TERMS AND CONDITIONS
RDSL URBAN NY LLC (D/B/A OPEN LOOP NEW YORK)
AGREEMENT REGARDING USE OF OPEN LOOP NEW YORK SERVICES AND WEB SITE(S)
Please review the following terms and conditions carefully.
This Agreement Regarding Use of OPEN LOOP New York’s Services and Web Site(s) is a legally binding contract between you ("You" or "Your") and RSDL URBAN NY LLC, d/b/a OPEN LOOP New York, including its affiliated companies (collectively, "OPEN LOOP NY," "We," "Us" or "Our") regarding Your visit to and use of OPEN LOOP NY’s web sites (the "Site(s)") and Your use of the various products and services that can be purchased on the Sites or are otherwise referenced on the Site(s).
USE OF SERVICES
OPEN LOOP NY provides its customers with sightseeing hop-on, hop-off bus tours in NY City.
Please show or purchase your boarding pass when you board. You are not allowed to use the sightseeing service unless you have a valid boarding pass. The boarding pass remains the property of OPEN LOOP NY and must be produced for inspection and be surrendered to an OPEN LOOP NY officer if required to do so. Passenger found travelling without a valid boarding pass will be charged the full fare or asked to leave the tour at the next stop.
Please keep your boarding pass safe as replacement will not be issued. If you lose your boarding pass, you lose your ride.
OPEN LOOP NY reserves the right to deviate from the loop where reasonably prudent to do so and assumes no liability or responsibility for traffic conditions, access to sites or other conditions beyond its control. OPEN LOOP NY assumes no liability or responsibility for any injuries, loss, damage delay, inconvenience, additional costs incurred for any reasons beyond its control. OPEN LOOP NY reserves the right to cancel or substitute loops and stops on any tour without prior notice and to substitute equipment as needed.
A child is defined as being aged from 5-12 years. Children must be accompanied by an adult at all times. A child under 5 may travel free of charge as long as they are accompanied by a dedicated adult.
All prices are subject to change without notice.
It is prohibited to smoke or to drink alcohol on the tour.
NUISANCE, OFFENSIVE BEHAVIOR
We may at our discretion require any person to leave the bus if we deem his/her conduct is offensive or a nuisance to other passengers, or if behaving in such a way as to constitute a risk to his/her safety or other passengers, and we shall have no other liability.
In the event that OPEN LOOP NY is unable to operate a service throughout the period of validity of your boarding pass through circumstances totally under its control, you shall be entitled to a full or part refund of the price of your boarding pass.
Refunds must be made in writing within 14 days of the tour and must include original boarding passes, receipts for tour purchased, and explanation of the reason for the refund request. No requests will be considered without your boarding pass and proof of purchase. Please mail documents to: OPEN LOOP NY, 785 8th Avenue, NY, NY 10036; Attention: Guest Service Department OR email scanned documents to [email protected].
LOST OR STOLEN PROPERTY
OPEN LOOP NY shall not be responsible for any lost or stolen property, regardless of whether property is lost or stolen in connection with Your use of the Site(s) or any other services provided by OPEN LOOP NY.
PERMITTED USE OF THE SITE(S)
By using the Site(s), You agree at all times to use the Site(s) lawfully consistent with this Agreement.
In order to purchase the products and services using the payment method displayed on the Site(s), you must be 18 years of age or over. By using the Site(s), You confirm that You possess the legal authority to enter into the conditions of use for the Site(s), including instructing OPEN LOOP NY to collect any payments from a credit or debit card, and to use the Site(s) in accordance with all terms and conditions. You confirm that all information supplied by You in using the Site(s) is true and accurate.
CREDIT CARD PAYMENTS
All payment transactions are handled by OPEN LOOP NY. Your credit/debit card and related personal details are collected by OPEN LOOP NY in order to process your order.
You agree that You are responsible for all charges incurred by Your use of the Site(s), including all bookings. You expressly authorize OPEN LOOP NY to charge the credit card provided by You or listed on Your account for any outstanding fees or costs due to OPEN LOOP NY. If the credit/debit card holder for bookings is not You, it will be Your responsibility to ensure that You have the card holder's consent before entering any related details, and that such details when entered are true.
IMPROPER USE OF THE SITE(S)
You shall not attempt to gain access to the Site(s) through any means not intentionally made available by Us for Your specific use. You shall not interfere with or disrupt the Site(s) or servers or networks connected to the Site(s). You shall not upload onto the Site(s), or otherwise use the Site(s) or any products or services provided by Us for, any destructive or unlawful purposes including, but not limited to, the dissemination of any information or material, including without limitation: computer viruses; advertising or promotional material; solicitations; libelous or inflammatory materials; pornographic or obscene information; invasion of privacy or collection or use of other users' data; stalking or harassment; abuse; tortious conduct; hateful or racially, ethnically or otherwise objectionable material; or any works infringing upon the patents, copyrights, trademarks, trade secrets or other proprietary rights of third parties. You shall not download any portion of the operating software for the Site(s) or otherwise control its operation. You shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site(s) or any products or services referenced on the Site(s). IMPROPER USE OF THE SITE(S) OR THE INFORMATION, PRODUCTS OR SERVICES OFFERED ON THE SITE(S) MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
All trademarks and service marks used on the Site(s) belong to OPEN LOOP NY, except third party trademarks and services marks, which are the property of their respective owners. You are not authorized to use any such trademarks without OPEN LOOP NY's or their respective owners' prior written consent.
All information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials, whether publicly posted or privately transmitted, are the exclusive property of OPEN LOOP NY or its third party licensors, and are protected by international copyright laws and other intellectual property rights. You may download or print individual pages of the Site(s) for Your personal use; provided that You do not modify or delete any of copyright and other proprietary notices on those pages.
This information published on the Site(s), including links to other sites, is provided as a convenience to visitors and should be used for information purposes only. While We use all reasonable efforts to ensure that the information contained on the Site(s) is current, accurate and complete at the date of publication, no representations or warranties are made (express or implied) as to the reliability, accuracy or completeness of such information, or as to the reliability, accuracy or completeness of information on linked sites. We are not liable for any loss arising directly or indirectly from the use of, or any action taken in reliance on, any information appearing on the Site(s). THE INFORMATION ON THE SITE(S) IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR ACCURACY. UNDER NO CIRCUMSTANCES WILL OPEN LOOP NY BE LIABLE IN ANY WAY FOR ANY INFORMATION, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN ANY INFORMATION, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE(S). YOU AGREE THAT OPEN LOOP NY AND ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OR PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE DELAY OR INABILITY TO USE THE SITE(S) OR ANY OF THE PRODUCTS, SERVICES OR LINKS OFFERED ON THE SITE(S), EVEN IF OPEN LOOP NY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
AVAILABILITY OF SITE(S)
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site(s) or any products or services offered on the Site(s) without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension, discontinuance or unavailability of the Site(s) or any products or services offered on the Site(s).
MODIFICATIONS TO THE CONTENT AND PRODUCT OFFERINGS ON THE SITE(S)
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspects of the Site(s) or the content or the products or services available through the Site(s) without prior notice. However, We will honor any existing bookings or provide a refund in the event of unavoidable cancellations.
INDEMNIFICATION FOR CLAIMS RELATING TO YOUR USE OF THE SITE(S)
As a condition of Your permitted use of the Site(s), You agree to indemnify and hold OPEN LOOP NY and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information that You submit, post to or transmit through the Site(s), Your use of or connection to the Site(s), Your violation of this Agreement, or Your violation of any rights of a third party.
CHOICE OF LAW
You and OPEN LOOP NY agree that the substantive law for deciding any and all disputes and claims between us shall be the law of the State of New York, without regard to New York's choice of law rules.
We hope that You find the Site(s) to be useful and easy to use. If You have any questions, comments or suggestions, please contact OPEN LOOP NY. See the "Contact Us" page of the Site(s) for details.
Failure or delay by Us to enforce an obligation or exercise a right under these terms and conditions does not constitute a waiver of that obligation or right. OPEN LOOP NY reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to the Site(s).
If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
OPEN LOOP NY reserves the right to modify the terms of this Agreement at any time in its sole discretion by posting a change notice to this page.
RDSL URBAN NY LLC (D/B/A OPEN LOOP NEW YORK)
The content on this website (the “Site”) is maintained by RDSL Urban NY LLC d/b/a OPEN LOOP New York (referred to herein as “OPEN LOOP NY”).
Collection of Information
You may visit this Site anonymously as often as you like without providing any personally identifying information (such as your name, address or email address). OPEN LOOP NY will not collect personally identifying information from you except when you specifically provide it, and will protect the information received.
[We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.]
OPEN LOOP NY will not store your credit card information or share your credit card information with any other party.
[With your consent OPEN LOOP NY may also gather personal information from you through website sales, surveys, competitions and newsletters. OPEN LOOP NY will not share your personal information with third parties without obtaining your consent first.]
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
Privacy Contact information
We reserve the right to make changes to this policy. Any changes to this policy will be posted.