General Responsibilities, Terms and Conditions
Definitions
The terms “A Friend in New York™” and “AFNY” refer to A Friend in New York Ltd., a domestic profit corporation in accordance with New Jersey state law identification no. 0400363188, New Jersey state business registration certificate no. 1581506, federal EIN no. 27-3186781, located at 260 Seventh Street, Hoboken, NJ 07030.
Tour Plan Adherence and Substitutions.
Every effort will be made for each aspect of the tour to be run as described in the tour plan or tour description. 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. AFNY guides and tour directors are thoroughly familiar with the tours offered, as they have participated in creating the tours. AFNY does not guarantee that the same guide will escort the group for each day or segment of a tour. There is no licensing of tour guides in most areas outside of New York City; however, all tours outside of New York City are led by guides or tour escorts 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.
Tour Pricing and Billing.
Except where specifically noted in the tour description, the billing described in the Tour Plan includes all transportation including driver, tolls, taxes, driver gratuities where AFNY is responsible for arranging local ground transportation; guide fees; admission fees and/or suggested donations; artist and/or professional honoraria; prix fixe lunch and/or other meals where applicable including taxes and gratuities. All expected gratuities to waiters, luggage porters, housekeeping staff, bellmen and doormen have been included as specified in the tour description. Gratuities are not included for the AFNY tour director, escort or AFNY guides, where applicable; such are at the guests' discretion and should be based on the level of satisfaction with service received. AFNY reserves the right to change pricing for late reservations or to add late reservation fees or early booking discounts.
Costs Not Included in Tour Pricing and Billing.
Costs not included in our tour pricing include personal travel insurance; international and internal airfares, airport departure taxes, airport security fees, excess baggage charges unless otherwise noted; cost of obtaining passports, entry visas or other travel documents; gratuities to the AFNY tour director, escort or guides as outlined above; meals, beverages or sightseeing not included in the itinerary; personal expenses such as laundry, communication charges and optional activities; hotel mini-bar and room service expenses.
Responsibility of the Group Leader for Group Tours.
The group leader is a member of a tour group with the authority and responsibility to act as the liaison between the group and the tour guide or escort furnished by AFNY. The group leader is the sole spokesperson and decision maker for the group while the tour is in progress, and is solely responsible for authorizing any last-minute changes in the tour due to field conditions (see “Tour Plan Adherence and Substitutions”). The group leader is responsible for obtaining and maintaining copies of valid release forms authorizing emergency medical treatment for all minors in school and affinity tour groups. The group leader will ascertain any food allergies or similar conditions that affect group members and advise the tour guide of any such conditions so as to ensure the comfort and safety of all of our guests.
It is the responsibility of the group leader for school tours to ask the teachers, chaperones or escorts to remind students of appropriate dress, and advise young visitors that the possession of items that may arouse security concerns, which may otherwise seem perfectly innocent to them, may result in their exclusion from particular sites and confiscation of that item. All guests should expect security activities at all sites visited.
Travel Documents and Positive Identification.
Guests who are not U.S. citizens are hereby advised that they may require valid passports and/or visas to enter the United States. Please confirm with the U.S. State Department for the latest travel requirements. All guests, U.S. citizens and non-citizens alike are required to have positive identification upon boarding aircraft and on many other transportation modes. Some venues and facilities on the tour may also 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 guests’ positive identification.
Compliance with Security Requirements.
It is the responsibility of each guest to comply with all security requirements on all modes of transportation and at all venues visited, and at all accommodations. The possession of items that may arouse security concerns, which may otherwise seem perfectly innocent to our guests, may result in their exclusion from particular sites and confiscation of that item. All guests should expect security activities at all sites visited. AFNY is not responsible for any costs incurred by any guest due to the failure of that guest to comply with security requirements.
Child Policy.
There is no minimum age requirement for AFNY tours. However, some activities contained within a tour and some venues may have a different age restriction than the overall minimum age requirement. If so, this is noted in the tour plan or tour description. Details can be requested at time of booking.
Limits on A Friend in New York’s Responsibility.
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.
For group tours, the group leader represents that neither he nor she nor anyone traveling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the tour.
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 the responsibility of the guests, or if a group, the group leader, to inform AFNY at the time of booking, or as soon thereafter as possible, 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 where facilities are not ADA-compliant.
Any guest must advise AFNY in writing, at or prior to booking, of any physical, emotional or mental condition that 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, AFNY 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 or behavior 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, 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. For groups, AFNY will be supplied by the group leader with copies of release forms authorizing emergency medical treatment for all minors in tour groups, or the group leader will maintain such forms.
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.
AFNY has adopted a standard operating procedure in which the guide or tour director will temporarily suspend the tour and wait with a stricken guest for the arrival of emergency medical services. The tour guide, escort or director will resume the tour after the guest has been assured to receive such attention. If the stricken guest is a minor, a chaperone will accompany the stricken guest for medical treatment and for any further related and necessary activity. A stricken guest may resume participation in the tour whenever the guest receives medical clearance to do so.
Insurance.
AFNY maintains a liability insurance policy. AFNY offers optional travel protection and cancellation insurance to guests on its packaged group tours.
Accommodations.
All accommodations are in the category described in the tour plan. At times hotel substitution may occur, however similar standard class accommodations will be provided. All personal expenses or incidentals which guests may incur, which may include telephone or mini-bar usage, may require a credit card upon check-in in accordance with the policies of the hotel.
Smoking Policy.
Smoking is not permitted at any venue or on any transportation during the tour.
Photography During Tour.
AFNY reserves the right to take photographs and videos during the operation of any program or part thereof and to use resulting photographs or videos for promotional purposes. By booking a reservation with AFNY, guests agree to allow their images to be used in such photographs or videos. Guests who prefer that their images not be used are asked to identify themselves to their tour director, escort or guide at the beginning of their tour 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.
Certification
Each guest certifies that he or she will obey all lawful instructions by security officers, police and similar authorities, and will not engage in behavior that may be deemed illegal, illicit or dangerous to himself or herself or to others. AFNY tour guides and staff are authorized to exclude any guest who may exhibit such behavior. Should a guest who has exhibited such behavior be excluded from the tour in whole or in part, AFNY, and its employees and sub-contractors, will bear no responsibility to reimburse the guest for any missed activities in whole or in part.
Each guest certifies that he or she is responsible to be at departure points and all activities at the specified times. Neither AFNY nor its employees or sub-contractors, will reimburse guests who are not at specified departure or meeting points at the specified time for any missed activities in whole or in part.
Each guest certifies that neither AFNY nor its employees or sub-contractors, will post bail or bond, or pay any fine for any guests who may be held for any illicit or illegal activities.
Payment Policy.
The payment of a deposit for an 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.
Cancellation and Refund Policy and Schedule.
A full refund will be given up to 30 days before your scheduled date of departure. However, all tickets for optional activities such as pre-paid theater tickets or specific payments or deposits that are so designated as non-refundable at the time of payment are not refundable at any time. Once a final payment has been made for such items there are no refunds. In case of such cancellation, AFNY will make every effort to resell unused theater tickets. If AFNY successfully resells the ticket, the cost of any ticket resold will be refunded to, less a reasonable administrative fee to cover the expense of reselling unused tickets.
All cancellations and cancellation confirmations must be received in writing in order to verify date of cancellation. Or, cancellation may be initiated by a timely telephone call, fax or e-mail to AFNY. The date and time of cancellation will be the date on which the e-mail, fax or telephone call is received. All cancellations must be confirmed in writing.
AFNY intends and will attempt to provide a refund of pre-paid admission fees for events or visits scheduled on the Tour Plan or Itinerary which may subsequently be changed or altered due to the event organizers’ or vendors’ inability to deliver the services originally agreed upon.
The following schedule defines the refund policies of A Friend in New York™ and the valid dates for the items indicated:
Days Prior to Departure Cancellation Fee or forfeiture
30 days or more full refund – no cancellation fee or forfeiture
29-15 days 50% of tour price
14-0 days 100% of total price
Optional Theater and Event Tickets are NOT refundable after purchase.
Revised March 15, 2011
