Terms and Conditions

Term and Conditions

NYC Guide Pro Customer Terms and Conditions
Revised June 23, 2016

This Agreement sets forth the terms and conditions between NYC Guide Pro Llc. (NYC Guide Pro) and users who use our services to purchase tours and travel services (“You”). This Agreement explains how You purchase tours and travel services and specifically limits the liability of NYC Guide Pro.

You must read this Agreement before using the Site and booking a Tour. Use of the Site constitutes an agreement to all terms and conditions in this Agreement and you warrant that you understand, agree to and accept all terms and conditions contained here.

1. General

NYC Guide Pro provides tours. We do this through our website, NYCGuidePro.com (“Site”), which is a communications and payment processing system that enables the connection between You and NYC Guide Pro.

2. Transactions

You may seek the services of NYC Guide Pro through the use of the Site. Once NYC Guide Pro has accepted your request for service and your payment has been processed, there is a binding contract between You and NYC Guide Pro. Once you have purchased a tour, if there are any issues relating to the service you should contact NYC Guide Pro and we will attempt to resolve the issue.

NYC Guide Pro uses a third party service to process your credit card information. For further information regarding that service, please contact NYC Guide Pro’s credit card processing company(ies). You hereby agree to hold NYC Guide Pro harmless for any damages that may result should any personal information about You be released by any third parties.

3. Refunds

Any cancellation by You must be made by telephone or email and acknowledged by NYC Guide Pro. The date on which the request to cancel is received by NYC Guide Pro will determine the refund due as follows:

Cancellation 60 days or more before departure: Amount paid less upfront costs. These upfront costs are disclosed to you when you use the Site to complete the transaction and may represent out of pocket expenses of NYC Guide Pro for tickets, transportation deposits and other ancillary expenses.
Cancellation 59 to 31 days before departure: deposit paid or 80% of tour price if paid in full.
Cancellation less than 30 days before departure: no refund

You are strongly encouraged to obtain cancellation insurance. In certain circumstances, this will cover the cost of cancellation.

In some cases, NYC Guide Pro may cancel a tour due to weather or other circumstance. In the event that NYC Guide Pro cancels the tour, or does not deliver it as promised, You may choose between a rescheduling of the tour OR a full refund of all monies paid or a credit towards an alternative tour. If you choose to accept a credit, the difference in the cost of the alternative tour will be refunded by NYC Guide Pro or paid by You, as applicable.

NYC Guide Pro is not responsible for any incidental expenses You may have incurred in reliance on the tour or travel services booked on the Site, including, without limitation, expenses arising from the purchase of visas, vaccinations, non-refundable flights, or of any loss of enjoyment.

4. ACCEPTANCE OF RISK AND WAIVER OF LIABILITY

You acknowledge that all travel involves an element of risk and that some tours offered on the Site may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release NYC Guide Pro from all claims and causes of action whatsoever arising from any injury, death or other damages, both pecuniary and non-pecuniary, to You that may occur as a result of your participation in the tours offered on the Site or as a result of the negligence of any party, including NYC Guide Pro, whether such negligence is passive or active.

You are strongly encouraged to obtain suitable medical insurance prior to booking a tour.

We urge you to exercise caution if you purchase any goods during your tour. NYC Guide Pro does not make any claims about the quality, source or other provenance of any goods which may be available for purchase.

5. Prohibited Use

The Site may not be used to recruit, solicit, or contact a business not affiliated with NYC Guide Pro unless you first obtain express written permission from NYC Guide Pro.

6. Information Provided by You

You are responsible for providing accurate, timely and complete information in connection with Your registration for and use of the Site. NYC Guide Pro is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You.

NYC Guide Pro will only use your information in accordance with our Privacy Policy. NYC Guide Pro will use its best efforts to ensure the privacy of all other personal information, however we expressly disclaim any liability for any damage that may result should any information be released to any third parties. You hereby agree to hold NYC Guide Pro harmless for any damages that may result.

NYC Guide Pro uses a third party service to process your credit card information, therefore we have no access to your credit card information. For further information, please contact NYC Guide Pro’ credit card processing company.

7. Modification of the Terms of this Agreement

NYC Guide Pro reserves the right to make changes to this Agreement from time to time. NYC Guide Pro shall provide notice to You of any substantive and/or material changes to this Agreement or any policies posted on the Site by posting such changes on the Site.

8. Term of Agreement

This Agreement will become effective immediately upon your use of the Site and shall remain effective unless terminated by either party as provided here. Either party may terminate this Agreement by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, NYC Guide Pro may terminate this Agreement immediately for any breach by You of this Agreement or any applicable policy of NYC Guide Pro as posted on the Site from time to time. In the event of termination or expiration, the following sections shall survive: Section 1 (General); Section 4 (Acceptance of Risk and Waiver of Liability); Section 6 (Information Provided by You); Section 8 (Term of Agreement); Section 9 (Intellectual Property Rights); Section 10 (Notice of Trademark Rights); Section 12 (Disclaimer of Warranties); Section 13 (Limitation of Liability); Section 15 (Legal Claims); and Section 16 (Miscellaneous Provisions).

Should You violate the terms of this Agreement, NYC Guide Pro reserves the right, without prejudice to any other rights or remedies available to NYC Guide Pro, to terminate your use of this Site immediately at its sole discretion.

9. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that You see or read on the Site is owned by NYC Guide Pro, or is used with the owner’s permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use redesign, reconfigure, or retransmit anything from the Site without the prior written permission of NYC Guide Pro.

10. Notice of Trademark Rights

The service marks and trademarks NYC Guide Pro and the NYC Guide Pro logo are service marks owned by NYC Guide Pro. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the prior written permission of NYC Guide Pro or the applicable owner.

11. Privacy

NYC Guide Pro is committed to ensuring the privacy of the information you give us. Our Privacy Statement is located on the NYC Guide Pro Site.

12. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. NYC GUIDE PRO DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.

13. Limitation of Liability

Under no circumstances will NYC Guide Pro be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the Site. Furthermore, the TOTAL liability of NYC Guide Pro arising with respect to this Agreement and the Site shall in no event exceed the total amounts paid by You to NYC Guide Pro under this Agreement.

14. Notice

Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

15. Legal Claims

For all disputes between NYC Guide Pro and You relating to the Site, this Agreement, transactions facilitated or conducted through the Site and tours ordered or purchased through the Site, dealings between You and NYC Guide Pro, or any related matters (“Disputes”), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the courts of the State of New Jersey, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of the State of New Jersey, in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the State of New Jersey, within six (6) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.

16. Miscellaneous Provisions

Failure by NYC Guide Pro to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of New Jersey.

These Terms of Use and the Liability Release, if applicable, constitute the entire agreement between You and NYC Guide Pro with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of NYC Guide Pro, its successors and assigns.

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

 

NYC Guide Pro Cancellation Policy
NYC Guide Pro Cancellation Policy

Any cancellation by you must be initiated by telephone to the NYC Guide Pro office at 562-448-6877 OR by email to brian@NYCGuidePro.com. We will acknowledge your cancellation by email.

In certain cases you may be eligible to receive a full or partial refund depending upon:
• the reason for your cancellation or
• the number days of prior to the start of the tour your cancellation request is received or
• the amount expended by the individual guide to prepare for your tour or
• the cancellation policy option you choose

NYC Guide Pro is not responsible for any incidental expenses You may have incurred as a result of the purchase of your tour such as visas, vaccinations, non-refundable flights or loss of enjoyment, etc.

Please contact us if you have any questions about our cancellation policy.

Standard Cancellation Policy

If you cancel or cannot take your tour as a consequence of force majeure, NYC Guide Pro will refund the amount you have paid for your tour to a limit $1000 USD. If you have paid more than $1000 for your tour, NYC Guide Pro will refund the amount you have paid less any non-recoverable out-of-pocket costs NYC Guide Pro has incurred on your behalf – car rentals, admissions, hotel reservations, tickets etc. We may require you to provide verification to confirm that you were unable to take your tour if you request a refund under this provision.

Force Majeure includes impersonal events such as war, civil insurrection, strikes, volcanoes, extreme weather, earthquake or natural disaster that makes the it dangerous or impossible to safely undertake the tour. The determination of what constitutes ‘Force Majeure’ is at the discretion of NYC Guide Pro.

For cancellation due to any other reasons (such as illness, change of personal circumstances), the date on which the request to cancel is received by NYC Guide Pro will determine the refund due as follows:

If you cancel 60 days or more before the start of the tour: No cancellation fee. We will refund the amount paid less any non-recoverable upfront costs incurred by the Tour Guide on your behalf. These upfront costs represent out of pocket expenses of the Tour Guide for tickets, transportation deposits and other non-recoverable tour expenses. Please send a message to the Tour Guide to find out what, if any, these costs are.

If you cancel 59 to 30 days before the start of the tour: 20% cancellation fee. If you have paid for your tour in full, we will issue a refund of 80%. If you paid only a deposit we will refund only the amount paid in excess of 20% of the tour price.

If you cancel less than 30 days before the start of the tour: 100% cancellation fee.

In some cases, NYC Guide Pro may cancel a tour due to weather or other circumstance. In the event that NYC Guide Pro cancels the tour, you may choose between a rescheduling of the tour, a full refund of all monies paid OR a credit towards an alternative tour. If you choose to accept a credit, the difference in the cost of the alternative tour will be refunded or paid by you as applicable.