Gotham Walking ToursWalking Tours of NYC
FAQs, Binding Legal Notice & Release
FAQs, Binding Legal Notice & Release


BINDING LEGAL NOTICE AND RELEASE 

Please tell me about the "Binding Legal Notice" and "Release" that are hereby incorporated into, but not limited to, Gotham Walking Tours' ("GWT" - as defined below) or any other websites, emails, invoices (including but not limited to "PayPal"), and any other communications, whether oral, written, or electronic, relating to GWT, THE TERMS OF WHICH I UNDERSTAND AND HAVE FREELY AGREED TO, when booking or participating in GWT's tours or services: 

Gotham Walking Tours LLC and Lina M. Viviano, including but not limited to, their tour guides, owners, officers, directors, members, affiliates, contractors, sponsors, partners, representatives, agents, estates, families, and employees, are collectively referred to as "GWT" in this Binding Legal Notice and Release.

You, including but not limited to, you, your representatives, your agents, your group members, your families, heirs,  estate, or anyone acting for or on your behalf, are collectively referred to as "You" or "Your" in this Binding Legal Notice and Release.

YOU UNDERSTAND AND AGREE THAT your use of this website, or of any other information, communication, or advertisements distributed by, on behalf of,  or concerning GWT, constitutes consent to the terms of this Binding Legal Notice and Release. 

YOU UNDERSTAND AND AGREE THAT individuals and/or entities who book any tour or service through GWT, or purchase or use any Gift Certificates relating to GWT, or receive any passes relating to GWT, or transfer any credits relating to GWT, assume the responsibility of communicating the contents of this Binding Legal Notice and Release to all participants, whether they are individuals (including parents and/or legal guardians) and/or entities in their group who participate in any tours or services offered by GWT.

YOU UNDERSTAND AND AGREE THAT  you are free to consult an attorney for any guidance you may need with respect to this Binding Legal Notice and Release.

YOU UNDERSTAND AND AGREE THAT you know and understand the scope, nature and extent of the risks involved in participating in GWT's tours and services as such services are described on or relating to, GWT's website and communications, and that some dangers cannot be foreseen. You understand and agree that these risks include, but are not limited to: walking or traveling in varied weather conditions; climbing up and down public or private stairways and curbs; defects in public or private streets, stairs and sidewalks; proximity to or use of, public or private transportation, vehicles, bicycles and other traffic; inadequate pubic or private lighting; the consumption of any food that may cause or aggravate medical conditions; carelessness or negligence of GWT's or other participants' in GWT's tours and services; and any person's or entity's, whether public or private, negligent instruction or supervision. YOU UNDERSTAND AND AGREE THAT YOU KNOWINGLY, VOLUNTARILY, FREELY, AND EXPRESSLY CHOOSE TO INCUR ALL RISKS associated with the above, understanding that those risks may include, but are not limited to, your bodily and personal injury, damage to your property, and/or disfigurement or death.

YOU UNDERSTAND AND AGREE THAT YOU HEREBY RELEASE, DISCHARGE, AND HOLD HARMLESS GWT from any and all liability, claims, demands, costs, fees, expenses, or causes of action whatsoever arising out of any damage, loss or injury to you, or your property, or your death, while participating in any GWT tour or service, whether resulting from the negligence or other fault, either active or passive, of GWT or from any other cause. You specifically waive any unenforceability and/or public policy argument that you could make or could be made on behalf of your estate or by anyone who would sue GWT as a result of your participation in GWT's tours or services.

YOU UNDERSTAND AND AGREE THAT you will never institute any lawsuit or cause of action or proceeding against GWT, or initiate or assist in the prosecution of any claim for damages against GWT which you may have by reason of injury to your person or property, or your death, arising from the activities covered by this Binding Legal Notice and Release, whether caused by the negligence or fault, active or passive, of GWT, or from any other cause. You hereby so instruct your heirs, executors, administrators, personal representatives, or anyone else claiming or acting on your behalf. Should any such lawsuit or cause of action or proceeding be instituted against GWT, you agree that GWT shall be entitled to recover from you all attorney’s fees and costs and expenses incurred in the defense of such lawsuit or cause of action or proceeding.
 
YOU UNDERSTAND AND AGREE TO INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESSG GWT against any and all losses, claims, damages, expenses, actions, or proceedings of every kind and character, including attorney’s fees, costs and expenses, which may be presented or initiated by any other person or organization and which arise directly or indirectly from: (i) your participation in or use of GWT's tours or services, whether resulting from the negligence or other fault, either active or passive, of GWT or from any other cause, and/or (ii) your breach of this Binding Legal Notice and Release and/or any breach of your representations and warranties set forth in this Binding Legal Notice and Release.  You hereby understand and agree that GWT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification and/or defense by you, in which event you agree to cooperate completely and in good faith with GWT in asserting any available defenses.

YOU UNDERSTAND AND AGREE TO INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS GWT from any and all losses, claims, damages, expenses, costs, actions, or proceedings of every kind and character, including but not limited to attorney’s fees, costs, and expenses, which may be presented or initiated by any other person, entity, estate, or organization and which arise directly or indirectly from (i) your participation in GWT's tours or services, whether resulting from the negligence or other fault, either active or passive, of GWT or from any other cause, and/or (ii) your breach of this Binding Legal Notice and Release, or any breach of your representations and warranties as set forth in this Binding Legal Notice and Release.  GWT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification and/or defense by you, in which event you agree to cooperate completely and in good faith with GWT in asserting any available defenses.

YOU UNDERSTAND AND AGREE THAT GWT does not condone the consumption or use of alcoholic beverages and/or any controlled substances.  Certain venues visited by GWT do sell alcoholic beverages.  GWT does not assume any responsibility for the actions of people who choose to consume or use alcoholic beverages and/or controlled substances during the course of any tour or service offered by GWT.

YOU UNDERSTAND AND AGREE THAT GWT assumes no responsibility for the contents of any other websites or oral, written or other materials or communications (regardless of the format in which they appear), which involve or reference GWT, or GWT's website, or GWT's communications, or GWT's tours or services.

YOU UNDERSTAND AND AGREE THAT while GWT has made every effort to insure that the information contained in this website and its promotional materials and any of its communications are accurate, you are aware that such information may unintentionally become incomplete, inaccurate or out of date. 


WHAT IS YOUR REFUND POLICY?

All tours take place rain or shine or snow . . . . i.e., regardless of any weather conditions. 

Reservations are complete upon full payment by major credit card.  Tour dates/times are not final until payment is complete.

Refunds will only be issued to parties that cancel their tour(s) at least sixty (60) days prior to the tour date(s), regardless of the date of booking.

Parties who choose to cancel, alter the details of, or reschedule their tour between fifty-nine (59) and eight (8) days in advance of the tour date will receive a credit  regardless of the date of booking.

Neither refunds nor credits will be issued to parties who cancel, alter the details of, or reschedule their tour within seven (7) days of the tour, regardless of the date of booking.  

The booking party is responsible for full payment of the tour regardless of how many members of the party actually show up for the tour.  Neither refunds nor credits will be issued with respect to party members who do not show up for the tour.

Credits (including those extended on a complementary basis) expire nine (9) months from the date of booking.

Credit holders can not redeem credits for their cash value and can only apply credits toward the price of the same tour within the expiration date. 

Credits can only be applied to one tour within an expiration period.  Neither refunds nor credits will be extended for any credits remaining after the booking of the one tour. 

The price of a future tour will, at a minimum, be equivalent to the price of the prior cancelled tour.  Should tour prices increase between the date the credit was issued and the date of the booking of a future tour, the booking party will be responsible for the difference between the two prices.

Evening tours are subject to additional costs at the discretion of GWT.

GWT may, in its sole discretion, choose to cancel any of its tours.  Should this happen, a refund will be issued to the booking party.

All tours are subject to GWT's availability.



Are Gift Certificates available for purchase?

Yes.  Email us at gothamtours@yahoo.com and let us know how much money you would like to add on to the Gift Certificate.

All who purchase or receive gift certificates or passes are, like all GWT clients, bound by the terms of this Binding Legal Notice and Release.  Those who purchase gift certificates are responsible for directing their gift recipients to the location and existence of this notice and release.

Holders of any Gift Certificate or Complementary Passes/Gift Certificates issued to them by GWT can not redeem the same for their cash value and can only apply such Gift Certificates and/or GWT Complementary Passes/Gift Certificates toward the price of one future private tour within the expiration period. 

Holders of any type of Gift Certificates or coutesy passes are not eligible for refunds or credits.

Gift certificates (not including any courtesy tours offered by GWT) are valid for 5 years from the date of issuance when purchased from GWT.  

Courtesy tours offered by GWT are valid for 6 months from the date of issuance.

All tours are subject to GWT's availability.



Copyrights

The copyrights referenced in this website belongs to GWT, unless otherwise indicated.  All rights are reserved by GWT.  No part of this website or of any other of GWT's promotional materials or communications may be copied, reproduced, broadcasted, adapted, or otherwise used without the prior written permission of GWT.



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