1. Terms of Purchase 

• You may not purchase or reserve a number of tickets for an event or activity that exceeds the stated limit for that event or activity or make more than ten (10) Purchases through the Service in any 72-hour period, whether on your own or behalf of a group. 
• You affirm you are making the applicable reservation or purchase on your personal behalf, or on behalf of your personal friends and/or family. You may not use the Service for any commercial purposes, such as purchasing tickets in bulk or for resale.
• Purchases are not confirmed until you receive an email or written confirmation of the Purchase of the Service. Prices confirmed at the time of Purchase are honored for the date reserved in the Purchase.
• The prices listed on or by the Ticket Source are per person, unless otherwise specified. These prices are subject to change without prior notice, until the Purchase is confirmed.
• The listed prices do not include tips or gratuities, personal insurance, items of a personal nature, or any food or beverages not listed as included in the Service. 
• Full payment by a payment card, or other authorized payment method if allowed by the respective Ticket Source, is necessary to Purchase a Service.  We do not charge a service fee for processing credit cards.
• You affirm 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 and the e-mail address you provide to us in connection with making a Purchase is unique and personal to you.
• You will not be permitted to board a vessel, or other applicable mode of transportation associated with a reservation you make through the Service, unless at the time of boarding you provide identification that matches the name of the individual who made the applicable reservation and present the payment card used in connection with the applicable reservation upon request.

2. Changes & Cancellations 

• Any requested change is subject to availability, and we cannot guarantee that we will be able to make a requested change. Any changes to the Purchase must be requested directly through Alcatraz City Cruises and not the third-party provider the Purchase was made from, if applicable. You may contact us at [email protected] or 415.981.7625 to request changes to a Purchase.
• To request a cancellation, contact [email protected] or 415.981.7625 or go to https://www.cityexperiences.com/san-francisco/city-cruises/alcatraz/account/ for cancellations that are seventy-two (72) hours or more from the date of the Service Purchased and Ticket Assurance has not been purchased.

• Cancellations 72 hours or more: If you cancel a Purchase seventy-two (72) hours or more in advance of the date of the Service Purchased, your payment for that reservation will be refunded in full. 
• Cancellations less than 72 hours: If you cancel a Purchase less than seventy-two (72) hours in advance of the date of Service Purchased, you will not receive a refund for that reservation unless we can resell your ticket(s). We shall have the right, but not the obligation, to resell your ticket(s). 
• Cancellations with Ticket Assurance: If you have purchased Ticket Assurance and you cancel your Purchase twenty-four (24) hours or more in advance of the date of the Service Purchased, your payment for that Purchase will be refunded in full, minus the cost of the Ticket Assurance. 
• Cancellations less than 24 hours: If you cancel a Purchase less than twenty-four (24) hours in advance of the date of the Service Purchased, you will not receive a refund for that reservation, unless we are able to resell your ticket(s). We shall have the right, but not the obligation, to resell your ticket(s). 

• Applicable refunds will be processed within fourteen (14) days of the date we receive your cancellation request.  We will also provide a refund in the event of security, safety, or similar closures that prevent us from honoring your Purchase. In the event we are unable to provide a Purchased Service for any reason, our only obligation is to refund the actual cost that you paid for the applicable Purchased Service we were unable to provide.
• Refunds will not be provided due to construction projects on Alcatraz Island or the resulting closure of interior spaces, such as Alcatraz Island Cellhouse.  Refunds will not be provided because of COVID-19 related health mandates from the City and County of San Francisco, or the State of California, impacting the availability of parties of the Alcatraz Island tour, as described at the time of the Purchase. 

3. Attire & Face Coverings 

In addition to following face covering requirements, all guests must wear proper attire, including shoes and shirt, at all times.  We reserve the right to refuse service to or remove any person, in our sole discretion and without liability, wearing attire that we consider inappropriate or attire that could detract from the experience of other guests.  

4. Registration as a Seller of Travel 

Alcatraz City Cruises, LLC is registered under California law as a seller of travel, and its registration number is 2094770-50.  This registration does not constitute approval by the State of California of our services or actions. California law requires companies to have either a trust account or a bond as a means of consumer protection, and Alcatraz City Cruises, LLC has a bond issued by RLI Insurance Company in the amount of $20,000.  Alcatraz City Cruises, LLC is a participant in the Travel Consumer Restitution Fund. 

5. Right to Manage 

We reserve the right, but do not undertake the obligation to: 

• Monitor or review the Purchases and Services for violations of the Terms and Conditions and compliance with our terms and policies
• Report to law enforcement authorities and/or take legal action against anyone who violates the Terms and Conditions
• Refuse or restrict access to or the availability of any Services if you violate the Terms and Conditions, the law, or any of our terms or policies
• Manage the Services in a manner designated to protect our and third parties’ rights and property or to facilitate the proper functions of the Services
• Screen guest(s) who Purchase or participate in Services or attempt to verify the statements of said guest(s)

Without limiting any other provision of the Terms and Conditions, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of any Service to any person for any reason or for no reason at all, including without limitation for breach of representation, warranty, or covenant contained in the Terms and Conditions, or any of application law or regulation.  

6. Changes to Terms 

We may update or revise these Terms and Conditions or any other policies related to the Services or Purchases at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law.  Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here. 

7. Assumption of Risk 

You and all passengers assume all risk of danger and injury when participating in the Services. No suit shall be maintainable for loss of life or bodily injury to you or any passenger unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date. 

8. Privacy 

Any personal information that you disclose to us is subject to our privacy policy which governs the collection and use of information that is supplied. You understand that through the use of the Services and any Purchases, you consent to the collection and use (as set forth in our Privacy Policy) of this information. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements, administrative messages and customer feedback notifications. These communications are considered part of the Services we provide and you may not be able to opt-out of receiving. 

9. Governing Law 

These Terms and Conditions and its interpretation shall, to the maximum extent allowed, be governed by and construed in accordance with the general maritime law of the United States; to the extent such maritime law is not applicable, it shall be governed by and construed in accordance with the laws of the state of California in the United States. 

10. Indemnification 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HORNBLOWER GROUP, INC. AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (COLLECTIVELY, “HORNBLOWER GROUP FAMILY OF COMPANIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS. This provision does not require you to indemnify any of the Hornblower Group Family of Companies for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
 

11. Disclaimer of Liabilities 

WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY OR PROPERTY DAMAGE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. 

IN ADDITION TO THE LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY GRANTED UNDER THE TERMS AND CONDITIONS, WE ALSO RETAIN ANY AND ALL LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY ACCORDED TO SHIP OWNERS AND TOUR OPERATORS BY STATUTE OR RULE OF LAW INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED FOR IN 46 UNITED STATES CODE APP. SECTIONS 30501 30511. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING 46 UNITED STATES CODE APP. SECTIONS 30501-30511, YOU, ON BEHALF OF YOURSELF AND ANY AND ALL OF YOUR HEIRS, SUCCESSORS AND ASSIGNS, COVENANT NOT TO SUE OR TO INSTITUTE OR CAUSE TO BE INSTITUTED ANY KINDS OF CLAIM OR ACTION IN ANY FOREIGN, FEDERAL, STATE OR LOCAL AGENCY OR COURT AGAINST US ARISING OUT OF, IN THE COURSE OF, FROM OR ATTRIBUTABLE TO THE SERVICE OR THESE TERMS AND CONDITIONS. 

YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO US.
 

12. Legal Disputes and Agreement to Arbitrate 

Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court. 

1. Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Services.  Most concerns may be quickly resolved by informal means. We will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
2. Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
3. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
4. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the sections above by sending written notice of your decision to opt-out to the following address: Alcatraz City Cruises, Pier 33 South, Suite 200, San Francisco, CA 94111, Attn: Group Services Department, or by fax to 415.394.9904. The notice must be sent within thirty (30) days of commencing use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, we also will not be bound by them
5. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in San Francisco, California except for small claims court actions which may be brought in the court where you reside. The parties expressly consent to exclusive jurisdiction of the courts thereof.
6. The license granted herein is revocable upon refunding to passengers the Ticket price.

13. Non-Waiver 

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision. 

14. Severability 

These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. 

15. Assignment 

We may assign our rights under these Terms and Conditions without your approval. 

1. Terms of Purchase 

• We reserve the right to cancel the Service and/or change scheduled departure and/or return times without prior notice. We shall not be required to make a refund or offer any credit for changes in scheduled departure and/or return times. Only cancelled Services are subject to the cancellation policy below.        

2. Changes & Cancellations 

• When purchasing tickets through our website or mobile application, you can protect your booking with Ticket Assurance.

• Purchases made without Ticket Assurance are a non-refundable final sale, but may be re-scheduled up to 48 hours prior to the original booking’s departure time. 
• Purchases made with Ticket Assurance may re-schedule up to 2 hours prior to original departure time. 
• Only Purchases made with Ticket Assurance may be cancelled for a full refund, minus the cost of non-refundable Ticket Assurance.  Cancellations for Purchases made with Ticket Assurance may be cancelled up to 2 hours prior to the original departure time.   

• If you need to reschedule, visit our website at www.cityexperiences.com and select “Manage My Booking” or contact customer support. If you need to cancel, please contact customer support.
• Any requested change is subject to availability, and we cannot guarantee that we will be able to make a requested change.

3. Admission & Entry 

• All guests much check-in with a confirmation number and/or ticket prior to boarding.
• All guests and personal items are subject to following posted health & safety protocols.
• To participate in the Service, each guest must meet any boarding or participation criteria as posted on our website, and/or at our ticket booth, or at any location, if applicable to the Service.
• Any guest who does not meet the boarding or participation criteria may be denied participation in the Service and we shall not be obligated to make any refund or other compensation to you whatsoever.
• For Services, where applicable, guests may be required to sign or electronically acknowledge, on behalf of yourself and any accompanying minor, acceptance of our Release and Waiver of Liability form which will be provided to you in advance of your scheduled departure time.
• We reserve the right to refuse service or remove guests from a vessel, event or premises at any time if determined, in our sole discretion, to be necessary (1) for appropriate safety reasons, (2) if a guest causes discomfort, inconvenience, or annoyance to other guests, crew members or agents, or (3) if a guest’s behavior is deemed to threaten the safety, good order or discipline.
• For the safety of crew and guests, all persons, purses, handbags, and backpacks are subject to search before boarding a vessel. We reserve the right to not allow any bag, parcel, or other item and to deal with any unattended object, bag, backpack, or luggage in such way as management considers appropriate.
• We shall not be liable whatsoever for any personal items that are lost or stolen while you are on our premises or participating in our Services.
• Restricted and dangerous articles are strictly prohibited.
• Outside food & beverage is not permitted.
• The use of illegal or controlled substances, including smoking marijuana, and/or the smoking of tobacco, e-cigarettes or other products that produce a vapor or smoke is strictly prohibited.
• The purchase of a ticket and/or entering the premises is considered consent to have your image or likeness appear in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, any of our locations, for any purpose.
• All tours are subject to change without prior notice.
• Actual vessel use for the tour is not guaranteed and an alternative vessel may be used without prior notice.
• It is each guest’s responsibility to arrive on-time and be in the designated staging area no later than 30 minutes prior to the scheduled departure time. We shall not be responsible for refund or any other compensation if the guest misses their scheduled departure time or they’re denied access by failing to comply with the terms & conditions.
• In the event we are unable to provide a purchased service for any reason, our only obligation for direct purchases, is to refund the purchase price that you paid for the applicable service.

4. Attire 

All guests must wear proper attire, including shoes and shirt, at all times.  We reserve the right to refuse service to or remove any person, in our sole discretion and without liability, wearing attire that we consider inappropriate or attire that could detract from the experience of other guests.  

5. Right to Manage 

We reserve the right, but do not undertake the obligation to: 

• Monitor or review the Purchases and Services for violations of the Terms and Conditions and compliance with our terms and policies
• Report to law enforcement authorities and/or take legal action against anyone who violates the Terms and Conditions
• Refuse or restrict access to or the availability of any Services if you violate the Terms and Conditions, the law, or any of our terms or policies
• Manage the Services in a manner designated to protect our and third parties’ rights and property or to facilitate the proper functions of the Services
• Screen guest(s) who Purchase or participate in Services or attempt to verify the statements of said guest(s)

Without limiting any other provision of the Terms and Conditions, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of any Service to any person for any reason or for no reason at all, including without limitation for breach of representation, warranty, or covenant contained in the Terms and Conditions, or any of application law or regulation.  

6. Changes to Terms 

We may update or revise these Terms and Conditions or any other policies related to the Services or Purchases at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law.  Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here. 

7. Assumption of Risk 

You and all passengers assume all risk of danger and injury when participating in the Services. No suit shall be maintainable for loss of life or bodily injury to you or any passenger unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date. 

8. Privacy 

Any personal information that you disclose to us is subject to our privacy policy which governs the collection and use of information that is supplied. You understand that through the use of the Services and any Purchases, you consent to the collection and use (as set forth in our Privacy Policy) of this information. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements, administrative messages and customer feedback notifications. These communications are considered part of the Services we provide and you may not be able to opt-out of receiving.
 

9. Governing Law 

These Terms and Conditions and its interpretation shall, to the maximum extent allowed, be governed by and construed in accordance with the general maritime law of the United States; to the extent such maritime law is not applicable, it shall be governed by and construed in accordance with the laws of the province of Ontario in Canada. 

10. Indemnification 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HORNBLOWER GROUP, INC. AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (COLLECTIVELY, “HORNBLOWER GROUP FAMILY OF COMPANIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS. This provision does not require you to indemnify any of the Hornblower Group Family of Companies for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
 

11. Disclaimer of Liabilities 

WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY OR PROPERTY DAMAGE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. 

IN ADDITION TO THE LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY GRANTED UNDER THE TERMS AND CONDITIONS, WE ALSO RETAIN ANY AND ALL LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY ACCORDED TO SHIP OWNERS AND TOUR OPERATORS BY STATUTE OR RULE OF LAW INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED FOR IN 46 UNITED STATES CODE APP. SECTIONS 30501 30511. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING 46 UNITED STATES CODE APP. SECTIONS 30501-30511, YOU, ON BEHALF OF YOURSELF AND ANY AND ALL OF YOUR HEIRS, SUCCESSORS AND ASSIGNS, COVENANT NOT TO SUE OR TO INSTITUTE OR CAUSE TO BE INSTITUTED ANY KINDS OF CLAIM OR ACTION IN ANY FOREIGN, FEDERAL, STATE OR LOCAL AGENCY OR COURT AGAINST US ARISING OUT OF, IN THE COURSE OF, FROM OR ATTRIBUTABLE TO THE SERVICE OR THESE TERMS AND CONDITIONS. 

YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO US. 

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. 

In keeping with applicable guidelines, the Company has put in place comprehensive preventative measures aimed at preventing the introduction to and the spread of COVID-19 during your use of the Service; however, despite our mitigating efforts, we cannot guarantee that you or members of your party will not be exposed to COVID-19 during your use of the Service. 

Therefore, without limiting the foregoing limitation of liability, the following terms and conditions are effective for the Service: 

1. GUEST ASSUMPTION OF RISK – You acknowledge the contagious nature of COVID-19 and that, despite our effort to mitigate such dangers, you may be exposed to or infected by COVID-19 during your participation in the Service, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. You understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of yourself and others. You assume all the foregoing risks and are solely responsible for any resulting injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, related to COVID-19, that you may experience or incur in connection with the Service (“Claims”).
2. GUEST WAIVER OF COMPANY LIABILITY – You release, covenant not to sue, discharge, and hold harmless us, our employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. This release includes any Claims based on our actions, omissions, or negligence, or of our employees, agents, representatives, vendors, and independent contractors whether a COVID-19 infection occurs before, during, or after participation in the Service.

12. Legal Disputes and Agreement to Arbitrate 

Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court. 

1. Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Services.  Most concerns may be quickly resolved by informal means. We will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
2. Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
3. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
4. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the province of Ontario in Canada. The parties expressly consent to exclusive jurisdiction of the courts thereof.
5. The license granted herein is revocable upon refunding to passengers the Ticket price.

13. Non-Waiver 

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision. 

14. Severability 

These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. 

15. Assignment 

We may assign our rights under these Terms and Conditions without your approval. 

Whilst the majority of the Terms and Conditions cover all products please be aware of variations in terms depending on the location and type of service. Please read all terms carefully to see terms applicable to your location and Service. 

1. Services 

• Sightseeing covers London’s daily scheduled service between Westminster, Bankside, Waterloo, Tower and Greenwich piers; Poole vessels operating from Poole & Swanage Piers; and York’s service operating from Kings Staith and Lendal Landing Piers.
• Experiences include London’s Thames Circular Cruise, York’s Self Drive hire, and all cruises featuring any provided food, drink or entertainment.
• Thamesjet covers London’s high speed rigid inflatable boat service.

2. Terms of Purchase 

• All prices on our website are quoted in Pounds Sterling.
• Once purchased, tickets are non-refundable.
• You must have a paper or e-ticket, which is valid, fully paid, and available for inspection, for the journey being made.  Tickets must be handed in prior to embarkation or be visible and capable of being scanned on an electronic device.
• You must have your ticket ready for inspection at any time during your journey and you must hand it over for examination if asked to by a member of our crew, Police Officer or any other authorized person.
• All tickets remain our property and you must return it to us once you have finished using it if we so request.
• Tickets can only be used by the person for whom they were bought or to whom they were issued. Tickets may be barcoded and scanned prior to boarding. Any tickets that are copied, resold or passed on for further use will be invalid.
• Where tickets are available for travel on the services of more than one operator, the conditions of the respective operator whose service is being used for each part of the journey will apply to that part of the journey. Third party operator conditions are available on request.
• If you wish to travel outside the availability of your ticket, or before or after the times that it is valid, you may be asked to pay an additional fare. We reserve the right to deny boarding or to require you to disembark if the additional fare is not paid.
• If you buy a ticket with a credit or debit card to which you do not have legal right, the ticket will be invalid from the date of issue and you will be liable to pay the full fare for any journey(s) used using that ticket.
• Whilst we try to ensure that all information displayed on our websites, particularly times and prices, is accurate it is possible that errors may occur. If we discover an error in the price of a ticket you have purchased, we will try to inform you as soon as possible and give you the option of either reconfirming your purchase at the correct price or cancelling it. If we are unable to contact you for any reason, we reserve the right to treat the purchase as cancelled.
• If you present a mispriced ticket at embarkation, we reserve the right to withdraw the ticket, cancel it and refuse travel unless and until another ticket has been purchased at the correct price for the intended journey. Cancellation under any of these circumstances will entitle you to a full refund of any sums you have paid.
• Payment methods accepted at the pier and on-board our vessels are Visa Credit / Debit, Visa Corporate Credit / Debit, Mastercard Credit / Debit, Mastercard Corporate Credit / Debit, American Express.
• Payment methods accepted online are Visa Credit / Debit, Visa Corporate Credit / Debit, Mastercard Credit / Debit, Mastercard Corporate Credit / Debit, American Express and Maestro.
• Sightseeing

• You may board one of our sightseeing vessels provided you have a ticket which is valid and available for your journey. Our sightseeing services are often heavily patronised so we cannot guarantee to provide you with a seat, or to accommodate you at all, on a particular vessel or sailing. 
• Children under the age of five may travel free of charge provided they are accompanied by the holder of a ticket and do not occupy a seat to the exclusion of a full-fare-paying customer. This facility is limited to a maximum of three children per ticket holder. Children aged 5 (five) to 15 (fifteen) years inclusive may travel at the child rate except on those services where it is advertised that no child fares are available. 
• Children under the age of 16 years must be accompanied by an adult (16 years +). 

• Experiences

• Tickets for ‘experience’ products are for specified sailings and notwithstanding that we cannot guarantee to run any particular service, a valid ticket ensures that there is space for manifested passengers. In exceptional circumstances, should we for unforeseen reasons not be able to operate a service we will contact you as early as possible. 
• Some ‘Experience’ cruises are restricted to adults only. Prices and Age Categories may vary from product to product. Please refer to our website for further details. 

• Thamesjet

• Thamesjet reserves the right to alter your booking time or date should the minimum passenger numbers not be reached thirty minutes before departure. 
• Passengers should arrive at the pier of embarkation no less than 30 minutes before scheduled departure. Failure to do so may mean that we are unable to allow you to board. You will not be eligible for rescheduling or a refund in the event of being late for a scheduled departure. 

• Combination Tickets

• Any tickets issued by us which include 3rd Party Attractions are subject to the Terms and Conditions of the relevant attraction provider. We have no liability in respect of the performance or the provision of the attraction which it sells as agent of the attraction provider. 

3. Replacement Tickets & Refunds 

• If your ticket is lost, damaged or can no longer be read, we may, at our discretion, replace it free of charge, provided we can confirm that it is valid. In order to verify your purchase we will need your City Cruises booking reference which is contained in your confirmation e-mail and shown on the original ticket page. Please note that it is not possible to verify your ticket purchase with your credit or debit card reference because this does not contain the details of the ticket(s) purchased.
• We do not accept liability for any loss resulting from our failure to provide an advertised service, or where delay occurs to those services, for any reason. We may, however, at our discretion, consider a refund on any ticket which is unused or only partially used as a direct result of a failure on our part to provide the advertised service for which the ticket was purchased.
• Refunds will not be granted other than in the circumstances described above.
• No refunds are possible after the valid date of the ticket has passed. All requests for refund or replacement ticket(s) must be made in writing to The Reservations Manager, City Cruises ltd, Unit 6, 1 Mill Street, Scotts Sufference Wharf, London, SE1 2DF, England and be accompanied by the relevant tickets purchased, your City Cruises booking reference (contained in your confirmation e-mail and on the original ticket page) and any payment reference issued when your purchase was confirmed. Refunds cannot be authorised or transacted at any other location or by any other means.
• Any refunds agreed will be made entirely at our discretion and without prejudice.
• We reserve the right to withdraw any ticket at any time although we will not do this without good reason.
• London: If a product becomes unavailable after an on-board transaction, the sole remedy is either a replacement or a refund.

4. Rescheduling & Changes 

• Sightseeing

• London and Poole: Tickets can be rescheduled without charge up to and including the day of travel (Monday to Sunday, prior to 17:30) 
• York: Tickets can be rescheduled without charge up to 72 hours before the day of travel for bookings of up to 10 people (Monday to Sunday, prior to 17:30) 
• As well as the notice periods detailed above, bookings can only be rescheduled within 12 months of the original travel date booked. 

• Experiences

• Working days refer to the availability of office staff and not operational days which are extended and year round. 
• All ‘Experience’ products offered are based on purchasing tickets for specific dates and times. Bookings made for less than ten people can be amended as long as three clear working days’ notice is given.  
• Any bookings made for eleven to twenty people can be amended provided at least fourteen clear working days’ notice is given. 
• Bookings for twenty one to fifty five people can be amended provided at least twenty eight clear working days’ notice is given. 
• Bookings for over fifty six people can be amended provided at least 56 clear working days’ notice is given. 
• As well as the notice periods detailed above, bookings can only be rescheduled within 12 months of the original travel date booked. 
• York: Excludes Party Nights Afloat.  Amendments are permitted with 90 days notice. 

• Thamesjet

• Bookings for one to four people can be amended as long as three working days’ notice is given and before the travelling date and is subject to the availability of an alternative time and date. A £25 administration fee may be levied for any such rescheduling. 
• Bookings for five to twelve passengers can be amended as long as fourteen days’ notice is given and before the travelling date and is subject to the availability of an alternative time and date. A £25 administration fee may be levied for any such rescheduling. 
• Changes cannot be accommodated within 72 hours of scheduled departure. 

• Special Events for London and Poole:

• Special event tickets such as New Years Eve will have different cancellation periods to that of standard Experiences. Such details will be made known at the time of booking and will appear on our website. 

5. Suspected Fare Evasion & Ticket Tampering 

• If we think that you have used or tried to use any ticket to defraud us we may cancel the ticket and not re-issue it. If this happens you will forfeit the right to any refund for the unused portion. If sufficient grounds exist for us to believe that you have attempted to defraud us, then we may instigate legal proceedings against you.
• Your ticket is invalid if we believe that it has been tampered with deliberately, or if it is damaged to such an extent that it cannot be read. In the case of suspected tampering, we will not replace it and you must surrender the ticket if asked so to do by a member of our staff.

6. Access 

• If you do need a carer or any other attendant you must have valid tickets for all concerned and all passengers must be able to board safely and promptly by themselves or with the aid of a carer.
• Poole:

• Vessels operating from Poole and Swanage Piers are not wheelchair accessible. Crew cannot, for reasons of health and safety, carry or lift passengers into our vessels. 
• If you are registered deaf you can be accompanied by a hearing dog for the deaf. 

• London and York:

• In order to avoid accidents and for the health, safety and comfort of our passengers no wheelchairs will be allowed to obstruct any access to safety and lifesaving equipment, gangways, stairs or passageways. 
• If you use a wheelchair, you must have enough helpers to enable you to make your journey safely including embarking and disembarking the vessel. Crew cannot, for reasons of health and safety, carry or lift passengers into our vessels. This does not apply to Thamesjet, please see terms specific to Thamesjet. 
• Sightseeing 
• Not all of our vessels have been designed or adapted for passengers in wheelchairs. If you intend to travel on a sightseeing vessel, you may be required to wait for one which is wheelchair accessible. 
• Even on vessels designed or adapted for wheelchair access it may not be possible for you to sit in a wheelchair at a table and, for reasons of safety, you may be asked to move from your wheelchair into a fixed seat, in which case the wheelchair will be stowed in a safe place. We have limited space to accommodate wheelchairs on board and we are therefore restricted in the number we can carry. We may not be able to stow and carry larger or heavier electronic wheelchairs. To avoid disappointment please contact us prior to travel. 
• Experiences 
• London: When planning to book any of our ‘Experience’ products please contact our Reservations Department first to check on suitability of access. 
• York: York vessels are unable to accommodate wheelchair access on any experience cruise. 
• Thamesjet 

• Thamesjet vessels are, for safety reasons, not designed or adapted for passengers in wheelchairs. Passengers must be independently mobile. 
• All passengers must be independently mobile enough to step into and out of our vessels. Even in calm weather there can be vessel movement during embarkation and disembarkation which can result in movement from the pier. 
• The seats on Thamesjet are 37 inches wide. The seats are designed to accommodate two adults. If you are unable to sit comfortably with another adult next to you for any reason you may be refused permission to travel on your requested trip. If space and scheduling allows you will be offered an alternative journey but this cannot be guaranteed. 

7. Luggage, Belongings, & Animals 

• We reserve the right to restrict the carriage of any luggage when there is a need for increased security and to refuse permission for you to take any item at all on to a vessel.
• You may not take on board any hazardous or inflammatory substances.

• Sightseeing & Experiences 

• For safety reasons, and for the comfort of passengers, we have to restrict the amount and type of luggage, including pushchairs and shopping trolleys, which you can take with you on our services. You may, at the discretion of the crew, take with you the following items, provided they do not obstruct access to safety and lifesaving equipment, gangways, stairs or passageways and are not put on seats: 

• Personal luggage 
• Pushchairs and buggies 
• Prams 
• Other items provided they are not deemed likely to injure anyone 
• London and Poole: Bicycles 

• No animals other than Guide Dogs or Hearing Dogs (and well behaved dogs for Poole and York) are allowed onto our sightseeing or experience vessels.  These dogs must be on a lead throughout the trip 

• Thamesjet

• For safety reasons, and for the comfort of passengers, only small hand luggage items are allowed aboard Thamesjet vessels. At the discretion of staff, and entirely at your own risk, larger items may be left on shore for collection at the end of your journey. 
• It is regretted, that for safety reasons, we are unable to carry on board animals of any kind including guide dogs and hearing dogs. Guide dogs and hearing dogs may be allowed to the boarding platform with express permission and prior notice. 

8. Lost Property 

• We deal with lost property in accordance with our lost property procedures, which are available for inspection on request.
• If you find any unattended property on our vessels or facilities, do not touch it but please alert a crew member immediately.
• If we think unattended property may be a security threat, the police or security services may be called to attend and the item(s) may be destroyed.
• We will not be responsible for any delay in returning property left on our vessels.
• It is your responsibility to collect lost property. If you request that such property is sent to you and we agree to make such arrangements this is on condition that you are responsible, in advance, for any costs incurred.

9. Photography 

• The purchase of a ticket, entering our premises, and/or participating in a journey is considered consent to have your image or likeness appear in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, any of our locations, for any purpose.
• You also agree that the copyright and intellectual property appertaining to such images remain with us and/or an authorised third party. 

10. Health & Safety 

• For your own safety and the safety of others, you must follow instructions given by our crew when embarking/disembarking or on board any of our vessels. Instructions or advice contained in on-board safety notices should be followed.
• For safety reasons you must not smoke (except in designated smoking areas) on our vessels or any facilities controlled or used by us.
• For safety reasons you must not use roller skates, roller blades, hoverboards, skateboards or any equipment of a similar nature on our vessels or any facilities controlled or used by us.
• Passengers should consider themselves to be sufficiently medically fit to undertake any journey for which they have a ticket. If there is any doubt potential passengers should seek medical advice before booking.
• On some vessels, tables and chairs are fixed and cannot be moved. Larger or less mobile passengers may not be able to access such seating. Please seek further information prior to booking or boarding.
• Thamesjet

• Waterproof jackets and life jackets will be provided to passengers. The wearing of life jackets is compulsory. These are the property of City Cruises ltd. and must be returned at the end of the trip. Should life jackets be manually inflated and/or damaged when no emergency has taken place a charge of £50 per jacket will be levied to the lead name on the booking. 
• Thamesjet cannot be responsible for weather conditions during the trip. Please dress appropriately for the conditions bearing in mind the river is often cooler than the shore. Flat shoes are recommended and high heeled shoes or other footwear deemed possible to potentially damage the boat are not permitted on board. 
• For safety reasons, the minimum height requirement to travel on Thamesjet is 135 cms. Seating arrangements on Thamesjet are solely at the discretion of the Captain and front seats require passengers to be well above the minimum height due to a larger gap between the seat and the handrail. 
• All children under the age of 16 years must be accompanied by an adult. 
• The consumption of food or drink on board Thamesjet is not permitted. 
• Passengers should consider themselves to be sufficiently medically fit to undertake this high speed boat ride and if there is any doubt should seek medical advice before booking. Without being exhaustive, Thamesjet is not recommended for people suffering from back or other bone conditions, epilepsy, dizziness, diabetes, angina or heart conditions. Expectant mothers should not travel at any stage of pregnancy. 

11. Conduct 

We reserve the right to refuse service or remove guests from a vessel, event or premises at any time if determined, in our sole discretion, to be necessary (1) for appropriate safety reasons, (2) if a guest causes discomfort, inconvenience, or annoyance to other guests, crew members or agents, or (3) if a guest’s behavior is deemed to threaten the safety, good order or discipline. 

12. Liability & Limitation 

• Our liability for death or personal injury arising from our negligence shall not exceed the limits under the Convention of Limitation of Liability for Maritime Claims 1976 and SI 1998 No. 1258 paragraphs 4(b) and 7(e).( LLMC 1976 ) This limits our liability to 175 000 special drawing rights per passenger.
• We shall not be liable for any loss, damage or delay to any persons or their possessions whilst embarking or disembarking from the vessel or during the voyage unless such loss or damage is caused by the negligence of the crew (including the Master) on board the vessel.
• Passengers are advised to limit valuables and property brought on board to that which they can safely carry. All personal property is the passenger’s responsibility and must be kept with them at all times.
• Our liability for loss of or damage to property shall not exceed the limit set out in accordance with LLMC 1976.
• We shall not be liable for any indirect or consequential loss whatsoever including loss of profit.
• In the event that LLMC 1976 does not apply then the limits of liability as per the Athens Convention 1974 are contractually incorporated into this contract.
• To the extent that the LLMC 1976 applies:

• Our liability for death or personal injury or loss of or damage to luggage and valuables arising from our negligence shall be limited in accordance with its terms; 
• We shall be entitled to the benefit of all limitations, rights and immunities conferred by the LLMC 1976 ; and 
• Any damages payable by us up to the LLMC 1976 limits shall be reduced in proportion to any contributory negligence by the passenger and by the maximum deductible (if applicable) specified in the LLMC 1976 

• We cannot be held responsible for any disruption to services in the event of responding to instructions from third parties including, but not limited to, the MCA, PLA and any Emergency Services.
• We cannot be held responsible for any cancellations or delays or other losses arising from weather conditions, tides, acts of God, strikes, terrorism, acts of third parties or other matters beyond our control.
• We reserve the right, when necessary and without notice, to alter timetables or re-route vessels for reason of safety or to stop them visiting a pier. Although any such action will be exceptional, we do not guarantee to operate any services in accordance with published schedules, or at all.

13. Customer Comments and Feedback 

• Any passenger complaints should be made within fourteen days of the event. Should you need to discuss any elements of your cruise, please send a detailed written account to our Customer Service Team including your booking reference number
• To contact City Cruises Customer Service Team:

• By email: [email protected] 
• By post: City Cruises Ltd 
• Customer Service Team 

• Unit 6, 1 Mill Street, Scott’s Sufferance Wharf
  London, SE1 2DF, England 

• What to expect:

• You should expect an acknowledgement within three to five working days of receiving your complaint. A full investigation will then take within 10 to 14 working days. Please note that special events may take up to 28 working days. 
• If you are complaining on behalf of someone else, include their written consent with your email as this will speed up the process. 
• The Customer Service Team will aim to respond in full to your complaint within the agreed time, however, if the issue is complicated, any delay will be explained and you will be kept informed of progress. 

14. Law & Jurisdiction 

• In the event of any dispute or claims between City Cruises and any passenger(s) which cannot be resolved by agreement then the parties agree that any such dispute shall be decided by English law.
• The parties agree that any dispute shall be resolved by the English courts which shall have exclusive jurisdiction.
• If you have purchased your tickets via a third party/agent, please click HERE.

1. Terms of Purchase 

• • All payments are FINAL and NON-REFUNDABLE.
  • Please check in with your confirmation number and your last name upon arrival.
  • We are UNABLE to compensate or reschedule any guests who miss their cruise due to traffic or any other circumstance.
  • Reservations are taken on a space-available basis and are not confirmed until payment is received.
  • Any discounts or coupons must be mentioned at the time of payment.
  • The listed prices do not include tips or gratuities, personal insurance, items of a personal nature, or any food or beverages not listed as included in the Service. 
  • A service charge, administrative fee, landing fee, and/or state and local taxes may be applied to your Purchase depending on the location of the Service.  These do not represent a tip or gratuity for our service staff.

• • • Any additional Landing Fees for California cruises, and Administrative Charges for New York cruises, offset a wide range of costs unique to maritime business operations. These may include required specialized Port facility repairs, percentage rental payments, employee health care obligations and other fees, licenses, regulatory, environmental and maritime security costs. Neither the Landing Fee nor the Administrative Charge is a gratuity and neither will be distributed to our employees. 
    • In addition to sales tax, we may be assessed taxes by some of our local governments for use of the harbor for certain Services. They are paid directly and in full to the local government of the appropriate city. 
  • We are s not affiliated or associated with any fireworks shows or displays and cannot guarantee any fireworks displays for your Service.

2. Changes & Cancellations 

• • Any requested change is subject to availability, and we cannot guarantee that we will be able to make a requested change.
  • If you need to make changes to your order, visit our website at www.cityexperiences.com and select “Manage My Booking.” Here, you will be able to add guests, enhancements or change the date.  
  • If you would like to be seated with someone who holds an existing reservation, you must have the reservation number of the existing booking to make the request. Otherwise, we will need to speak with the reservation holder directly.
  • Purchases made without Ticket Assurance may be re-scheduled up to 48 hours prior to the original booking’s departure time.
  • Purchases made with Ticket Assurance may re-schedule or cancel up to 2 hours prior to original departure time with a full refund, minus the cost of non-refundable Ticket Assurance.
  • Ticket Assurance is not available on select cruises, such as holiday, specialty or partnership cruises or other experiences as indicated
  • Cancellations cannot be accepted online unless Ticket Assurance is purchased.
  • Should we cancel the event for any reason, the primary guest listed on the reservation will be contacted via phone and email (please ensure all contact information on your reservation is correct). If we cancel the event, each reservation will be given the option to reschedule, move the paid funds over to a gift card, or be refunded
  • For all other inquires please chat us on our website or call us at 888-957-2634 Monday-Sunday 7am-9pm CST.

3. Admission & Entry
   • All guests must check-in prior to boarding on the day of their cruise.
   • Our vessels depart promptly at their scheduled time. In the rare event of extreme weather, your vessel will be held dockside.
   • All vessels and services, including departure and/or return times, are subject to change without notice.
   • Please call or chat for wheelchair accessibility as some of our vessels are not accessible.
   • In compliance with U.S. Coast Guard requirements, photo I.D. is required of all passengers 18 years of age or older.
   • The purchase of a ticket and/or entering the premises is considered consent to have your image or likeness appear in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, any of our locations, for any purpose.
   • We reserve the right to refuse service or remove guests from a vessel, event or premises at any time if determined, in our sole discretion, to be necessary (1) for appropriate safety reasons, (2) if a guest causes discomfort, inconvenience, or annoyance to other guests, crew members or agents, or (3) if a guest’s behavior is deemed to threaten the safety, good order or discipline.
   • For the safety of crew and guests, all persons, purses, handbags, and backpacks are subject to search before boarding a vessel. We reserve the right to not allow any bag, parcel, or other item and to deal with any unattended object, bag, backpack, or luggage in such way as management considers appropriate.
   • The use of illegal or controlled substances, including smoking marijuana, is not permitted at any time. The smoking of tobacco, e-cigarettes or other products the produce a vapor or smoke is allowed only in designated outdoor smoking areas.
   • Explosives, firearms, illegal substances, or any articles of a dangerous or damaging nature that could be harmful to yourself or others, as determined in our sole discretion, may not be brought onboard any of our vessels.

    

   4. Changes to Service

   Since water travel involves uncertainties not present in land facilities, we may, in its sole discretion, remain dockside, substitute vessels, change the course or schedule of the Service, discontinue the Service, or cancel the Service for any reason. We shall have no liability arising from any such change of course or schedule, change of vessel, discontinuance, cancellation, or other failure to depart from or arrive at any port at the scheduled or announced time.

    

   5. Attire & Face Coverings

   In addition to following face covering requirements, all guests must wear proper attire, including shoes and shirt, at all times.  We reserve the right to refuse service to or remove any person, in our sole discretion and without liability, wearing attire that we consider inappropriate or attire that could detract from the experience of other guests.

    

   6. Right to Manage

   We reserve the right, but do not undertake the obligation to:

   • Monitor or review the Purchases and Services for violations of the Terms and Conditions and compliance with our terms and policies
   • Report to law enforcement authorities and/or take legal action against anyone who violates the Terms and Conditions
   • Refuse or restrict access to or the availability of any Services if you violate the Terms and Conditions, the law, or any of our terms or policies
   • Manage the Services in a manner designated to protect our and third parties’ rights and property or to facilitate the proper functions of the Services
   • Screen guest(s) who Purchase or participate in Services or attempt to verify the statements of said guest(s)

   Without limiting any other provision of the Terms and Conditions, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of any Service to any person for any reason or for no reason at all, including without limitation for breach of representation, warranty, or covenant contained in the Terms and Conditions, or any of application law or regulation.

    

   7. Changes to Terms

   We may update or revise these Terms and Conditions or any other policies related to the Services or Purchases at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law.  Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here.

    

   8. Assumption of Risk
      You and all passengers assume all risk of danger and injury when participating in the Services. No suit shall be maintainable for loss of life or bodily injury to you or any passenger unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date.

    

   9. Privacy
      Any personal information that you disclose to us is subject to our privacy policy which governs the collection and use of information that is supplied. You understand that through the use of the Services and any Purchases, you consent to the collection and use (as set forth in our Privacy Policy) of this information. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements, administrative messages and customer feedback notifications. These communications are considered part of the Services we provide and you may not be able to opt-out of receiving.
   10. Governing Law
       These Terms and Conditions and its interpretation shall, to the maximum extent allowed, be governed by and construed in accordance with the general maritime law of the United States; to the extent such maritime law is not applicable, it shall be governed by and construed in accordance with the laws of the state from which the Service departs.

    

   11. Indemnification

   YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HORNBLOWER GROUP, INC. AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (COLLECTIVELY, “HORNBLOWER GROUP FAMILY OF COMPANIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS. This provision does not require you to indemnify any of the Hornblower Group Family of Companies for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.

    

   12. Disclaimer of Liabilities

   WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY OR PROPERTY DAMAGE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

   IN ADDITION TO THE LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY GRANTED UNDER THE TERMS AND CONDITIONS, WE ALSO RETAIN ANY AND ALL LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY ACCORDED TO SHIP OWNERS AND TOUR OPERATORS BY STATUTE OR RULE OF LAW INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED FOR IN 46 UNITED STATES CODE APP. SECTIONS 30501 30511. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING 46 UNITED STATES CODE APP. SECTIONS 30501-30511, YOU, ON BEHALF OF YOURSELF AND ANY AND ALL OF YOUR HEIRS, SUCCESSORS AND ASSIGNS, COVENANT NOT TO SUE OR TO INSTITUTE OR CAUSE TO BE INSTITUTED ANY KINDS OF CLAIM OR ACTION IN ANY FOREIGN, FEDERAL, STATE OR LOCAL AGENCY OR COURT AGAINST US ARISING OUT OF, IN THE COURSE OF, FROM OR ATTRIBUTABLE TO THE SERVICE OR THESE TERMS AND CONDITIONS.

   YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO US.

   13. Legal Disputes and Agreement to Arbitrate

   Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court.

   1. Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved by informal means. We will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
   2. Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
   3. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
   4. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the state from which the Service departs. The parties expressly consent to exclusive jurisdiction of the courts thereof.
   5. The license granted herein is revocable upon refunding to passengers the Ticket price.

    

   14. Non-Waiver

   Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision.

    

   15. Severability

   These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

    

   16. Assignment

   We may assign our rights under these Terms and Conditions without your approval.

1. Terms of Purchase
   • All payments are FINAL and NON-REFUNDABLE.
   • Please check in with your confirmation number and your last name upon arrival.
   • We are UNABLE to compensate or reschedule any guests who miss their cruise due to traffic or any other circumstance.
   • Reservations are taken on a space-available basis and are not confirmed until payment is received.
   • Any discounts or coupons must be mentioned at the time of payment.
   • The listed prices do not include tips or gratuities, personal insurance, items of a personal nature, or any food or beverages not listed as included in the Service.
   • A service charge, administrative fee, landing fee, and/or state and local taxes may be applied to your Purchase depending on the location of the Service.  These do not represent a tip or gratuity for our service staff.
     • In addition to sales tax, we may be assessed taxes by some of our local governments for use of the harbor for certain Services. They are paid directly and in full to the local government of the appropriate city.
2. Changes & Cancellations
   • Any requested change is subject to availability, and we cannot guarantee that we will be able to make a requested change.
   • If you need to make changes to your order, visit our website at www.cityexperiences.com and select “Manage My Booking.” Here, you will be able to add guests, enhancements or change the date.
   • If you would like to be seated with someone who holds an existing reservation, you must have the reservation number of the existing booking to make the request. Otherwise, we will need to speak with the reservation holder directly.
   • Purchases made without Ticket Assurance may be re-scheduled up to 48 hours prior to the original booking’s departure time.
   • Purchases made with Ticket Assurance may re-schedule or cancel up to 2 hours prior to original departure time with a full refund, minus the cost of non-refundable Ticket Assurance.
   • Ticket Assurance is not available on select cruises, such as holiday, specialty or partnership cruises or other experiences as indicated.
   • Cancellations cannot be accepted online unless Ticket Assurance is purchased.
   • Should we cancel the event for any reason, the primary guest listed on the reservation will be contacted via phone and email (please ensure all contact information on your reservation is correct). If we cancel the event, each reservation will be given the option to reschedule, move the paid funds over to a gift card, or be refunded
   •  For all other inquires please chat us on our website or call us at 888-957-2634 Monday-Sunday 7am-9pm CST.
3. Admission & Entry
   • All guests must check-in prior to boarding on the day of their cruise.
   • Our vessels depart promptly at their scheduled time. In the rare event of extreme weather, your vessel will be held dockside.
   • All vessels and services, including departure and/or return times, are subject to change without notice.
   • Please call or chat for wheelchair accessibility as some of our vessels are not accessible.
     • Codzilla: WARNING: Guests ride Codzilla on their own risk.  Only individuals in good health, free from high blood pressure, without back or neck problems, without motion sickness or prone to other sicknesses should board.  Expectant mothers pr pregnant individuals should not ride Codzilla. Codzilla has an age and height requirement. By purchasing, you agree you understand and agree to all details and requirements in the product description.
   •  In compliance with U.S. Coast Guard requirements, photo I.D. is required of all passengers 18 years of age or older.
   • The purchase of a ticket and/or entering the premises is considered consent to have your image or likeness appear in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, any of our locations, for any purpose.
   • We reserve the right to refuse service or remove guests from a vessel, event or premises at any time if determined, in our sole discretion, to be necessary (1) for appropriate safety reasons, (2) if a guest causes discomfort, inconvenience, or annoyance to other guests, crew members or agents, or (3) if a guest’s behavior is deemed to threaten the safety, good order or discipline.
   • For the safety of crew and guests, all persons, purses, handbags, and backpacks are subject to search before boarding a vessel. We reserve the right to not allow any bag, parcel, or other item and to deal with any unattended object, bag, backpack, or luggage in such way as management considers appropriate.
   • The use of illegal or controlled substances, including smoking marijuana, is not permitted at any time. The smoking of tobacco, e-cigarettes or other products the produce a vapor or smoke is allowed only in designated outdoor smoking areas.
   • Explosives, firearms, illegal substances, or any articles of a dangerous or damaging nature that could be harmful to yourself or others, as determined in our sole discretion, may not be brought onboard any of our vessels.
4. Changes to Service
   Since water travel involves uncertainties not present in land facilities, we may, in its sole discretion, remain dockside, substitute vessels, change the course or schedule of the Service, discontinue the Service, or cancel the Service for any reason. we shall have no liability arising from any such change of course or schedule, change of vessel, discontinuance, cancellation, or other failure to depart from or arrive at any port at the scheduled or announced time.
5. Attire & Face Coverings
   In addition to following face covering requirements, all guests must wear proper attire, including shoes and shirt, at all times.  We reserve the right to refuse service to or remove any person, in our sole discretion and without liability, wearing attire that we consider inappropriate or attire that could detract from the experience of other guests.
6. Right to Manage
   • We reserve the right, but do not undertake the obligation to:
     Monitor or review the Purchases and Services for violations of the Terms and Conditions and compliance with our terms and policies
   • Report to law enforcement authorities and/or take legal action against anyone who violates the Terms and Conditions
   • Refuse or restrict access to or the availability of any Services if you violate the Terms and Conditions, the law, or any of our terms or policies
   • Manage the Services in a manner designated to protect our and third parties’ rights and property or to facilitate the proper functions of the Services
   • Screen guest(s) who Purchase or participate in Services or attempt to verify the statements of said guest(s)
   • Without limiting any other provision of the Terms and Conditions, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of any Service to any person for any reason or for no reason at all, including without limitation for breach of representation, warranty, or covenant contained in the Terms and Conditions, or any of application law or regulation.
7. Changes to Terms
   We may update or revise these Terms and Conditions or any other policies related to the Services or Purchases at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law.  Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here.
8. Assumption of Risk
   You and all passengers assume all risk of danger and injury when participating in the Services. No suit shall be maintainable for loss of life or bodily injury to you or any passenger unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date.
9. Privacy
   Any personal information that you disclose to us is subject to our privacy policy which governs the collection and use of information that is supplied. You understand that through the use of the Services and any Purchases, you consent to the collection and use (as set forth in our Privacy Policy) of this information. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements, administrative messages and customer feedback notifications. These communications are considered part of the Services we provide and you may not be able to opt-out of receiving.
10. Governing Law
    These Terms and Conditions and its interpretation shall, to the maximum extent allowed, be governed by and construed in accordance with the general maritime law of the United States; to the extent such maritime law is not applicable, it shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.
11. Indemnification
    YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HORNBLOWER GROUP, INC. AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (COLLECTIVELY, “HORNBLOWER GROUP FAMILY OF COMPANIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS. This provision does not require you to indemnify any of the Hornblower Group Family of Companies for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
12. Disclaimer of Liabilities
    WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY OR PROPERTY DAMAGE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.IN ADDITION TO THE LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY GRANTED UNDER THE TERMS AND CONDITIONS, WE ALSO RETAIN ANY AND ALL LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY ACCORDED TO SHIP OWNERS AND TOUR OPERATORS BY STATUTE OR RULE OF LAW INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED FOR IN 46 UNITED STATES CODE APP. SECTIONS 30501 30511. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING 46 UNITED STATES CODE APP. SECTIONS 30501-30511, YOU, ON BEHALF OF YOURSELF AND ANY AND ALL OF YOUR HEIRS, SUCCESSORS AND ASSIGNS, COVENANT NOT TO SUE OR TO INSTITUTE OR CAUSE TO BE INSTITUTED ANY KINDS OF CLAIM OR ACTION IN ANY FOREIGN, FEDERAL, STATE OR LOCAL AGENCY OR COURT AGAINST US ARISING OUT OF, IN THE COURSE OF, FROM OR ATTRIBUTABLE TO THE SERVICE OR THESE TERMS AND CONDITIONS.YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO US.
13.  Legal Disputes and Agreement to Arbitrate
    Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court.A.     Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Services.  Most concerns may be quickly resolved by informal means. We will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.B.     Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.C.    Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.D.    Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the state from which the Service departs. The parties expressly consent to exclusive jurisdiction of the courts thereof.E.     The license granted herein is revocable upon refunding to passengers the Ticket price.
14.  Non-Waiver
    Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision.
15. Severability
    These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
16. Assignment
    We may assign our rights under these Terms and Conditions without your approval.

1. Terms of Purchase

• We are able to accept the following payment methods: Mastercard, Visa, American Express, Discover.
• We require full payment in advance of the Service in order to secure your reservation. Services cannot be guaranteed without full payment upfront.
• Please verify that the Service(s) and cost(s) displayed in your shopping cart when purchasing through the Sites are correct before finalizing payment.
• We are not responsible for tickets obtained from unauthorized sources which may not be valid.
• The prices listed are per person, unless otherwise specified. Prices are subject to change until the booking has been processed and confirmation provided to the customer based on real-time availability, promotions and/or prices from our suppliers.
• If you have a coupon code, qualify for a discount, or have a gift card with applicable funds, it must be applied BEFORE purchase. We cannot apply any retroactive discounts.
• Promotional codes cannot be stacked, consolidated, transferred, re-used, or redeemed for cash value unless otherwise noted. All promotional codes have an expiration date, whether explicit or not. Where allowed under applicable law, expiration dates for coupon codes, promotional codes, or discounts are set at 1 year from issuance when no date is explicitly noted and expiration dates for gift cards are set at 3 years from issuance when no date is explicitly noted.
• Tours listed on the Sites are displayed and priced in the local currency, unless otherwise noted on the page or as selected by you or the user.
• All bookings are processed in ($) US Dollars, unless otherwise requested by a user on the web page.
• Guests accept any and all fees associated with Purchases using credit card.
• Licensed booking software sets all exchange rates internally, and customer service agents have no control over any rates displayed on page. Guests should take note that any live rates listed on 3rd party sites, such as those set by xe.com or fxstreet.com, are meant only as Interbank rates for transactions over $1M, and are not to be understood as a general consumer rate. If you are interested in learning more about exchanges, currencies, or payment options, please contact us in advance of booking.

2. Cancellations & Refunds

• Our standard free cancellation policy is 24 hours in advance of the tour’s commencement with the exception of tours including the Colosseum and Forum in Rome which are fully refundable up to 4 days prior to the event.
• Cancellations made within the tour’s free cancellation period are eligible for a refund for the full value of your booking or may be exchanged for future travel credit.
• Cancellations received after the expiry of free cancellation period, late arrivals, and no-shows after a tour departs are not eligible for refunds.
• Detailed information and additional cancellation and amendment terms are outlined in the . These Terms and Conditions include the Cancellation Policy by reference. By making a purchase or booking or using any of our services, you are agreeing to these Terms and Conditions and the Cancellation Policy referenced herein. The Cancellation Policy shall govern any terms to the extent there is any discrepancy between these Terms and Conditions and the Cancellation Policy.
• Any cancellation/amendment must be communicated:
  • Via e-mail to: [email protected] or
  • via telephone:
    • US: +1 202-684-6916 or +1 888-683-8670 (US Toll-Free)
    • Spain: +34 919 02 53 49
    • Italy: +39 06 8596 0143
    • France: +33 1 87 21 24 77
    • UK: +44 151 308 1772
    • Ireland: +353 1 223 2640
  • A booking is considered successfully cancelled or amended only after we send successful notification via email and cancellation/amendment fees are assessed.
  • All tours are sold as an entire package; as such there will be no offers of partial refunds for portions of a service that a guest has decided not to utilize. If a guest has pre-purchased tickets to any sites visited, or tours or site visits similar to the tour booked from an outside vendor, we are not responsible/liable for the reimbursement or prorating of any such fees.
  • Force Majeure. If a site, attraction, or visit on your schedule tour service/itinerary is closed due to force majeure, including strikes or other unforeseen closures, we will do our best to contact guests soon as possible, and offer a suitable substitution, reschedule a different service, or provide a refund, pending availability and in our full and sole discretion.

3. Admission & Entry

• Upon Purchasing a Service, you will receive a confirmation email that details meeting location and specific meeting time.
• Guests are asked to arrive to the meeting point 15 minutes prior to the start of the tour.
• Give yourself ample time to reach meeting points. If you or your travel companions are running late or need assistance in finding the meeting point, please call our office at the number provided in your confirmation email, and we will do our best to assist you, however it is your ultimate responsibility to reach a meeting point on time.
• We are unable to compensate or reschedule any guests who miss their tour due to traffic or any other circumstance.
• The operator is not responsible for failure to arrive at a tour meeting point on time. Please see the no show/late arrival clause on the Cancellation Policy.
• Please ensure that all members of your party have a valid photo ID on them on the day of the visit. This is particularly important for guests who have qualified for a reduction based on age or student status. Students should bring a valid photo ID and student ID to every tour.
• The use of illegal or controlled substances, including smoking marijuana, is not permitted at any time. The smoking of tobacco, e-cigarettes or other products the produce a vapor or smoke is allowed only in designated outdoor smoking areas.

4. Attire & Face Coverings

• In addition to following face covering requirements, all guests must wear proper attire, including shoes and shirt, at all times. We reserve the right to refuse service to or remove any person, in our sole discretion and without liability, wearing attire that we consider inappropriate or attire that could detract from the experience of other guests.

5. Travel Insurance

• We strongly recommend guests arrange travel insurance to cover cancellations and delays due to unforeseen circumstances, or those beyond all control (e.g. inclement weather, strikes, seismic events). We also recommend guests arrange medical and personal insurance to cover any medical expenses, loss of baggage, loss of personal belongings, or other such travel mishaps. Guests agree we, and any local partner operators, are not liable for any of such unforeseen circumstances, and hold both parties harmless. All claims to reimbursements for insurance must go directly through the guests’ insurance provider, and not through us or our affiliates.

6. Right to Manage

• We reserve the right, but do not undertake the obligation to:
• Monitor or review the Purchases and Services for violations of the Terms and Conditions and compliance with our terms and policies
• Report to law enforcement authorities and/or take legal action against anyone who violates the Terms and Conditions
• Refuse or restrict access to or the availability of any Services if you violate the Terms and Conditions, the law, or any of our terms or policies
• Manage the Services in a manner designated to protect our and third parties’ rights and property or to facilitate the proper functions of the Services
• Screen guest(s) who Purchase or participate in Services or attempt to verify the statements of said guest(s)
• Without limiting any other provision of the Terms and Conditions, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of any Service to any person for any reason or for no reason at all, including without limitation for breach of representation, warranty, or covenant contained in the Terms and Conditions, or any of application law or regulation.

7. Changes to Terms

• We may update or revise these Terms and Conditions or any other policies related to the Services or Purchases at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law. Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here.

8. Assumption of Risk

• You and all guests assume all risk of danger and injury when participating in the Services. No suit shall be maintainable for loss of life or bodily injury to you or any guest unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date.

9. Privacy

• Any personal information that you disclose to us is subject to our privacy policy which governs the collection and use of information that is supplied. You understand that through the use of the Services and any Purchases, you consent to the collection and use (as set forth in our Privacy Policy) of this information. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements, administrative messages and customer feedback notifications. These communications are considered part of the Services we provide and you may not be able to opt-out of receiving.

10. Governing Law

• These Terms and Conditions and its interpretation shall, to the maximum extent allowed, be governed by and construed in accordance with the laws of the state of Delaware in the United States.

11. Indemnification

• YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HORNBLOWER GROUP, INC. AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (COLLECTIVELY, “HORNBLOWER GROUP FAMILY OF COMPANIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS. This provision does not require you to indemnify any of the Hornblower Group Family of Companies for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.

12. Disclaimer of Liabilities

• You acknowledge that the various third party suppliers that provide transportation, sightseeing, guiding, accompaniment, escort, activities, or other services connected with any booked tours are independent contractors of the Company. We make arrangements with these independent contractors solely for your convenience. We do not act on behalf of, control or supervise the parties, entities, or persons who own, furnish or operate such services as independent contractors and we have no authority to control or direct the means of transportation or any other aspect of the services furnished by independent contractors. Such services are subject to the terms and conditions of those suppliers. The Company and its respective employees, websites, brands, subsidiaries, parent entities, affiliated entities, officers, directors and representatives (“Released Parties”) neither own nor operate any independent contractor which is to, or does, provide goods or services for these trips, tours and forms of transportation, and, as a result, do not maintain any control over the personnel, equipment, or operations of these suppliers, and assume no liability for and cannot be held liable for any personal injury, death, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (1) sickness, weather, strikes, hostilities, wars, terrorist acts, acts of nature, local laws or other such causes (2) any wrongful, negligent, willful, or unauthorized acts, defect, omissions or default on the part of any of the tour suppliers, or other employees or agents in performing these services, (3) any defect in or failure of any vehicle, equipment, instrument owned, operated or otherwise by any of these suppliers, or (4) any wrongful, willful, or negligent act or omissions on any part of any other party not under the direct supervision, control or ownership of the Company. You agree to release, hold harmless, and indemnify the Released Parties from and against any claims, damages, costs or expenses arising from any of the foregoing. All services and accommodations are subject to the laws and regulations of the country in which they are provided. We are not responsible for any baggage or personal effects of any individual participating in the tours or trips arranged by it. Individual travelers are responsible for purchasing a travel insurance policy, if desired, that will cover some of the expenses associated with the loss of luggage or personal effects.
• WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO any personal injury or property damage. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
• YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO US.

13. Legal Disputes and Agreement to Arbitrate

• Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court.
• Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved by informal means. We will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
• Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
• Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
• Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the state of Delaware. The parties expressly consent to exclusive jurisdiction of the courts thereof.
• The license granted herein is revocable upon refunding to passengers the Ticket price.

14. Non-Waiver

• Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision.

15. Severability

• These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

16. Assignment

• We may assign our rights under these Terms and Conditions without your approval.

1. Terms of Purchase 

• We reserve the right to cancel the Service and/or change scheduled departure and/or return times without prior notice. We shall not be required to make a refund or offer any credit for changes in scheduled departure and/or return times. Only cancelled Services are subject to the cancellation policy below.        

2. Changes & Cancellations

• When purchasing tickets through our website or mobile application, you can protect your booking with Ticket Assurance.

o   Purchases made without Ticket Assurance are a non-refundable final sale, but may be re-scheduled up to 48 hours prior to the original booking’s departure time. 

o   Purchases made with Ticket Assurance may re-schedule up to 2 hours prior to original departure time. 

o   Only Purchases made with Ticket Assurance may be cancelled for a full refund, minus the cost of non-refundable Ticket Assurance.  Cancellations for Purchases made with Ticket Assurance may be cancelled up to 2 hours prior to the original departure time.   

• If you need to reschedule, visit our website at www.cityexperiences.com and select “Manage My Booking” or contact customer support. If you need to cancel, please contact customer support.
• Any requested change is subject to availability, and we cannot guarantee that we will be able to make a requested change.

3. Admission & Entry

• All guests much check-in with a confirmation number and/or ticket prior to boarding.
• All guests and personal items are subject to following posted health & safety protocols.
• To participate in the Service, each guest must meet any boarding or participation criteria as posted on our website, and/or at our ticket booth, or at any location, if applicable to the Service.
• Any guest who does not meet the boarding or participation criteria may be denied participation in the Service and we shall not be obligated to make any refund or other compensation to you whatsoever.
• For Services, where applicable, guests may be required to sign or electronically acknowledge, on behalf of yourself and any accompanying minor, acceptance of our Release and Waiver of Liability form which will be provided to you in advance of your scheduled departure time.
• We reserve the right to refuse service or remove guests from a vessel, event or premises at any time if determined, in our sole discretion, to be necessary (1) for appropriate safety reasons, (2) if a guest causes discomfort, inconvenience, or annoyance to other guests, crew members or agents, or (3) if a guest’s behavior is deemed to threaten the safety, good order or discipline.
• For the safety of crew and guests, all persons, purses, handbags, and backpacks are subject to search before boarding a vessel. We reserve the right to not allow any bag, parcel, or other item and to deal with any unattended object, bag, backpack, or luggage in such way as management considers appropriate.
• We shall not be liable whatsoever for any personal items that are lost or stolen while you are on our premises or participating in our Services.
• Restricted and dangerous articles are strictly prohibited.
• Outside food & beverage is not permitted.
• The use of illegal or controlled substances, including smoking marijuana, and/or the smoking of tobacco, e-cigarettes or other products that produce a vapor or smoke is strictly prohibited.
• The purchase of a ticket and/or entering the premises is considered consent to have your image or likeness appear in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication, or reproduction made of, or at, any of our locations, for any purpose.
• All tours are subject to change without prior notice.
• Actual vessel use for the tour is not guaranteed and an alternative vessel may be used without prior notice.
• It is each guest’s responsibility to arrive on-time and be in the designated staging area no later than 30 minutes prior to the scheduled departure time. We shall not be responsible for refund or any other compensation if the guest misses their scheduled departure time or they’re denied access by failing to comply with the terms & conditions.
• In the event we are unable to provide a purchased service for any reason, our only obligation for direct purchases, is to refund the purchase price that you paid for the applicable service.      
• Niagara City Cruises: At the Niagara City Cruises location, use of the Funicular is subject to operational requirements, availability, and weather conditions. We reserve the right, in our sole discretion, to provide alternative means of transportation to the boarding area. If the Funicular is not available for use, no refunds shall be issued.

4. Attire

All guests must wear proper attire, including shoes and shirt, at all times.  We reserve the right to refuse service to or remove any person, in our sole discretion and without liability, wearing attire that we consider inappropriate or attire that could detract from the experience of other guests.  

5. Right to Manage

We reserve the right, but do not undertake the obligation to: 

• Monitor or review the Purchases and Services for violations of the Terms and Conditions and compliance with our terms and policies
• Report to law enforcement authorities and/or take legal action against anyone who violates the Terms and Conditions
• Refuse or restrict access to or the availability of any Services if you violate the Terms and Conditions, the law, or any of our terms or policies
• Manage the Services in a manner designated to protect our and third parties’ rights and property or to facilitate the proper functions of the Services
• Screen guest(s) who Purchase or participate in Services or attempt to verify the statements of said guest(s)

Without limiting any other provision of the Terms and Conditions, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of any Service to any person for any reason or for no reason at all, including without limitation for breach of representation, warranty, or covenant contained in the Terms and Conditions, or any of application law or regulation.  

6. Changes to Terms

We may update or revise these Terms and Conditions or any other policies related to the Services or Purchases at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law.  Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here. 

7. Assumption of Risk
   You and all passengers assume all risk of danger and injury when participating in the Services. No suit shall be maintainable for loss of life or bodily injury to you or any passenger unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date. 

8. Privacy
   Any personal information that you disclose to us is subject to our privacy policy which governs the collection and use of information that is supplied. You understand that through the use of the Services and any Purchases, you consent to the collection and use (as set forth in our Privacy Policy) of this information. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements, administrative messages and customer feedback notifications. These communications are considered part of the Services we provide and you may not be able to opt-out of receiving.
    
9. Governing Law
   These Terms and Conditions and its interpretation shall, to the maximum extent allowed, be governed by and construed in accordance with the general maritime law of the United States; to the extent such maritime law is not applicable, it shall be governed by and construed in accordance with the laws of the province of Ontario in Canada. 

10. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HORNBLOWER GROUP, INC. AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (COLLECTIVELY, “HORNBLOWER GROUP FAMILY OF COMPANIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS. This provision does not require you to indemnify any of the Hornblower Group Family of Companies for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
 

11. Disclaimer of Liabilities

WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY OR PROPERTY DAMAGE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. 

IN ADDITION TO THE LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY GRANTED UNDER THE TERMS AND CONDITIONS, WE ALSO RETAIN ANY AND ALL LIMITATIONS OF, AND EXEMPTIONS FROM, LIABILITY ACCORDED TO SHIP OWNERS AND TOUR OPERATORS BY STATUTE OR RULE OF LAW INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED FOR IN 46 UNITED STATES CODE APP. SECTIONS 30501 30511. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING 46 UNITED STATES CODE APP. SECTIONS 30501-30511, YOU, ON BEHALF OF YOURSELF AND ANY AND ALL OF YOUR HEIRS, SUCCESSORS AND ASSIGNS, COVENANT NOT TO SUE OR TO INSTITUTE OR CAUSE TO BE INSTITUTED ANY KINDS OF CLAIM OR ACTION IN ANY FOREIGN, FEDERAL, STATE OR LOCAL AGENCY OR COURT AGAINST US ARISING OUT OF, IN THE COURSE OF, FROM OR ATTRIBUTABLE TO THE SERVICE OR THESE TERMS AND CONDITIONS. 

YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO US. 

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. 

In keeping with applicable guidelines, the Company has put in place comprehensive preventative measures aimed at preventing the introduction to and the spread of COVID-19 during your use of the Service; however, despite our mitigating efforts, we cannot guarantee that you or members of your party will not be exposed to COVID-19 during your use of the Service. 

Therefore, without limiting the foregoing limitation of liability, the following terms and conditions are effective for the Service: 

1. GUEST ASSUMPTION OF RISK – You acknowledge the contagious nature of COVID-19 and that, despite our effort to mitigate such dangers, you may be exposed to or infected by COVID-19 during your participation in the Service, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. You understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of yourself and others. You assume all the foregoing risks and are solely responsible for any resulting injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, related to COVID-19, that you may experience or incur in connection with the Service (“Claims”).
2. GUEST WAIVER OF COMPANY LIABILITY – You release, covenant not to sue, discharge, and hold harmless us, our employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. This release includes any Claims based on our actions, omissions, or negligence, or of our employees, agents, representatives, vendors, and independent contractors whether a COVID-19 infection occurs before, during, or after participation in the Service.

  12. Legal Disputes and Agreement to Arbitrate

Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court. 

1. Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Services.  Most concerns may be quickly resolved by informal means. We will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
2. Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
3. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
4. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the province of Ontario in Canada. The parties expressly consent to exclusive jurisdiction of the courts thereof.
5. The license granted herein is revocable upon refunding to passengers the Ticket price.

13. Non-Waiver

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision. 

14. Severability

These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. 

15. Assignment

We may assign our rights under these Terms and Conditions without your approval. 

1. Terms of Purchase 

• We are able to accept the following payment methods: Mastercard, Visa, American Express, Discover. Your payment will be noted on your card as: *P WALKS  *TAKEWALKS.COM .
• We require full payment in advance of the Service in order to secure your reservation. Tours cannot be guaranteed without full payment upfront.
• Please verify that the Service(s) and cost(s) displayed in your shopping cart when purchasing through the Sites are correct before finalizing payment.
• We are not responsible for tickets obtained from unauthorized sources which may not be valid.
• The prices listed are per person, unless otherwise specified.
• Prices are subject to change without prior notice, until we confirm your booking.
• If you have a coupon code, qualify for a discount, or have a gift card with applicable funds, it must be applied BEFORE purchase. We cannot apply any retroactive discounts.
• Promotional codes cannot be stacked, consolidated, transferred, re-used, or redeemed for cash value unless otherwise noted. All promotional codes have an expiration date, whether explicit or not. Where allowed under applicable law, expiration dates for coupon codes, promotional codes, or discounts are set at 1 year from issuance when no date is explicitly noted and expiration dates for gift cards are set at 3 years from issuance when no date is explicitly noted.
• Tours listed on the Sites are displayed and priced in the local currency, unless otherwise noted on the page or as selected by you or the user.
• All bookings are processed in ($) US Dollars, unless otherwise requested by a user on the web page.
• Guests accept any and all fees associated with Purchases using credit card.
• Licensed booking software sets all exchange rates internally, and customer service agents have no control over any rates displayed on page. Guests should take note that any live rates listed on 3rd party sites, such as those set by xe.com or fxstreet.com, are meant only as Interbank rates for transactions over $1M, and are not to be understood as a general consumer rate. If you are interested in learning more about exchanges, currencies, or payment options, please contact us in advance of booking.

2. Cancellations & Refunds

Cancelling or amending a Purchase can result in cancellation/amendment fees being applied, as outlined at the Cancellation Policy. 

• Cancellations made more than 24 hours (23:59 local time) prior to tour commencement are eligible for a refund for the full value of your booking, or may be exchanged for future travel credit.
• Cancellations received within 24 hours of departure, late arrivals, and no-shows after a tour departs are not eligible for refunds.
• Tours from Home are unique online products unlike our traditional tours and can be rescheduled without a fee up to 12 hours before the service.

Detailed information and additional cancellation and amendment terms are outlined in the Cancellation Policy.  These Terms and Conditions encompass the Cancellation Policy by reference.  By making a purchase or booking or using any of our services, you are agreeing to these Terms and Conditions and the Cancellation Policy referenced herein.

Any cancellation/amendment must be communicated: 

• Via e-mail to: [email protected] or
• Via telephone:            From the US (toll-free): +1 (415) 969-9277

International: +1-202-684-6916 

A booking is considered successfully cancelled or amended only after we send successful notification via email and cancellation/amendment fees are assessed.

All tours are sold as an entire package; as such there will be no offers of partial refunds for portions of a service that a guest has decided not to utilize. If a guest has pre-purchased tickets to any sites visited, or tours or site visits similar to the tour booked from an outside vendor, we are not responsible/liable for the reimbursement or prorating of any such fees. 

Force Majeure. If a site, attraction, or visit on your schedule tour service/itinerary is closed due to force majeure, including strikes or other unforeseen closures, the Company will do its best to contact guests soon as possible, and offer a suitable substitution, reschedule a different service, or provide a refund, pending availability and at full company discretion. 

3. Admission & Entry

• Upon Purchasing a Service, you will receive a confirmation email that details meeting location and specific meeting time.
• Guests are asked to arrive to the meeting point 15 minutes prior to the start of the tour.
• Give yourself ample time to reach meeting points. If you or your travel companions are running late or need assistance in finding the meeting point, please call our office at the number provided in your confirmation email, and we will do our best to assist you, however it is your ultimate responsibility to reach a meeting point on time.
• We are unable to compensate or reschedule any guests who miss their tour due to traffic or any other circumstance.
• The operator is not responsible for failure to arrive at a tour meeting point on time. Please see the no show/late arrival clause on the Cancellation Policy .
• Please ensure that all members of your party have a valid photo ID on them on the day of the visit. This is particularly important for guests who have qualified for a reduction based on age or student status. Students should bring a valid photo ID and student ID to every tour.
• The use of illegal or controlled substances, including smoking marijuana, is not permitted at any time. The smoking of tobacco, e-cigarettes or other products the produce a vapor or smoke is allowed only in designated outdoor smoking areas.

4. Attire & Face Coverings
   In addition to following face covering requirements, all guests must wear proper attire, including shoes and shirt, at all times.  We reserve the right to refuse service to or remove any person, in our sole discretion and without liability, wearing attire that we consider inappropriate or attire that could detract from the experience of other guests. 
    
5. Travel Insurance
   We strongly recommend guests arrange travel insurance to cover cancellations and delays due to unforeseen circumstances, or those beyond all control (e.g. inclement weather, strikes, seismic events). We also recommend guests arrange medical and personal insurance to cover any medical expenses, loss of baggage, loss of personal belongings, or other such travel mishaps. Guests agree we, and any local partner operators, are not liable for any of such unforeseen circumstances, and hold both parties harmless. All claims to reimbursements for insurance must go directly through the guests’ insurance provider, and not through us or our affiliates. 

6. Right to Manage

We reserve the right, but do not undertake the obligation to: 

• Monitor or review the Purchases and Services for violations of the Terms and Conditions and compliance with our terms and policies
• Report to law enforcement authorities and/or take legal action against anyone who violates the Terms and Conditions
• Refuse or restrict access to or the availability of any Services if you violate the Terms and Conditions, the law, or any of our terms or policies
• Manage the Services in a manner designated to protect our and third parties’ rights and property or to facilitate the proper functions of the Services
• Screen guest(s) who Purchase or participate in Services or attempt to verify the statements of said guest(s)

Without limiting any other provision of the Terms and Conditions, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of any Service to any person for any reason or for no reason at all, including without limitation for breach of representation, warranty, or covenant contained in the Terms and Conditions, or any of application law or regulation.  

7. Changes to Terms

We may update or revise these Terms and Conditions or any other policies related to the Services or Purchases at any time and in our sole discretion by updating this page with any revisions. You should visit this page periodically to review the Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law.  Any modifications to these Terms and Conditions will only be valid if in writing and updated to this page. If anyone offers or attempts to modify the terms of these Terms and Conditions, he or she is not acting as an agent for us or speaking on our behalf. You may not rely on, and should not act in reliance on, any statement or communication from anyone purporting to act on our behalf and only rely on the Terms and Conditions as set forth here. 

8. Assumption of Risk
   You and all guests assume all risk of danger and injury when participating in the Services. No suit shall be maintainable for loss of life or bodily injury to you or any guest unless written notice of claim be delivered to us within six months from the date of incident. No suit shall be maintainable for all other claims unless written notice of claim be delivered to us within the earlier of thirty days from the conclusion of the applicable Service date or incident date. 

9. Privacy
   Any personal information that you disclose to us is subject to our privacy policy which governs the collection and use of information that is supplied. You understand that through the use of the Services and any Purchases, you consent to the collection and use (as set forth in our Privacy Policy) of this information. As part of providing you with the Services, we may need to provide you with certain communications, such as service announcements, administrative messages and customer feedback notifications. These communications are considered part of the Services we provide and you may not be able to opt-out of receiving. 

10. Governing Law
    These Terms and Conditions and its interpretation shall, to the maximum extent allowed, be governed by and construed in accordance with the laws of the state of Delaware in the United States. 

11. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HORNBLOWER GROUP, INC. AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (COLLECTIVELY, “HORNBLOWER GROUP FAMILY OF COMPANIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS. This provision does not require you to indemnify any of the Hornblower Group Family of Companies for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.
 

12. Disclaimer of Liabilities

You acknowledge that the various third party suppliers that provide transportation, sightseeing, guiding, accompaniment, escort, activities, or other services connected with any booked tours are independent contractors of the Company. We make arrangements with these independent contractors solely for your convenience. We do not act on behalf of, control or supervise the parties, entities, or persons who own, furnish or operate such services as independent contractors and we have no authority to control or direct the means of transportation or any other aspect of the services furnished by independent contractors.  Such services are subject to the terms and conditions of those suppliers. The Company and its respective employees, websites, brands, subsidiaries, parent entities, affiliated entities, officers, directors and representatives (“Released Parties”) neither own nor operate any independent contractor which is to, or does, provide goods or services for these trips, tours and forms of transportation, and, as a result, do not maintain any control over the personnel, equipment, or operations of these suppliers, and assume no liability for and cannot be held liable for any personal injury, death, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of (1) sickness, weather, strikes, hostilities, wars, terrorist acts, acts of nature, local laws or other such causes (2) any wrongful, negligent, willful, or unauthorized acts, defect, omissions or default on the part of any of the tour suppliers, or other employees or agents in performing these services, (3) any defect in or failure of any vehicle, equipment, instrument owned, operated or otherwise by any of these suppliers, or (4) any wrongful, willful, or negligent act or omissions on any part of any other party not under the direct supervision, control or ownership of the Company. You agree to release, hold harmless, and indemnify the Released Parties from and against any claims, damages, costs or expenses arising from any of the foregoing. All services and accommodations are subject to the laws and regulations of the country in which they are provided. The Company is not responsible for any baggage or personal effects of any individual participating in the tours or trips arranged by it. Individual travelers are responsible for purchasing a travel insurance policy, if desired, that will cover some of the expenses associated with the loss of luggage or personal effects.
 

WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY PERSONAL INJURY OR PROPERTY DAMAGE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. 

YOUR SOLE REMEDY IS TO CEASE USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, BREACH OF DUTY OR OTHERWISE, EXCEED THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO US.
 

13. Legal Disputes and Agreement to Arbitrate

Please read the following clauses carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court. 

1. Initial Dispute Resolution. We are available to address any concerns you may have regarding your use of the Services.  Most concerns may be quickly resolved by informal means. We will work in good faith to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
2. Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the initial dispute resolution means above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms and Conditions (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association (the “AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement to Binding Arbitration shall be subject to the Federal Arbitration Act.
3. Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Agreement to Binding Arbitration section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
4. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in the Agreement to Binding Arbitration section above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in the state of Delaware. The parties expressly consent to exclusive jurisdiction of the courts thereof.
5. The license granted herein is revocable upon refunding to passengers the Ticket price.

14. Non-Waiver

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of the applicable right or provision. 

15. Severability

These Terms and Conditions operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. 

16. Assignment

We may assign our rights under these Terms and Conditions without your approval.