Terms and Conditions

Terms and Conditions

By purchasing a ticket for the Tour, you agree to the following Terms and Conditions, which form a binding legal agreement between you and Merchantour LLC ('the Organizer'). Please read them carefully.

Ticket Policy:

  • All ticket sales are final and non-refundable.

  • No refunds will be provided if a customer fails to arrive at the designated pick-up point on time.

  • Tickets cannot be exchanged for another date or time.

  • No refunds will be provided for no-shows or late arrivals. The bus will depart promptly at the times specified below.

  • No exceptions will be made for personal emergencies, illness, or other unforeseen circumstances unless required by law.

  • If the Organizer cancels the Tour, a full refund will be issued within 5-10 business days to the original payment method.

Pick-Up Locations and Times:

First Pick-Up Point: Brighton Beach

Second Pick-Up Point: Manhattan

Group Tour Conditions:

  • You are purchasing a ticket for a group Tour. The group size and type of transportation may vary depending on the number of tickets sold.

  • Transportation Details:

  • If fewer than 6 participants: the Tour will be conducted in a large SUV GMC Yukon XL.

  • If between 6 and 14 participants: the Tour will be conducted in a Ford Transit van or a similar-class vehicle.

  • If more than 14 participants: the Tour will be conducted in a large 36 or 56 seat bus.

  • By purchasing a ticket, you acknowledge that there may be between 1 to 55 other participants on the Tour.

Seating and Tickets:

  • We strive to accommodate your seating preferences; however, we cannot guarantee the exact seat selected at the time of booking.

  • Due to potential changes in vehicle models and seating arrangements, your ticket grants you the right to participate in the Tour but does not guarantee a specific seat assignment.

Tour Stops:

  • The Tour does not include a scheduled lunch stop.

  • The Tour will include designated stops where passengers are required to disembark with the Tour guide.

  • It is your responsibility to remain with the Tour guide during stops. If you become lost or separated from the group, the Tour will proceed without you.

  • Emergency contact information will be provided in your booking confirmation email.

Tour Itinerary:

  • A list of attractions, sights, and landmarks included in the Tour can be found on the Tour description page.

  • We will make every effort to include all listed attractions, sights, and landmarks in the Tour; however, we cannot guarantee visits to each site.

  • Visibility of certain landmarks may vary depending on your seat on the bus.

  • We cannot guarantee an unobstructed view of every attraction from the bus.

  • In case of road construction, street closures, government events, parades, festivals, or other unforeseen circumstances, some attractions, sights, and landmarks may not be accessible.

Tour Duration:

  • Due to the complexity of the itinerary, exact timing cannot be guaranteed.

  • The Tour concludes at two locations:

  • First Drop-Off: In front of the National Museum of the American Indian, 1 Bowling Green, New York, NY 10004, approximately between 9:30 PM and 10:00 PM

  • Second Drop-Off: Brighton Beach, 1002 Brighton Beach Ave, Brooklyn, NY 11235, approximately between 10:30 PM and 11:00 PM

  • The drop-off time is approximate and subject to change, and therefore cannot be guaranteed.

Participant Conduct:

  • The Organizer reserves the right to refuse participation or remove from the Tour any participant whose behavior threatens the safety, comfort, or well-being of others, or disrupts public order.

Age Restrictions and Responsibility for Minors:

  • Children under the age of 18 may participate in the Tour only when accompanied by an adult, who assumes full responsibility for the child’s behavior and safety.

Right to Modify the Itinerary:

  • The Organizer reserves the right to modify the itinerary, schedule, and Tour program if necessary, without prior notice to participants.

Insurance:

  • The Tour Organizer recommends that participants have travel and medical insurance. The Organizer does not provide insurance and is not responsible for medical expenses or other costs incurred as a result of participating in the Tour.

Participant Health and Safety:

  • Participants are responsible for ensuring they are medically fit to participate in the Tour. The Organizer is not liable for any health-related issues that arise during or after the Tour.

Force Majeure:

  • The Organizer is not liable for Tour cancellations, delays, or changes in the itinerary due to force majeure events, including but not limited to natural disasters, strikes, epidemics, acts of war, terrorist activities, and other circumstances beyond the Organizer's control.

Limitation of Liability:

  • To the fullest extent permitted by law, the Organizer disclaims any liability for indirect, incidental, special, or consequential damages arising out of or in connection with the Tour, including but not limited to personal injury, property damage, or loss of enjoyment, except in cases of gross negligence or willful misconduct by the Organizer. The Organizer is not responsible for lost, stolen, or damaged personal belongings during the Tour. In no event shall the Organizer’s total liability exceed the amount paid for the Tour ticket.

Hotel Accommodation Disclaimer:

Hotel accommodations included in the Tour (if applicable) are arranged by the Organizer through third-party hotel providers. The Organizer does not own, operate, or manage any hotel properties.

By purchasing a Tour that includes hotel accommodations, you acknowledge and agree that:

  • The Organizer does not guarantee a specific hotel, hotel brand, room type, bedding configuration, view, floor level, or other room features unless explicitly stated in the Tour description.

  • Hotel assignments are subject to availability, operational considerations, and supplier changes and may be modified without prior notice.

  • The Organizer is not responsible for the quality, condition, services, policies, or amenities provided by the hotel.

  • Any issues related to hotel accommodations, including but not limited to room cleanliness, maintenance, staff conduct, service quality, overbooking, or facility availability, are the sole responsibility of the hotel provider.

  • The Organizer shall not be liable for refunds, compensation, or alternative accommodations resulting from hotel-related issues unless required by applicable law.

By participating in the Tour, you agree that hotel accommodations are provided as part of a bundled sightseeing package and not as a standalone lodging service.

Third-Party Transportation Disclaimer:

  • The Organizer provides Tour guide services only. Transportation for the Tour is arranged through a third-party bus company that operates independently and is not affiliated with the Organizer or the company selling tickets. By purchasing a ticket, you acknowledge that the Organizer is not responsible for the operation, safety, maintenance, or performance of the transportation services provided. Any issues related to the transportation, including but not limited to delays, mechanical failures, or accidents, are the sole responsibility of the third-party transportation provider.

Third-Party Sales Disclaimer:

  • Tickets for this Tour may be sold through third-party websites or authorized resellers. The Organizer is not responsible for the operations, policies, content, or customer service provided by these third-party platforms. Any issues related to payments, ticket processing, or website functionality must be addressed directly with the third-party provider.

  • By purchasing a ticket from a third-party website, you acknowledge and agree that your contractual relationship for the Tour services remains solely with the Organizer as defined in these Terms and Conditions.

Photo/Media Consent Clause:

  • By participating in the Tour, you grant the Organizer permission to use photographs or videos that may include your image for promotional purposes without compensation.

Communications and Messaging

  • By providing your contact information and accepting these Terms and Conditions, you agree that Merchantour LLC (“the Organizer”) may contact you using the contact information you provide, including by email, telephone, SMS/text message, WhatsApp, Telegram, and other messaging services.

Tour-Related Communications

  • The Organizer may contact you regarding the tour or service you purchased. These communications may include booking and payment confirmations, tickets and reservation information, pickup locations and departure times, reminders before the tour, itinerary, schedule, or meeting point changes, transportation and hotel information, guide and emergency contact information, weather, safety, delay, cancellation, or other operational notices, and any other information reasonably necessary to organize and provide the purchased tour or service.

  • Because these communications may contain important information related to your booking, you are responsible for providing accurate and current contact information and for monitoring the email address, telephone number, and/or messaging account provided with your reservation.

Promotional and Marketing Communications

  • By providing your contact information and accepting these Terms and Conditions, you also agree that the Organizer may use your contact information to send you information about upcoming tours, new destinations, discounts, special offers, promotions, and other services offered by the Organizer, including through email, SMS/text message, WhatsApp, Telegram, and other messaging services, where permitted by applicable law.

  • Marketing communications may be sent periodically, and message frequency may vary. Standard message and data rates may apply to SMS/text messages depending on your mobile carrier and service plan.

  • You may opt out of promotional communications at any time. For SMS/text messages, you may reply STOP to unsubscribe. You may unsubscribe from marketing emails using the unsubscribe option provided in the message or by contacting the Organizer. You may also request to stop promotional communications through WhatsApp, Telegram, or another messaging service by notifying the Organizer through that service or through the Organizer’s contact information.

  • Opting out of promotional communications will not affect an existing reservation or prevent the Organizer from sending service-related communications that are reasonably necessary to administer, update, or provide a tour or service you have purchased.

  • The Organizer does not guarantee the delivery of electronic communications and is not responsible for messages that are delayed, blocked, filtered, or otherwise not received due to circumstances outside of the Organizer’s reasonable control.

Governing Law and Jurisdiction:

  • These Terms and Conditions are governed by the laws of the State of New York. Any disputes arising under these Terms shall be resolved in the courts of New York County, New York.

Severability Clause:

  • If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

By purchasing a ticket, you agree to release, waive, and discharge the Organizer from any and all claims, demands, or causes of action arising out of or related to participation in the Tour, except as otherwise provided by law.