed in accordance with the laws of the state of New York in the United States. 

  

  1. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HORNBLOWER GROUP, INC. AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (COLLECTIVELY, “HORNBLOWER GROUP FAMILY OF COMPANIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS. This provision does not require you to indemnify any of the Hornblower Group Family of Companies for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
 

  1. Disclaimer of Liabilities

WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY OR PROPERTY DAMAGE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. 

IN ADDITION TO THE LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY GRANTED UNDER THE TERMS AND CONDITIONS, WE ALSO RETAIN ANY AND ALL LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY ACCORDED TO SHIP OWNERS AND TOUR OPERATORS BY STATUTE OR RULE OF LAW INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED FOR IN 46 UNITED STATES CODE APP. SECTIONS 30501 30511. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING 46 UNITED STATES CODE APP. SECTIONS 30501-30511, YOU, ON BEHALF OF YOURSELF AND ANY AND ALL OF YOUR HEIRS, SUCCESSORS AND ASSIGNS, COVENANT NOT TO SUE OR TO INSTITUTE OR CAUSE TO BE INSTITUTED ANY KINDS OF CLAIM OR ACTION IN ANY FOREIGN, FEDERAL, STATE OR LOCAL AGENCY OR COURT AGAINST US ARISING OUT OF, IN THE COURSE OF, FROM OR ATTRIBUTABLE TO THE SERVICE OR THESE TERMS AND CONDITIONS. 

YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO US. 

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. 

In keeping with applicable guidelines, the Company has put in place comprehensive preventative measures aimed at preventing the introduction to and the spread of COVID-19 during your use of the Service; however, despite our mitigating efforts, we cannot guarantee that you or members of your party will not be exposed to COVID-19 during your use of the Service. 

Therefore, without limiting the foregoing limitation of liability, the following terms and conditions are effective for the Service: 

  1. GUEST ASSUMPTION OF RISK – You acknowledge the contagious nature of COVID-19 and that, despite our effort to mitigate such dangers, you may be exposed to or infected by COVID-19 during your participation in the Service, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. You understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of yourself and others. You assume all the foregoing risks and are solely responsible for any resulting injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, related to COVID-19, that you may experience or incur in connection with the Service (“Claims”).
  2. GUEST WAIVER OF COMPANY LIABILITY – You release, covenant not to sue, discharge, and hold harmless us, our employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. This release includes any Claims based on our actions, omissions, or negligence, or of our employees, agents, representatives, vendors, and independent contractors whether a COVID-19 infection occurs before, during, or after participation in the Service.
     

  12. Legal Disputes and Agreement to Arbitrate

Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court. 

  1. Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Services.  Most concerns may be quickly resolved by informal means. We will work in good faith 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.
  2. Agreement to Binding Arbitration. 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 initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, 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 and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions 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 interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
  3. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration 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 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  4. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New York, New York in the United States. The parties expressly consent to exclusive jurisdiction of the courts thereof.
  5. The license granted herein is revocable upon refunding to passengers the Ticket price.

  

  1. Non-Waiver

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision. 

  

  1. Severability

These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. 

  

  1. Assignment

We may assign our rights under these Terms and Conditions without your approval. 

Statue City Cruises

Statue City Cruises

Note additional terms specific to Crown Access Tickets and Hard Hat Tour of Ellis Island below.    

  1. Terms of Purchase
  • All sales are final. Not for exchange, resale or transfer.
  • Lost tickets will not be replaced.
  • Statue City Cruises is not responsible for Purchases or tickets obtained from unauthorized sources which may not be valid.
  • A current photo ID and the credit card used for the Purchase are required to pick up tickets at Will Call.

  

  1. Cancellations & Refunds

Refunds are according to the National Park Service (“NPS”) policy only, otherwise all sales are final. Tickets are not for exchange, resale or transfer. 

  • If you cancel a Purchase twenty-four (24) or more hours in advance of the date of the Service Purchased, your payment for that Purchase will be refunded in full.
  • If you cancel a Purchase less than twenty-four (24) hours in advance of the date of the Service Purchased, you will not receive a refund for that Purchase, unless we are able to resell your ticket(s). We shall have the right, but not the obligation, to resell your ticket(s).

  

  1. Admission & Entry
  • Seating is on a first come, first served basis.
  • All passengers and carry-on items are subject to search. Restricted and dangerous articles may not be brought on board.
  • Proper attire required.
  • If you buy a ticket, you consent to having your image or likeness appear in any live or recorded video or other transmission or reproduction.
  • Statue City Cruises reserves the right to refuse service or remove passengers from a vessel, event or premise if determined to be necessary for appropriate safety reasons, if you cause discomfort, inconvenience, or annoyance to passengers, crew members or agents, or if your behavior is deemed to threaten the safety, good, order or discipline.
  • We reserve the right at any time to cancel tours or change departure or arrival times.
  • The National Park Service reserves the right to cancel reservations at any time for weather, safety, hazardous conditions or any other reason.

  

  1. Crown Access Ticket Disclaimer Restrictions
  • Terms of Purchase
  • Crown tickets are not transferable 
  • Crown visitors’ names will be printed on the face of each ticket 
  • Names given at purchase cannot be changed 
  • Admission & Entry
  • All those who purchase a Crown Access Ticket must obtain their physical tickets from either will call window located at: Liberty State Park, NJ or Battery Park, NY. 
  • Crown Orders may not be redeemed prior to selected departure date. 
  • Crown Access Ticketholders must pick up their wristbands prior to boarding a vessel from their departure point. 
  • Crown visitors are encouraged to proceed directly to the security tent at the base of the Statue of Liberty National Monument upon arrival at Liberty Island. 
  • The climb to the crown is an arduous journey that encompasses 393 steps in a cramped enclosed area with high temperatures. 
  • All crown visitors must be able to climb up and down the 393 steps unassisted. 
  • The Statue is not air conditioned. Interior temperatures can be 20 degrees higher than exterior temperatures. 
  • Crown tours will be cancelled under adverse conditions 
  • Crown visitors will be under full audio and video surveillance at all times in the monument. 
  • Children under 17 must be accompanied by an adult 

 

  • The National Park Service Recommendations: 
  • At least four feet tall, if a child. 
  • Without any significant physical or mental conditions that would impair their ability to complete the arduous climb including: 
  • Heart conditions 
  • Respiratory conditions 
  • Mobility Impairment 
  • Claustrophobia (fear of confined spaces) 
  • Acrophobia (fear of heights) 
  • Vertigo (dizziness) 
  • Items Permitted:
  • Camera (without case) 
  • Items not permitted:
  • Bags of any kind 
  • Food and Beverages 
  • Writing instruments 

  

  1. Hard Hat Tour of Ellis Island
  • Terms of Purchase
  • Your reservation assigns you to a scheduled tour, and the start time will be printed on your ticket. 
  • You must check in at the Save Ellis Island Information Desk on the ground floor of the Ellis Island Immigration Museum when you arrive on the island and again at the start time for your tour. 
  • The reservation is non-transferrable. 
  • If you miss your scheduled tour, you will not be able to join another tour. 
  • Admission & Entry
  • All participants must be 13 years of age or older. 
  • Participants should expect to be on their feet for 90 minutes. 
  • Tour participants must stay with a Save Ellis Island guide at all times. Unauthorized entry of areas off the guided tour will be considered trespassing. Violators will be subject to arrest and prosecution. 
  • Each participant must wear a hard hat, which will be provided by Save Ellis Island for use during the tour. 
  • Each participant is to sign a waiver before taking this tour and anyone under the age of 18 must have a parent/guardian sign the waiver for them. 
  • Preparing for the Tour
  • Tours will be held regardless of the weather; except in cases of extreme cold, heat or forecast of significant snow/ice. Save Ellis Island will make every effort to notify participants within twenty-four (24) hours of cancelling tours due to weather. 
  • The buildings are not climate-controlled and participants must be properly dressed for weather conditions in New York Harbor on the day of their tour. This may include rain, snow or wind. In extreme weather, the National Park Service may close the island early or for the entire day, requiring cancellation of tours. 
  • There are no working bathrooms on the south side of Ellis Island. Please make use of the facilities in the Immigration Museum before reporting for the tour. 
  • Wear comfortable, closed-toe/heel shoes. Sandals, flip-flops, open-toed shoes and high heels are not permitted. 
  • Bags larger than a standard backpack, 16 x 20, are not allowed on the Hard Hat tour. Over-sized packs and luggage are not permitted. No exceptions. 
  • Building Conditions and Artifacts:
  • Participants understand that they will enter unrestored buildings containing potential hazards including broken glass, uneven walking surfaces, dust, cracks and loose fixtures. Participants will exercise care to avoid all hazards. 
  • These unrestored buildings do not comply with Americans with Disabilities Act (ADA) requirements. Participants must be able to climb stairs. We regret that visitors with wheelchairs or scooters are not permitted on the tour. 
  • Per National Park Service regulations, removal or disturbance of historic artifacts on Ellis Island is prohibited. Participants will not touch anything in the hospital buildings unless specifically permitted by the Save Ellis Island tour guide.
    Photography 
  • Still photography is allowed as long as it does not delay the tour, at the Save Ellis Island tour guide’s discretion. Additional camera gear such as tripods, unipods and additional lighting is not permitted. 
  • Participants are not permitted to take video while on the tour. 

  

  1. Right to Manage

We reserve the right, but do not undertake the obligation to: 

  • Monitor or review the Purchases and Services for violations of the Terms and Conditions and compliance with our terms and policies
  • Report to law enforcement authorities and/or take legal action against anyone who violates the Terms and Conditions
  • Refuse or restrict access to or the availability of any Services if you violate the Terms and Conditions, the law, or any of our terms or policies
  • Manage the Services in a manner designated to protect our and third parties’ rights and property or to facilitate the proper functions of the Services
  • Screen guest(s) who Purchase or participate in Services or attempt to verify the statements of said guest(s)

Without limiting any other provision of the Terms and Conditions, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of any Service to any person for any reason or for no reason at all, including without limitation for breach of representation, warranty, or covenant contained in the Terms and Conditions, or any of application law or regulation.  

 

  1. Changes to Terms

We may update or revise these Terms and Conditions or any other policies related to the Services or Purchases at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law.  Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here. 

  

  1. Assumption of Risk
    You and all passengers assume all risk of danger and injury when participating in the Services. No suit shall be maintainable for loss of life or bodily injury to you or any passenger unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date. 

  

  1. Privacy
    Any personal information that you disclose to us is subject to our privacy policy which governs the collection and use of information that is supplied. You understand that through the use of the Services and any Purchases, you consent to the collection and use (as set forth in our Privacy Policy) of this information. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements, administrative messages and customer feedback notifications. These communications are considered part of the Services we provide and you may not be able to opt-out of receiving. 
  2. Governing Law
    These Terms and Conditions and its interpretation shall, to the maximum extent allowed, be governed by and construed in accordance with the general maritime law of the United States; to the extent such maritime law is not applicable, it shall be governed by and construed in accordance with the laws of the state of New Jersey in the United States. 

  

  1. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HORNBLOWER GROUP, INC. AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (COLLECTIVELY, “HORNBLOWER GROUP FAMILY OF COMPANIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS. This provision does not require you to indemnify any of the Hornblower Group Family of Companies for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
 

  1. Disclaimer of Liabilities

WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY OR PROPERTY DAMAGE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. 

IN ADDITION TO THE LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY GRANTED UNDER THE TERMS AND CONDITIONS, WE ALSO RETAIN ANY AND ALL LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY ACCORDED TO SHIP OWNERS AND TOUR OPERATORS BY STATUTE OR RULE OF LAW INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED FOR IN 46 UNITED STATES CODE APP. SECTIONS 30501 30511. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING 46 UNITED STATES CODE APP. SECTIONS 30501-30511, YOU, ON BEHALF OF YOURSELF AND ANY AND ALL OF YOUR HEIRS, SUCCESSORS AND ASSIGNS, COVENANT NOT TO SUE OR TO INSTITUTE OR CAUSE TO BE INSTITUTED ANY KINDS OF CLAIM OR ACTION IN ANY FOREIGN, FEDERAL, STATE OR LOCAL AGENCY OR COURT AGAINST US ARISING OUT OF, IN THE COURSE OF, FROM OR ATTRIBUTABLE TO THE SERVICE OR THESE TERMS AND CONDITIONS. 

YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO US.
 

  1. Legal Disputes and Agreement to Arbitrate

Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court. 

  1. Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Services.  Most concerns may be quickly resolved by informal means. We will work in good faith 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.
  2. Agreement to Binding Arbitration. 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 initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, 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 and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions 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 interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
  3. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration 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 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  4. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New Jersey. The parties expressly consent to exclusive jurisdiction of the courts thereof.
  5. The license granted herein is revocable upon refunding to passengers the Ticket price.

  

  1. Non-Waiver

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision. 

  

  1. Severability

These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. 

  

  1. Assignment

We may assign our rights under these Terms and Conditions without your approval. 

Walks

Walks

  1. Terms of Purchase 
  • We are able to accept the following payment methods: Mastercard, Visa, American Express, Discover. Your payment will be noted on your card as: *P WALKS  *TAKEWALKS.COM .
  • We require full payment in advance of the Service in order to secure your reservation. Tours cannot be guaranteed without full payment upfront.
  • Please verify that the Service(s) and cost(s) displayed in your shopping cart when purchasing through the Sites are correct before finalizing payment.
  • We are not responsible for tickets obtained from unauthorized sources which may not be valid.
  • The prices listed are per person, unless otherwise specified.
  • Prices are subject to change without prior notice, until we confirm your booking.
  • If you have a coupon code, qualify for a discount, or have a gift card with applicable funds, it must be applied BEFORE purchase. We cannot apply any retroactive discounts.
  • Promotional codes cannot be stacked, consolidated, transferred, re-used, or redeemed for cash value unless otherwise noted. All promotional codes have an expiration date, whether explicit or not. Where allowed under applicable law, expiration dates for coupon codes, promotional codes, or discounts are set at 1 year from issuance when no date is explicitly noted and expiration dates for gift cards are set at 3 years from issuance when no date is explicitly noted.
  • Tours listed on the Sites are displayed and priced in the local currency, unless otherwise noted on the page or as selected by you or the user.
  • All bookings are processed in ($) US Dollars, unless otherwise requested by a user on the web page.
  • Guests accept any and all fees associated with Purchases using credit card.
  • Licensed booking software sets all exchange rates internally, and customer service agents have no control over any rates displayed on page. Guests should take note that any live rates listed on 3rd party sites, such as those set by xe.com or fxstreet.com, are meant only as Interbank rates for transactions over $1M, and are not to be understood as a general consumer rate. If you are interested in learning more about exchanges, currencies, or payment options, please contact us in advance of booking.

  

  1. Cancellations & Refunds

Cancelling or amending a Purchase can result in cancellation/amendment fees being applied, as outlined at the Cancellation Policy. 

  • Cancellations made more than 24 hours (23:59 local time) prior to tour commencement are eligible for a refund for the full value of your booking, or may be exchanged for future travel credit.
  • Cancellations received within 24 hours of departure, late arrivals, and no-shows after a tour departs are not eligible for refunds.
  • Tours from Home are unique online products unlike our traditional tours and can be rescheduled without a fee up to 12 hours before the service.

Detailed information and additional cancellation and amendment terms are outlined in the Cancellation Policy.  These Terms and Conditions encompass the Cancellation Policy by reference.  By making a purchase or booking or using any of our services, you are agreeing to these Terms and Conditions and the Cancellation Policy referenced herein.

Any cancellation/amendment must be communicated: 

  • Via e-mail to: [email protected] or
  • Via telephone:            From the US (toll-free): +1 (415) 969-9277

International: +1-202-684-6916 

A booking is considered successfully cancelled or amended only after we send successful notification via email and cancellation/amendment fees are assessed.

All tours are sold as an entire package; as such there will be no offers of partial refunds for portions of a service that a guest has decided not to utilize. If a guest has pre-purchased tickets to any sites visited, or tours or site visits similar to the tour booked from an outside vendor, we are not responsible/liable for the reimbursement or prorating of any such fees. 

Force Majeure. If a site, attraction, or visit on your schedule tour service/itinerary is closed due to force majeure, including strikes or other unforeseen closures, the Company will do its best to contact guests soon as possible, and offer a suitable substitution, reschedule a different service, or provide a refund, pending availability and at full company discretion. 

  

  1. Admission & Entry
  • Upon Purchasing a Service, you will receive a confirmation email that details meeting location and specific meeting time.
  • Guests are asked to arrive to the meeting point 15 minutes prior to the start of the tour.
  • Give yourself ample time to reach meeting points. If you or your travel companions are running late or need assistance in finding the meeting point, please call our office at the number provided in your confirmation email, and we will do our best to assist you, however it is your ultimate responsibility to reach a meeting point on time.
  • We are unable to compensate or reschedule any guests who miss their tour due to traffic or any other circumstance.
  • The operator is not responsible for failure to arrive at a tour meeting point on time. Please see the no show/late arrival clause on the Cancellation Policy .
  • Please ensure that all members of your party have a valid photo ID on them on the day of the visit. This is particularly important for guests who have qualified for a reduction based on age or student status. Students should bring a valid photo ID and student ID to every tour.
  • The use of illegal or controlled substances, including smoking marijuana, is not permitted at any time. The smoking of tobacco, e-cigarettes or other products the produce a vapor or smoke is allowed only in designated outdoor smoking areas.

  

  1. Attire & Face Coverings
    In addition to following face covering requirements, all guests must wear proper attire, including shoes and shirt, at all times.  We reserve the right to refuse service to or remove any person, in our sole discretion and without liability, wearing attire that we consider inappropriate or attire that could detract from the experience of other guests. 
     
  2. Travel Insurance
    We strongly recommend guests arrange travel insurance to cover cancellations and delays due to unforeseen circumstances, or those beyond all control (e.g. inclement weather, strikes, seismic events). We also recommend guests arrange medical and personal insurance to cover any medical expenses, loss of baggage, loss of personal belongings, or other such travel mishaps. Guests agree we, and any local partner operators, are not liable for any of such unforeseen circumstances, and hold both parties harmless. All claims to reimbursements for insurance must go directly through the guests’ insurance provider, and not through us or our affiliates. 

  

  1. Right to Manage

We reserve the right, but do not undertake the obligation to: 

  • Monitor or review the Purchases and Services for violations of the Terms and Conditions and compliance with our terms and policies
  • Report to law enforcement authorities and/or take legal action against anyone who violates the Terms and Conditions
  • Refuse or restrict access to or the availability of any Services if you violate the Terms and Conditions, the law, or any of our terms or policies
  • Manage the Services in a manner designated to protect our and third parties’ rights and property or to facilitate the proper functions of the Services
  • Screen guest(s) who Purchase or participate in Services or attempt to verify the statements of said guest(s)

Without limiting any other provision of the Terms and Conditions, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of any Service to any person for any reason or for no reason at all, including without limitation for breach of representation, warranty, or covenant contained in the Terms and Conditions, or any of application law or regulation.  

 

  1. Changes to Terms

We may update or revise these Terms and Conditions or any other policies related to the Services or Purchases at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law.  Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here. 

  

  1. Assumption of Risk
    You and all guests assume all risk of danger and injury when participating in the Services. No suit shall be maintainable for loss of life or bodily injury to you or any guest unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date. 

  

  1. Privacy
    Any personal information that you disclose to us is subject to our privacy policy which governs the collection and use of information that is supplied. You understand that through the use of the Services and any Purchases, you consent to the collection and use (as set forth in our Privacy Policy) of this information. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements, administrative messages and customer feedback notifications. These communications are considered part of the Services we provide and you may not be able to opt-out of receiving. 

 

  1. Governing Law
    These Terms and Conditions and its interpretation shall, to the maximum extent allowed, be governed by and construed in accordance with the laws of the state of Delaware in the United States. 

  

  1. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HORNBLOWER GROUP, INC. AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (COLLECTIVELY, “HORNBLOWER GROUP FAMILY OF COMPANIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS. This provision does not require you to indemnify any of the Hornblower Group Family of Companies for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
 

  1. Disclaimer of Liabilities

You acknowledge that the various third party suppliers that provide transportation, sightseeing, guiding, accompaniment, escort, activities, or other services connected with any booked tours are independent contractors of the Company. We make arrangements with these independent contractors solely for your convenience. We do not act on behalf of, control or supervise the parties, entities, or persons who own, furnish or operate such services as independent contractors and we have no authority to control or direct the means of transportation or any other aspect of the services furnished by independent contractors.  Such services are subject to the terms and conditions of those suppliers. The Company and its respective employees, websites, brands, subsidiaries, parent entities, affiliated entities, officers, directors and representatives (“Released Parties”) neither own nor operate any independent contractor which is to, or does, provide goods or services for these trips, tours and forms of transportation, and, as a result, do not maintain any control over the personnel, equipment, or operations of these suppliers, and assume no liability for and cannot be held liable for any personal injury, death, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (1) sickness, weather, strikes, hostilities, wars, terrorist acts, acts of nature, local laws or other such causes (2) any wrongful, negligent, willful, or unauthorized acts, defect, omissions or default on the part of any of the tour suppliers, or other employees or agents in performing these services, (3) any defect in or failure of any vehicle, equipment, instrument owned, operated or otherwise by any of these suppliers, or (4) any wrongful, willful, or negligent act or omissions on any part of any other party not under the direct supervision, control or ownership of the Company. You agree to release, hold harmless, and indemnify the Released Parties from and against any claims, damages, costs or expenses arising from any of the foregoing. All services and accommodations are subject to the laws and regulations of the country in which they are provided. The Company is not responsible for any baggage or personal effects of any individual participating in the tours or trips arranged by it. Individual travelers are responsible for purchasing a travel insurance policy, if desired, that will cover some of the expenses associated with the loss of luggage or personal effects.
 

WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY OR PROPERTY DAMAGE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. 

  

YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO US.
 

  1. Legal Disputes and Agreement to Arbitrate

Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court. 

  1. Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Services.  Most concerns may be quickly resolved by informal means. We will work in good faith 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.
  2. Agreement to Binding Arbitration. 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 initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, 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 and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions 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 interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
  3. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration 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 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  4. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the state of Delaware. The parties expressly consent to exclusive jurisdiction of the courts thereof.
  5. The license granted herein is revocable upon refunding to passengers the Ticket price.

 

  1. Non-Waiver

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision. 

 

  1. Severability

These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. 

 

  1. Assignment

We may assign our rights under these Terms and Conditions without your approval. 

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