Terms & Conditions
Revision Date: 12/13/2019
Welcome to TopView Sightseeing (or, “TOPVIEW”) and our Terms and Conditions. These terms and conditions are important and affect your legal rights, so please read them carefully. Note that our terms and conditions contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
These terms and conditions do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, Services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these terms and conditions.
TopView reserves the right to change or modify these terms and conditions at any time and in our sole discretion. If we make changes to these terms and conditions, we will provide notice through the Sites or updating the “Revision Date” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised terms and conditions and all of the terms incorporated therein by reference. We encourage you to review the terms and conditions frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised terms and conditions, you may not access or use the Sites or order, receive or use the Products.
LIABILITY AND WARRANTIES DISCLAIMER
By accessing or using the websites and mobile applications provided by or on behalf of TopView or our subsidiaries or other affiliates or ordering, receiving or using any Services offered by TopView through the Sites, street ticket sellers or through any third party retailer, online or e-commerce platform, mobile application, blog or other third party channel, I hereby agree to the following:
In consideration of the risk of physical injury, pain, property damage, direct or consequential loss, any other damage, delay, inconvenience, however caused, and any other dangers associated with the participation in a sightseeing tour bus or bus ride, boat cruise or tour, bike rental or bike tour known as the Services operated by the company (hereinafter referred to as “TopView”) or any of its affiliates or other third parties, I hereby for myself, my heirs, executors, administrators, assigns, or personal representatives, release, waive and discharge TopView, and any of TopView’s directors, officers, employees, representatives, and agents from any liability and warranties for and from any and all claims including but not limited to negligence, physical injury, property damage, accidents, illnesses, pain, regardless of severity.
I hereby assert that my participation is voluntary and that I knowingly assume all risks associated with the aforementioned Service, and I waive any and all rights, claims, or causes of action arising out of my participation in the Service.
I agree to indemnify and hold harmless TopView for any and all claims, suits or actions of any kind that would be associated with me or anyone on my behalf, including but not limited to legal fees and any related costs that may arise from such actions.
I agree that any dispute, controversy or claim arising out of or in regards to this liability and warranties disclaimer shall be settled by binding arbitration in accordance with the laws of New York State, before a single arbitrator of the American Arbitration Association (“AAA”). The arbitration process including but not limited to payments, administration and fees will be conducted under the AAA regulations and rules.
You and TopView agree that any dispute arising out of or related to these terms and conditions or the Services offered by TopView is personal to you and TopView and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and TopView agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and TopView agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
I HAVE READ THIS LIABILITY AND WARRANTIES DISCLAIMER, I ACKNOWLEDGED THAT I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO THESE TERMS AND CONDITIONS, AND HAVE AGREED TO THE TERMS AND CONDITIONS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY AGREEMENT TO THESE TERMS AND CONDITIONS TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
The Customer must keep their ticket(s) safe. TopView will not issue replacement tickets.
The Customer must show or purchase their ticket as they board. The ticket remains the property of the Company. The Customer must produce each ticket for inspection by an authorized Company Official on demand. The Customer must surrender TopView tickets upon demand to an authorized Company Official.
The Customer may not use any TopView service without a valid ticket for the entire journey the Customer wishes to make. Customers found traveling without a valid ticket will be charged the full ticket price for a replacement ticket.
A ticket entitles the Customer to use all TopView services during operational hours for the duration of the ticket. When the ticket expires the Customer must either leave the tour at the next available opportunity, or purchase another ticket. Extensions will not be given.
A ticket does not guarantee travel on a specific service or at a specific time.
Passengers will only be given one set of headphones per ticket for the duration of the ticket.
All sales are final. There are No Refunds on any used or unused services. There are No Refunds or Exchanges for Lost or Stolen Tickets. On rare occasions due to weather, security, unforeseen acts of nature or/and other conditions beyond our control, TopView reserves the right to change or terminate any scheduled tour and assumes no responsibility for delays.
You are not permitted to resell or otherwise use the Products for commercial purposes.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless TopView, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “TopView Parties”), from and against all actual or alleged TopView Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Sites, Content, Products, or Services by you or any third party you authorize to access or use such Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these terms and conditions, and (e) your violation of the rights of another. You agree to promptly notify TopView of any third party Claims, cooperate with the TopView Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the TopView Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and TopView.
For all sightseeing tour bus or bus rides, boat cruises or tours, excluding any special events, children under 4 years of age ride for free, provided children are accompanied by an adult and do not occupy a separate seat. Child rates apply to children 4 through 12 years of age. For all cruise events including but not limited to July 4 Cruises, New Year's Eve Cruises, Christmas Cruises, all passengers, including children need to purchase tickets to get admission to the event.
TopView assumes no responsibility for delays in tour operations.
On rare occasions due to weather, security, unforeseen acts of nature or/and other conditions beyond our control, TopView reserves the right to change or terminate any scheduled tour.
All vessels are subject to change without prior notice at TopView's sole discretion, any such change will not be considered as a cause for refund or any claim whatsoever.
DEPARTURE POINTS AND TIMES
TopView endeavors to provide departure points and times for the service that are as accurate as possible. However, we reserve the right to vary such departure points and times without prior notice at any time, as circumstances require.
TopView reserves the right to deviate from the route of a service in the event of a march, parade, or where reasonably prudent to do so in the light of circumstances beyond TopView’s control.
BUSES AND BUS SAFETY
For safety reasons, all Customers on the upper deck must remain seated while the bus is in motion. All buses are equipped with CCTV.
While TopView endeavors to operate its open-top, double-decker buses, it reserves the right to operate closed-top, double-decker buses from time to time, especially in bad weather. During busy times, TopView cannot guarantee seating on either deck. TopView reserves the right to refuse access to travel on a particular departure if circumstances threaten tour safety.
There are no refunds or exchanges for lost or stolen tickets. There are no refunds on any services, used or unused. For example, refunds will not be given for:
Bad weather, if the bus is operating
Complaints about traffic or buses taking a long time to arrive
Long bus lines
Employee complaints (other than in extraordinary cases, as determined by TopView)
Bus temperature (too hot/too cold)
Complaints relating to other attractions included in packages
Tickets purchased through third parties
Last-minute trip cancellations
A Customer may receive a refund if:
TopView Sightseeing is completely unable to operate
A customer’s credit card was charged more than once for the same transaction
All refund requests must be made in writing within 14 days of scheduled service, must include a copy of the ticket(s) purchased, and should be e-mailed to our Customer Service Department at firstname.lastname@example.org.
Making a refund requests does not guarantee a refund. Where a refund may be given, TopView reserves the right to offer a partial refund. TopView may charge a 15% administrative fee for each refund.
ACCIDENT OR LOSS
Customers are responsible to guard and take care of all personal property. TopView is not responsible for lost, stolen, or missing items.
Topview does not assume any responsibility or liability for any damage, injury, loss, inconvenience, traffic conditions, access to sites, delays, additional costs incurred, or any other conditions for any reason pertaining to Topview Sightseeing Services.
TopView is not liable for any loss, damage, delay, inconvenience, direct or consequential loss, however caused.
TopView reserves the right to cancel, change, or substitute any or all offers and/or prices and/or services and/or equipment without prior notice at any time.
DRUGS AND ALCOHOL
The consumption of drugs or alcohol are prohibited on the bus at all times.
TopView may at its discretion require any Customer to leave a tour if TopView deems their conduct a risk to his/her safety or to the safety of other Customers, or offensive or a nuisance to other Customers.
There is no mandatory admission charge for public entry to The Metropolitan Museum of Art and American Museum of Natural History. These museums only suggest, but do not mandate an admission donation. For each entrant to any of these museums, TopView makes an agreed upon payment to the museum.
CENTRAL PARK BIKE RENTAL
The 2 hour Central Park bike rental included in passes (except for Attraction Pass) is an extension of any bike rental purchased by customers. To receive the 2 hour extension, customers need to purchase at least 1 hour bike rental.
Additional restrictions may apply to the free WiFi service. Offers are subject to change. After the free period, WiFi service is offered starting as low as $4.99.
Attraction admission is only included in passes that specify such attractions are included in the "Included With Pass" section, for example, The Metropolitan Museum of Art admission is included in Attraction Pass™ 48 Hours, but not NYC Sightseeing Pass 48 Hours or NYC Downtown Pass. Hop-on hop-off bus tours and other double decker bus tours do not include admission to attractions along the routes.
A processing fee will be added to the order total. For all passes excluding event cruises, the processing fee is 3.5%. For event cruises, the processing fee is 6.25% and the marine fee is 3.75%.
All cruises sail regardless of weather conditions.
TopView assumes no responsibility for any fireworks or special effect cancellations. Tickets are non-refundable.
On rare occasions due to security, unforeseen acts of nature or / and other conditions beyond TopView's control, TopView reserves the right to change or terminate any scheduled event.
Event vessels and routes are subject to change without prior notice at TopView's sole discretion, any such change will not be considered as a cause for refund or any claim whatsoever.
Event food menu, liquor, and beverage selections are subject to change without prior notice at TopView's sole discretion, any such change will not be considered as a cause for refund or any claim whatsoever.
COLLECTION OF YOUR INFORMATION
We may collect information about you in a variety of ways. The information we may collect on the Site includes:
Personal Data: Personally identifiable information, such as your name, address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you choose to interact with the Site. You are under no obligation to provide us with personal information of any kind. However, your refusal to do so may prevent you from using certain features of the Site.
Derivative Data: Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.
Data From Contests, Giveaways, and Surveys: Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.
USE OF YOUR INFORMATION
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:
Send you a newsletter
Administer sweepstakes, promotions, and contests
Compile anonymous statistical data and analysis for use internally or with third-parties
Deliver targeted advertising, coupons, newsletters, and promotions, and other information regarding our website and mobile application to you
Email you regarding your account or order
Fulfill and manage purchases, orders, payments, and other transactions related to the Site
Increase the efficiency and operation of the Site
Monitor and analyze usage and trends to improve your experience with the Site
Notify you of updates to the Site
Offer new products, services, and/or recommendations to you
Perform other business activities as needed
Process payments and refunds
Request feedback and contact you about your use of the Site
Respond to product and customer service requests
DISCLOSURE OF YOUR INFORMATION
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights: If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Third-Party Service Providers: We may share your information with third parties (such as TripAdvisor) that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, marketing assistance, and sending review solicitation emails.
Marketing Communications: With your consent, or with an opportunity for you to withdraw consent, we may share your information with third-parties for marketing purposes, as permitted by law.
Business Partners: We may share your information with our business partners to offer you certain products, services or promotions.
Other Third-Parties: We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third-parties for marketing purposes, as permitted by law.
We are not responsible for the actions of third-parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third-parties, you are responsible for contacting the third-party directly.
Cookies and Web Beacons
You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
SECURITY OF YOUR INFORMATION
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
POLICY FOR CHILDREN
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
CONTROLS FOR DO-NOT-TRACK FEATURES