Terms & Conditions
Revision Date: 08/02/2023
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.
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.
When You access, use, or participate on the Sites, You represent that:
a. any information You may submit is truthful and accurate;
b. The use of the Products, including any Services available on the Sites by You do not violate any applicable law or regulation, and
c. if You purchase Services through the Site:
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;
ii. 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.
You may only use the Sites as expressly permitted by these Terms and Conditions. Specifically, without limitation, you may not:
(1) purchase or reserve a number of tickets for a Service that exceeds the stated limit for that Service;
(2) 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;
(3) use a robot, spider or other device or process to make automated purchases through the Sites;
(4) impersonate another person or entity or conceal your identity by using multiple e-mail addresses or phony names or contact information;
(5) 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;
(6) assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions; or
(7) use the Sites for any unlawful purpose or prohibited by these Terms and Conditions.
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 and Conditions 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, in its sole discretion, to change, modify, add to, subtract from or remove these Terms and Conditions at any time. If we make changes to these Terms and Conditions, we will provide notice through the Sites or by updating the “Revision Date” date at the beginning of these Terms and Conditions. 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.
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.
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.
LIABILITY AND WARRANTIES DISCLAIMER
By using the Sites or any of the Services, You acknowledge and agree that the use of the Sites is at Your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall TopView be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use, the Sites or any material linked to the Sites (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if TopView has been advised of the possibility of such damage. In addition, TopView does not accept any liability in respect of any changes made to the content of the Sites by unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law.
Any software which is downloadable from the Sites is downloaded at your own risk.
Nothing in these Terms and Conditions affects your statutory rights. By accessing or using the Sites provided by or on behalf of TopView or our subsidiaries or other affiliates or ordering, receiving or using any Products or Services by TopView through the Sites, street ticket sellers or through any Third Party Channel, You 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 the Services operated by TopView or any of its affiliates or other third parties, You, hereby for yourself, your heirs, executors, administrators, assigns, or personal representatives, release, waive and discharge TopView, and any of TopView’s past, present and future directors, officers, employees, representatives, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates (direct or indirect), agents, predecessors, successors and assigns (individually and collectively, the “TopView Parties”) 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.
We are not liable to You for any deficiencies in service, problems with admission, public health violations, safety problems, personal injury or sickness, including any health and safety matters relating to any epidemic or pandemic, including but not limited to COVID19, that should arise when you visit any of the attractions. You should resolve such problems with the attraction directly, just as You would if you had purchased an admission ticket from the attraction without the use of any Services.
We are not liable to You for traffic conditions or weather that may affect Your ability to use the Services.
If we fail to comply with these terms, we are responsible for foreseeable loss or damage You suffer that is a reasonable result of our breaking this contract or our failing to use reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and You knew it might happen, for example, if You discussed it with us during the sales process.
We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
Nothing in these Terms and Conditions shall exclude or limit any statutory or common law rights that You enjoy as a consumer.
We only supply services for personal, non-business use. You are not entitled to re-sell the pass for any commercial or business purpose and we will have no liability to You for any loss or profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any delay or failure to perform any or our obligation under these Terms and Conditions if such delay or failure results from events, circumstances or causes beyond our reasonable control, including without limitation interruption or failure of internet or utility, collapse or buildings, act of god, fire, explosion, drought, earthquake or other natural disaster, nuclear, chemical or biological contamination or sonic boom, terrorism, war, civil war, civil commotion or riot, pandemic or epidemic, any labour or trade dispute, strikes, industrial action or lockouts, and any law or any action taken by a government or public authority.
You hereby assert that Your participation is voluntary and that You knowingly assume all risks associated with the aforementioned Products and Services, and You waive any and all rights, claims, or causes of action arising out of Your participation in the Service.
IYouagree to indemnify and hold harmless the TopView Parties for any and all claims, suits or actions of any kind that would be associated with You or anyone on Your behalf, including but not limited to legal fees and any related costs that may arise from such actions.
You 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.
YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE READ THIS LIABILITY AND WARRANTIES DISCLAIMER, YOU ACKNOWLEDGE THAT YOU FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT YOU 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 YOU AND INTEND YOUR AGREEMENT TO THESE TERMS AND CONDITIONS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Occasionally, an error may occur and Products may be either incorrectly priced or described. In which case, we are not obliged to supply any applicable Service at the incorrect price or in accordance with the incorrect description, or at all. TopView reserves the right to correct any errors from time to time. Where a pricing error is obvious and not mistakeable and could reasonably have been recognized by You as a mispricing, TopView may (at our discretion) either cancel Your order and refund the price You have paid or use reasonable endeavours to contact you and ask whether You wish to continue with the order at the correct price or correct description. If TopView is unable to contact You or You do not wish to continue with the order at the correct price or correct description, TopView will cancel your order and refund the price You have paid
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..
You must keep your ticket(s) safe. TopView will not issue replacement tickets by any means.
You must show or purchase your ticket as You board. The ticket remains the property of TopView. You must produce each ticket for inspection by an authorized Company Official on demand. You must surrender TopView tickets upon demand to an authorized representative of TopView..
Youmay not use any TopView Services without a valid ticket for the entire journey You wish to make. If You are found traveling without a valid ticket, You will be charged the full ticket price for a replacement ticket.
A ticket entitles You to use all TopView services during operational hours for the duration of the ticket. When the ticket expires You 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, use of a specific Product or at a specific time.
You 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 the TopView Parties from and against all actual or alleged TopView Party or third party claims, injuries, theft, tort, 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 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, (e) your violation of the rights of another, (f) Your consumption of alcohol or drugs prior to, during or after the use by You of any TopView Service. 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 to the exclusion of a fare-paying passenger. 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.
Brooklyn tour, Bronx tour, Night tour, Liberty Cruise, and Event Cruises depart only if a minimum of 8 passengers are present for each scheduled departure. If less than 8 passengers are present, the tour does not depart. Your ticket is valid for the next available departure for the respective non-departed tour (Brooklyn, Bronx, Night, Tea Around Town ™ ,Liberty Cruise, or Event Cruises).
We do not provide refunds for a tour's non-departure and the only remedy available to You in non-departure tour cases is to use the next available departure for the respective tour.
On rare occasions due to weather, security, unforeseen acts of nature or/and other conditions beyond our control, TopView reserves the right to change or terminate any scheduled tour.
All busses and 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 its Products and Services 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, if You are on the upper deck of a Bus or Boat, You must remain seated while the bus is in motion. Violations of this safety rule will result in You being removed from the bus and/or invalidation of your ticket, without any refund for any unused portion.
All buses are equipped with CCTV. TopView makes no representation, warranty covenant or agreement that the CCTV is operational at any time.
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 does not guarantee available seating on either deck. TopView reserves the right to refuse access to travel on a particular departure if circumstances threaten tour safety.
Certain of the Services include the offering of food and beverage for sale and/or the service of food and beverage as a part of the Service (e.g. “Tea Around Town”). Participation in Services that involve the preparation, purchase, service and consumption of food and/or beverages (“Food Service”) carries with it inherent risks that include but are not limited to health hazards resulting from improper transport, handling and storage, and food allergies that cannot be eliminated regardless of the care taken to avoid injuries.The specific risks vary, and can include but are not limited to food allergies (whether known or unknown) cooking food thoroughly; separating and not cross contaminating foods; chilling or refrigerating food appropriately; cleaning foodstuffs, instruments and hands used in and for food preparation; fire or gas hazards. By accepting the Services, you, for yourself, those persons for whom you have purchased tickets of any of the Services, your and their heirs, personal representatives or assigns, agents, employees and affiliates do hereby assume all risks associated with Food Service. The TopView Parties can not and do not assume or accept any risk of, responsibility for, or liability with respect to food allergies of any persons participating in the services, whether or not were made aware of any such food allergies.
In consideration of being permitted to participate in the Services where prepared food, cooked, perishable or otherwise are transported, further prepared, and consumed, you, for yourself, your heirs, personal representatives or assigns, agents, employees and affiliates, do hereby release, waive, discharge, and covenant not to sue any of the TopView Parties, its affiliates, direct or indirect, officers, employees, and agents from liability from any and all claims resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in the Services.
The safety of our customers and staff is our highest priority. To protect You and others, we request that all passengers on-board meet all safety measures required by TopView Sightseeing. By purchasing our tickets, you confirm the following conditions:
You have not been tested positive for or experienced any symptoms of COVID-19 in the past 14 days
You have not been knowingly in contact with anyone who has tested positive for COVID-19 or has or had symptoms of COVID-19
You agree that you must contact TopView Sightseeing® as soon as any status change occurs prior to or during the use of our services.
All sales are final. There are no refunds on any used or unused services. There are no refunds or exchanges for lost or stolen tickets. A refund or exchange will not be issued due to a disruption or inability to attend, complete or enjoy any Product or Service provided by TopView or its partners.
Additionally, refunds will not be given for:
Bad weather, if the bus or vessel is operating
Complaints about traffic or buses/vessel taking a long time to arrive
Long boarding lines
Employee complaints (other than in extraordinary cases, as determined by TopView in its sole and absolute discretion)
Bus or vessel temperature (too hot/too cold)
Complaints relating to any attractions, tours, or activities provided by partners that are included in packages
Any schedule change or closure of any attractions, tours, or activities provided by partners that are included in packages
Tickets purchased through third parties
Last-minute trip cancellations
Your may receive a refund if:
Your credit card was charged more than once for the same transaction
All refund requests must be made in writing within 7 days of scheduled service, must include a copy of the ticket(s) purchased, and should be e-mailed to our Customer Service Department at email@example.com.
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.
Any purchased event which departs at a specific date and time must be used on the specific date and time only. If you want to reschedule the purchased event, TopView may, at its own discretion, charge a rescheduling fee of up to 50% of the total order amount.
All rescheduling requests must be made in writing at least 14 days prior to the original scheduled date, must include a copy of the ticket(s) purchased, and should be emailed to our Customer Service Department at firstname.lastname@example.org. The approval process of rescheduling requests may take up to 14 business days.
Making a rescheduling request does not guarantee the approval of the rescheduling. TopView, at its own discretion, may deny rescheduling requests. Any rescheduling requests of any and all holiday related events will be denied.
ACCIDENT OR LOSS
You are solely 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 Products and 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
Except for Products and Services for which TopView expressly indicates includes the serving of alcoholic beverages or for which TopView offers for purchase, the consumption of drugs or alcohol are prohibited on the buses or vessels at all times. The only alcohol that may be consumed onboard a TopView bus or vessel is alcohol provided by or purchased from TopView on such bus or vessel. You bringing alcohol or illicit drugs (including marijuana) on one of our buses or vessels is strictly prohibited. You must be of legal drinking age (21 or over) to consume alcoholic beverages on board. If You bring alcoholic beverages onboard, consume alcoholic beverages on board that were not served to You by TopView or purchased from TopView, or attempt to receive alcoholic beverages from TopView if you are not legally entitled to consume alcoholic beverages, then You will be removed from the bus or vessel and your ticket shall no longer remain valid. TopView reserves the right to deny boarding to You should You appear to TopView or any of its employees to be under the influence of alcohol or any drug. If You are removed from or denied boarding on one of our buses or vessels, You shall not be entitled to a refund of any kind.
You consume any alcohol in connection with any Products or Services at your own risk. TopView expressly disclaims any liability with respect any consumption of alcohol by You onboard or in the vicinity of any bus or vessel or otherwise in connection with any actions You may take or fail to take as a result, directly or indirectly, of your consumption of alcohol in connection with any Product or Service.
TopView may at its discretion require Youto 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.
Attraction admission is only included in Services that specify such attractions are included in the description for the applicable Service, 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.
The pass entitles the holder to admission to listed attractions and services (the attractions) upon presentation and without further payment, together with any other offers and discounts where appropriate (the special offers and / or passholder offers).
Admission to attractions is subject to the pass being valid. All attractions are required to accept admission as outlined in the attraction offer for the pass purchased, subject to their normal admission criteria. You may only visit an attraction on one occasion on each pass.
There is a limit of one person per pass, although you may purchase passes for the use of others, in which case the other persons will be the sole users of their respective passes.
Passes are non-transferable and you may not re-sell them.
Use of a single pass to gain admissions for multiple individuals constitutes fraud and may be subject to legal action. You agree to reimburse us for costs incurred through misuse of the passes including any amounts we are contractually bound to pay to visited attractions, as well as our legal costs and any recovery costs incurred by us to obtain such reimbursement from You. If You use the pass improperly or in breach of these Terms and Conditions, You agree to indemnify us as a result of such misuse.
You are subject to each attraction's rules, safety protocols, regulations, and terms and conditions as a condition of entry to each attraction. Attractions may change operating hours, close temporarily, have limited capacity or sell out, modify admission inclusions, or may otherwise change or be discontinued without notice and without liability to us or the attractions. Photo identification may be required for entry to an attraction, as determined by the attraction.
Your entry to an attraction constitutes consent for each attraction and TopView to use any film, photograph, video, or likeness of Service bearer for any purpose whatsoever without any payment or other compensation to the Service bearer.
TopView is a tourism company and has no responsibility or control over the operation of any attraction included in any Service. By purchasing a Service, You have agreed that TopView shall have no liability for any claim, injury, loss, theft, tort, or other dispute or controversy ("Claim") that is directly or indirectly related to Your visit to an attraction, any travel to or from an attraction, or Your Service purchase experience with a third party seller,.
TopView has done its best to ensure the accuracy of the information on our websites, apps, and in the descriptions of the attractions. Because conditions, including but not limited to hours, holiday closures, etc. at the attractions may change from time to time subsequent to the purchase date, TopView cannot guarantee that each attraction will honor its indicated commitments at the time You make use of the pass. To the extent permitted by applicable law, TopView is not liable to You for any loss, expense, damage, or other inconvenience caused in any way by Your reliance upon information contained on the website, the apps or in any attraction descriptions accompanying your Service.
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 You. To receive the 2 hour extension, You must purchase at least 1 hour bike rental.
By purchasing on this Website You hereby acknowledge and accept that different fees may be applied, collected and used at the company’s sole discretion.
The Company reserves the right, at its sole discretion, to add, remove, change, modify, increase or decrease any fees at any time without prior notice to any product sold.
All bus tours and cruises depart regardless of weather conditions.
TopView assumes no responsibility for any seasonal views including foliage views, 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 events.
Event vehicles / 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.
Unless otherwise stated, all intellectual property in the Sites and all rights in any information which appears in the Sites (including the screen displays, the content, the text, graphics and look and feel of the Sites) belongs to TopView or its licensors. All trademarks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders’ rights. TopView does not make any representation or warranty that the Sites do not infringe any intellectual property rights of third parties.
If You use of any intellectual property displayed on or relating to the Sites, except as provided in these Terms and Conditions, is strictly prohibited. TopView will aggressively enforce its intellectual property rights to the fullest extent of the law. Nothing relating to the Sites should be construed as granting any license or right in or to any trademarks, service marks or trade dress of TopView or any other intellectual property owned by TopView or any of its affiliates.
You may print off one copy, and may download extracts, of any page(s) from the Sites for your personal use and you may draw the attention of others to content posted on the Sites.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must acknowledge TopView’s status (and that of any identified contributors) as the authors of content on the Sites.
You must not use any part of the content on the Sites for commercial purposes without obtaining a license to do so from TopView or its licensors.
If you print off, copy or download all or any part of the Sites in breach of these Terms and Conditions of use, your right to use them will cease immediately and you must, at TopView’s option, return or destroy any copies of the materials you have made.
THIRD PARTY SITES
TopView is not responsible for the content of any other sites that are linked to or from the Sites and TopView excludes all warranties and all liability for any loss or damage you incur as a result of your use of such sites.
LINKING CONDITIONS FOR SITES
You may not link to the Sites unless you have obtained the prior written consent of TopView, which may be granted or refused in the absolute discretion of TopView. If you have obtained consent, you must comply with the following conditions:
You must only link to the homepage of this website. Linking to other content within the Sites is prohibited without TopView’s express written permission;
You may not use any TopView logo or graphic as part of the link without TopView’s prior written consent, which may be granted or refused in the absolute discretion of TopView;
the link and surrounding content on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and TopView; (b) portray TopView, or its products or services, in a false, misleading, derogatory or otherwise offensive manner, or in a way which damages or is likely to damage the reputation of TopView; or (c) alter the layout, content, look or feel of the Sites; and
You must not establish a link to the Sites where such link is not owned by you.
TopView assumes no responsibility for the content of websites linked on the Sites. Such links should not be interpreted as an endorsement by TopView of those linked websites. TopView will not be liable for any loss or damage that may arise from your use of them.
You must not use the Sites for any unlawful, improper or illegal purpose or activity. Furthermore, you must not use the Sites in a way which causes or may cause:
damage to TopView’s reputation; the Sites, or the services offered through the Sites, to be interrupted, damaged or impaired;
a virus or malicious code to be introduced into any part of the Sites;
offence or detriment to any other person who uses the Sites;
TopView, You or any other user of the Sites to be in breach of any applicable law or regulation; or
detriment to any person who supplies services to TopView in connection with the Sites.
You are strictly prohibited from:
modifying, translating, decomposing, decompiling, reverse engineering, disassembling or otherwise attempting to gain access to the source code of all or any part of the Sites;
interfering 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;
use Sites to cause harm or damage to any person or entity;
engaging in any of the following actions: 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 us as part of penetration test or other security test;
creating derivative works from any part of the Sites; or
copying any part of the Sites (including any related documentation) or making commercial use of, leasing, charging, selling, publishing, sub-licensing, distributing, assigning or otherwise transferring any part of the Sites.
Whenever you make use of a feature that allows you to upload content to the Sites, or to make contact with other users of the Sites, you must comply with the content standards set out above in the “Acceptable Use” section.
You represent and warrant that any such contribution does comply with those standards, and You will be liable to TopView for any breach of that warranty. This means You will be responsible for any loss or damage TopView suffers as a result of a breach of warranty by You.
Any content you upload to the Sites will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but, by uploading to the Sites, you are granting TopView a perpetual, limited licence to use, store and copy that content and to distribute and make it available to third parties. As such, You grant to TopView a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of and display your content in connection with the Products and Services across different media, including the Sites.
TopView also has the right to disclose Your identity to any third party who is claiming that any content posted or uploaded by you to this website constitutes a violation of their intellectual property rights, or of their right to privacy.
TopView will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Sites.
TopView has the right to remove any posting You make on the Sites if, in its opinion, your post does not comply with the content standards set out above in the “Acceptable Use” section.
The views expressed by other users on the Sites do not represent TopView’s views or values.
You are solely responsible for securing and backing up Your content.
If any part of these Terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these Terms and Conditions. These Terms and Conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent. Any such invalid or unenforceable part or parts shall be severable from these Terms and Conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.
COLLECTION OF YOUR INFORMATION
We may collect information about You in a variety of ways. The information we may collect on the Sites 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.
TopView may conduct photoshoots and videoshoots on any tours, cruises, and events. By purchasing tickets from TopView, you agree to grant TopView the permission to use your image, voice, video and/or appearance as such may be embodied in a photograph, video, or other digital or printed media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. All photos will become the property of TopView, and TopView has full rights to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. Additionally, you agree to waive any right to royalties or other compensation arising or related to the use of the Photo. You also release TopView or any of its employees, managers, directors, agents, assignees, from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have by reason of this authorization.
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
If the application of any provision or provisions of these Terms and Conditions to any particular facts or circumstances is held to be illegal, invalid or unenforceable by any arbitrator, arbitration panel or court of competent jurisdiction, the validity and enforceability of such provision or provisions as applied to any other particular facts or circumstances and the validity of other provisions of these Terms and Conditions will not in any way be affected or impaired thereby, and TopView and You agree that the arbitrator, arbitration panel or court of competent jurisdiction making such determination will have the power to modify the provision in a manner consistent with its objectives such that it is enforceable.
If TopView delays or does not enforce any provision of these Terms and Conditions, such delay or inaction shall not be considered a waiver of any provision or right available to TopView. If TopView delays enforcing any of these Terms and Conditions, we can still enforce them later.
TopView may transfer our rights and obligations under these Terms and Conditions to another organization. You are not permitted to transfer, sub-license or deal in any of the Products without our prior written permission.
Neither You nor us intend that these terms will be enforceable by any other person.