General Responsibilities, Terms and Conditions

Tour Plan Adherence and Substitutions.

Every effort will be made for each aspect of the tour to be run as stated in the Tour Plan. 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) The tour directors are thoroughly familiar with the tours offered, as they have participated in creating the tours. Guides are dressed conservatively, men in jacket or tie and women in appropriate attire, and drivers in uniform. 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.

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 A Friend in New York 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 program description. Gratuities are not included for the AFNY Tour Director or AFNY guides, where applicable; such are at the guests' discretion and should be based on the level of satisfaction with service received. Where given, per person pricing is provided as a reference only.

Costs Not Included in Tour Pricing and Billing.

Costs not included in our tour pricing include personal travel insurance; international and internal airfares unless otherwise noted; cost of obtaining passports, entry visas or other travel documents; airport departure taxes; excess baggage charges; gratuities to the AFNY tour director or guides as outlined above; meals/beverages/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.

The group leader is a member of the group with the authority and responsibility to act as the liaison between the group and the tour guide furnished by A Friend in New York. 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.

Child Policy.

There is no minimum age requirement unless indicated on the individual tour plan or proposal. However, some activities contained within a tour may have a different age restriction than the overall minimum age requirement. Details can be requested at time of booking.

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 the responsibility to the group leader 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.

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 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, 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. A Friend in New York will be supplied with copies of release forms authorizing emergency medical treatment for all minors in school 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.

Insurance.

AFNY insurance information will be provided in proposals upon request.

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.

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.

Cancellation and Refund Policy.

A full refund will be given up to 60 days before your scheduled date of departure less a $100 administrative fee. However, all Admission tickets, pre-paid theater tickets and room or venue deposits that are designated as not refundable or non-refundable (below) are not refundable at any time. Once a final payment has been made for such items there are no refunds. All cancellations must be received in writing by certified or registered mail, in order to verify date of cancellation. The client should also initiate a timely telephone call, fax or e-mail to A Friend in New York. A Friend in New York will refund pre-paid admission fees for events or visits scheduled on the Tour Plan which may subsequently be changed or altered due to the event organizers’ or providers’ inability to deliver the services originally agreed upon.

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.

The following table defines payment due dates and AFNY refund policies for the items indicated:

Item	Category	Payment Schedule	Refund Schedule and Policy
AFNY planning and administration fee.		Upon agreement	Not refundable.
Initial Deposit (50% of estimated total tour cost -excluding theater tickets).	Per category below:	75 days before tour date	Per category below:
	Guide and Speaker Fees and Transportation		AFNY guide fees are fully refundable until 30 days before tour date; then 50% refundable until 15 days before tour date; not refundable within 15 days of tour date. Transportation refundable according to the policies of the transportation provider for the class of transportation booked.
	Admissions (United Nations, Empire State Building, museums, NBC studios, etc.)		Refundable according to the policies of the venue.
	Statue of Liberty Ferry		Fully refundable until 7 days before tour date.
	Meals outside hotel		Fully refundable until 30 days before tour date or according to the policy of the venue reserved. Usually not refundable within 5 days of scheduled date.
	Accommodations		Forfeiture of deposit if not cancelled at least 60 days before tour date. Balance will fully refundable up to 30 days before tour date. Not refundable within 30 days of tour date.
Advice from client on rooming list (if required) is due 30 days before tour date
	Hotel breakfasts		Fully refundable until 10 days before tour date. Usually not refundable within 5 days of tour date.
	Hotel housekeeping gratuities		Fully refundable.
Final payment.		30 days before tour date
Theater and Event Tickets.		Upon booking	Not refundable after purchase.

Revised January 29, 2005