Except when it is indicated that it is acting as tour operator, A Friend in New York™ (AFNY) is acting solely as sales agent for the offers represented.

All discounts and pricing offered are exclusively the offer of A Friend in New York™ and not necessarily the offer of the suppliers represented. A Friend in New York™ may be providing offers at less than the recommended pricing of the supplier or venue.

Only limited number of tickets are available for each offer and any offer may be withdrawn when those tickets are claimed or purchased or at any time prior to the exhaustion of ticket or coupon availability.

Special Conditions and Refund Policies for Specific Offers:

For refundable tickets, it is recommended that guests returning tickets send them by priority mail or certified mail with delivery receipt requested to ensure that delivery is made to that address by the refund deadline. A courier service such as Federal Express may also be used to that address.

Airport transportation by Airlink New York is provided by that company. A Friend in New York™ offers Airlink bookings as a convenience for its guests, who may elect to become Airlink New York customers but is not party to any agreement for transportation between Airlink New York and its customers.

Land and Sea Tour, Tuesday, August 1, 2006. A Friend in New York™, acting as tour operator, has the right to cancel the tour due to insufficient participation. Minimum group participation will be 14 guests. If the tour is cancelled for this reason, each prepaid guest will be entitled to a full refund or may elect to receive as a substitute one prepaid ticket voucher for the CitySightsNY downtown tour plus a South Street Seaport food court voucher plus a ticket for a one-hour sightseeing harbor cruise on the Zephyr (total comparable retail value $66).

Refunds will be issued only to the person who paid for the original purchase of an item or to the person’s company in the case of a company expense account purchase.

Refunds will not be issued for unused portions of tours.

,A Friend in New York™ will not refund the cost of vouchers once they have been exchanged for tickets with an authorized ticket agent.

Metropolitan Museum of Art guest passes are available only to tour groups and may be refunded only by the issuing organization, which is A Friend in New York™. A Friend in New York™ will refund unclaimed or unused guest passes which are received by A Friend in New York™ at 260 Seventh Street, Hoboken, NJ 07030, by midnight, August 15, 2006. There is no expiration date to the guest passes.

Theater tickets are not refundable at any time. If A Friend in New York™ receives a 10 day advance notice that a guest cannot use a previously ordered ticket for a ticket that is in the physical possession of A Friend in New York™, we will make every effort to resell the ticket, including using eBay.com to sell the ticket. If the ticket is resold, A Friend in New York™ will refund price received for the ticket through resale less a $15 resale fee per ticket. Sales fees such as eBay.com fees will be deducted from the resale price before the resale fee is applied. Theater tickets which are being held at the box office in a customer’s name cannot be refunded or resold by A Friend in New York™ and are deemed in the physical possession of the purchaser.

CitySightsNY tour and Gray Line Sightseeing tickets are not refundable.

Tour Plan Adherence and Substitutions.

Every effort will be made for each aspect of the tour to be run as stated. However, all events and venues may be subject to availability and subject to change. We reserve the right to make substitutions for both events and venues when we believe they are necessary depending upon street closings, emergencies, holiday closings, Presidential visits, traffic congestion, water main breaks, event cancellations by event organizers, fires, blackouts and other challenges that interfere with the tour plan running exactly as scheduled.

Guides.

New York City tours are directed by guides licensed by the City of New York. A Friend in New York™ (AFNY) tour directors are thoroughly familiar with the tours offered, as they have participated in creating the tours. Guides are dressed conservatively, in appropriate attire. A Friend in New York™ does not guarantee that the same guide will escort the group for each day or segment of the tour. There is no licensing of tour guides outside of New York City; however, all tours outside of New York City are led by guides with experience similar to our New York City licensed guides. All guides will be qualified in the tour specialties and be licensed by the City of New York when tours include New York City venues.

Positive Identification

Some venues and facilities on the tour may require positive identification for admission. Accordingly, AFNY recommends that all guests retain positive identification at all times. AFNY is not responsible for the denial of admission or service due to the lack of a guest’s positive identification.

Limits on A Friend in New York’s Responsibility.

A Friend in New York™ (AFNY) does not own or operate any entity which is to or does provide goods or services for your tour. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent contractors.

As a result AFNY is not liable for any negligent or willful act of any such person or entity or of any third person. In addition and without limitation, AFNY is not responsible for any injury, loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from, but not limited to, acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.

AFNY will make every effort to ensure that tours are available to all guests subject to compliance with the Americans with Disabilities Act (ADA). Accordingly, it is guest’s responsibility to inform AFNY at the time of booking of any need to ensure that venues, transportation or accommodations are ADA-compliant. AFNY will make every effort to ensure that reasonable accommodation is provided as required by the ADA where facilities are not ADA-compliant.

Any guest must advise us in writing, at or prior to booking, of any physical, emotional or mental condition which may require professional attention during the trip or may require the use of special equipment. If a guest fails to disclose any such condition, AFNY may refuse to allow the guest to take the trip and the guest will forfeit the trip cost; and in such event, we shall have no liability, financial or otherwise.

If a guest is so challenged, the guest must bring and be responsible for all necessary items related to the guest’s condition. If any such condition arises after the trip is booked, the guests must advise us in writing immediately. Failure to advise us shall release AFNY and all professional personnel from any liability related to such condition or its treatment.

As there are certain inherent risks in adventure travel, AFNY does not offer tour programs that include, but are not limited to, white water rafting, kayaking and rafting, horseback riding, hiking, walking safaris, downhill or cross country skiing.

AFNY reserves the right to decline to accept anyone on a trip. AFNY reserves the right to remove from the trip, at the guest’s sole expense, any guest whose condition is such that he or she could create a hazard to himself or others, or otherwise impact the enjoyment of other guests on the tour.

Emergency Services.

In the case of a guest who becomes ill on a tour operated by A Friend in New York as tour operator, the guide will arrange for immediate transportation to a nearby emergency medical facility. This will be at the guest’s (or the guest’s appointed legal guardian’s) exclusive discretion, unless the guest is incapacitated, in which case the guide will arrange immediate transportation to the nearest emergency medical facility.

AFNY is not responsible for the costs of any medical treatment a guest may require during the tour. Under no circumstances is AFNY responsible for the quality of medical care, or lack thereof, a guest may receive while on the tour.

Smoking Policy.

For the safety and comfort of all guests, smoking is not permitted at any venue or on any transportation during the tour.

Photography During Tour.

AFNY reserves the right to take photographs during the operation of any program or part thereof and to use resulting photographs for promotional purposes. By booking a reservation with AFNY, program members agree to allow their images to be used in such photographs. Program members who prefer that their images not be used are asked to identify themselves to their tour director or guide at the beginning of their program so we may honor that request.

Litigation.

It is agreed by and between the customer and A Friend in New York that all disputes and matters whatsoever arising under, in connection with or incident to tours provided by AFNY shall be litigated, if at all, in and before a court located in the State of New Jersey, U.S.A., to the exclusion of the courts of any other state or country.

Payment and Refund Schedule and Policy.

The payment of a deposit for AFNY tour by the person or persons making or authorized to make such deposits shall be deemed to be an acceptance by each of them and for all guests in the tour for whom the authorized deposit is presented of all of the terms and conditions stated herein or as modified by mutual agreement.