New York Media Group B.V.
Last updated: February 2018
Welcome to NewYork.com.au. New York Media Group B.V. (trading under the name NewYork.com.au – hereinafter “NYMG”) offers an online platform by which you can prepare for a trip to and stay in New York City. You can find information and book relevant tours, tickets and services (“Products” and “MetroCards”) from third parties relating to New York City. These user terms (the “Terms”) apply to the relationship between NYMG and its users (“Users”) for any use of the website www.NewYork.com.au (the “Website”), the mobile application Eric’s New York (the “App”) and (the purchase of) services or Products as offered by NYMG and via third party suppliers. NYMG offers use of the Website and App, and its services or products under the condition that User accepts these Terms.
1.1. NYMG: New York Media Group B.V., a limited liability company incorporated under the laws of the Netherlands. The company is registered with the Dutch Chamber of Commerce under registration number 53135733. The company’s registered office is at Herengracht 221, 1016 BG Amsterdam. NYMG is also referred to as “we”, “us”, “our” and “NewYork.com.au”.
1.2. User: a private person or legal entity making use of the Website, App or (buying) services or products offered by us. Also referred to as “you”.
1.3. Platform: the Website https://www.NewYork.com.au and App Eric’s New York with information about New York City.
1.4. Products: a variety of tours, tickets and services made available by third party suppliers relating to New York City.
1.5. MetroCard: a card used as payment method for transportation on the New York City Subway and New York City Transit buses.
2. USING OUR WEBSITE AND APP
2.1. If you want to use our App, you have to download and install our App. You are not able to create a personal account.
2.2. If you want to use our Website, simply go to https://www.NewYork.com.au. You are not able to create a personal account.
2.3. By using our Website and App, you declare to be at least 16 years old. If you are under the age of 16, you need parental consent (or consent of a legal guardian) to use our Website or App.
2.4. The terms of agreement with User’s respective mobile network provider (“Mobile Provider”) will continue to apply when using the Website or App. As a result, User may be charged by the Mobile Provider for access to network connection services for the duration of the connection, because of the use of the Website or App, or any such third-party charges as may arise. User is responsible for any such charges that arise.
2.5. As a condition for using the Website or App, you agree not to provide any information, data or content to us or the Platform (or through the Platform) that is incorrect, inaccurate, incomplete or that violates any law or regulation. In addition, you agree that you:
a) Do not enter any non-public / secure areas of the Platform;
b) Do not send viruses, worms, junk mail, spam, chain letters, unsolicited offers or ads of any kind and for any purpose; and
c) Do not investigate, scan or test the Platform or any other related system or network, or violate any security or authentication.
2.6. If NYMG suspects you do not comply with these Terms or an agreement with NYMG, we may deny you immediate access to the Platform (permanently).
3.1. NYMG offers two types of Products; those supplied by third parties such as a special event, tour, theatre or show ticket that are specified by a date and MetroCards sold directly via our Website and App. For all other Products accessed by a hyperlink, please refer to section: (10) Links to Third Party Websites”.
3.2. NYMG is not a travel agency and does not provide its own tours, excursions, transportation services, accommodations or any other travel-related experiences. NYMG shows Product information and experiences solely offered by third-party suppliers and allows customers to make reservations with these suppliers. This does not imply or constitute NYMG’s sponsorship or approval of third-party suppliers, or any affiliation between NYMG and third-party suppliers.
3.3. The MetroCard is explicitly designated as offered by NYMG.
3.4. If User gives NYMG certain information – such as departure dates or dates of your stay – NYMG may assume that this information is correct, and will display Products based on that information.
3.5. A purchase of a Product is concluded when User pays the price as specified in that Product and this payment is received in good order by NYMG.
3.6. All other Products from NYMG (Products not listed as such on the Website or App) are non-binding unless agreed otherwise in writing.
3.7. Products redirecting User to a third-party website by way of a hyperlink, are made by third parties. Obvious mistakes or obvious errors regarding Products do not bind NYMG or third parties. Please refer to the “Links to Third-Party Sites” section below for further information.
4. PRIVATE TOUR GUIDES
4.1. NYMG provides information and allows customers to make reservations for private tour guides. These private tour guides are not agents or affiliates of NYMG. No background checks are provided for the private tour guides. The use of the private tour guides is at your own risk. Users are responsible for working directly with private tour guides on scheduling, meeting time/place tour specifics and, where specifically noted, payment terms. Users conclude an agreement with the private tour guide which will be subject to terms and policies of these guides.
5. GIFT CERTIFICATES
5.1. NYMG Gift Certificates are obtained via the NewYork.com.au Website. All Gift Certificate sales are final. Gift Certificates are not refundable. NYMG is not responsible for stolen or lost Gift Certificates. NYMG Gift Certificates are valid for one (1) year from the date of initial purchase. If the value of the items you book is greater than your Gift Certificate, you can pay the remaining balance using a credit or debit card.
6.1. Prices listed on the Website and App are per person, unless otherwise specified.
6.2. Prices are an all-inclusive price. Unless otherwise specified.
7.1. All payments must be made in advance unless NYMG indicates that User can make the relevant payment after receiving the product or service. Possible methods of payment are displayed on the Website or App and include for example [MasterCard, Visa, iDeal, PayPal].
8. BOOKING MODIFICATIONS AND CANCELLATIONS
8.1. All booking modifications and cancellations of Products with a specific date must be notified via email email@example.com.
8.2. When booking special event, theatre or show ticket Products through the Website, User can opt for a “Flex Ticket”. This option guarantees that modifications and cancellations of the booking up to ten (10) days before the event are free of charge. To make use of this, the request for modification or cancellation must be received within (10) days before the event. If User submits the request less than ten (10) days before the event date, User may be subject to an additional fee.
8.3. When a User requests a cancellation using the “Flex Ticket” option, the User will receive a full refund minus the “Flex Ticket” fee.
8.4. The “Flex Ticket” option does not cover (i) exchange rate discrepencies and (ii) price increases after the purchase has been made.
8.5. It is not possible to change, modify or cancel bookings for New York City Ballet (“NYCB”).
8.6. For modifications or date changes of an existing special event, theatre or show ticket without “Flex Ticket” the User is charged a fee.
8.7. Products such as guided tours can be modified or cancelled within ten (10) days before the event date free of charge. If User submits the request less than ten (10) days before the event date, User may be subject to an additional fee.
8.8. Date-change requests and modifications to all Products are subject to availability by our suppliers and/or service providers; NYMG cannot guarantee the success of any date-change request.
8.9. No refunds are available once a tour, special event, show or service has commenced.
8.10. On occasion our suppliers may make changes to the prices, (tour) dates, inclusions or other Product details. As a result, NYMG has the right to cancel, change or substitute any service, tour, ticket or Product that the User has booked, at any moment, for any reason. If you are dissatisfied with any of the alternatives offered, a full refund of the original purchase price will be issued. When NewYork.com.au is informed of a significant change to a booking and/or event, tour or Product we will make every reasonable effort to notify you in order to amend the booking.
9. METROCARD RETURNS
9.1. A User who is an individual private person has the right to return the MetroCards within 14 (fourteen) days from the day on which the Product has been received.
9.2. User must inform us about the return of the MetroCards within the reflection period by sending an email to firstname.lastname@example.org. You can send the MetroCard to the address as stated at the bottom of these Terms. You have to pay the costs of the return shipment yourself. To exercise your right of withdrawal, you can also use this form [the Dutch standard form can be found here]. We will send you a confirmation of your notification as soon as possible, but at least within 5 days. We will give you a refund within 14 (fourteen) days after we have received the MetroCards. You are liable for depreciation of the MetroCards, if you have done something with the MetroCards during your reflection period which was not necessary to evaluate it. The refund will be calculated as follows: the full price as paid by User plus standard shipping costs minus any services we have already performed on your special request. The refund will also include reimbursement of the standard delivery costs and other (administration) fees, when charged. In the case of the return of a partial order, you will receive a refund for the value of the goods that have been returned and in this case, the delivery charges will not be refunded.
9.3. For MetroCards bought in combination with an attraction, please consult the specific terms and conditions of delivery and returns here.
10. LINKS TO THIRD PARTY WEBSITES
10.1. User can conclude an agreement with third parties on third party websites, which will be subject to terms and policies of these third parties. Offers of third parties are solely made available by NYMG: this means that NYMG is not responsible for the (content of) offers by third parties.
10.2. User acknowledges that NYMG is not or does not become a party to the agreement which is concluded between User and a third party, after User makes use of the referral to a third party via the Website or App. NYMG is not responsible for the agreement which is concluded between User and a third party.
11. INFORMATION ON WEBSITE AND APP, DISCLAIMER OF WARRANTIES
11.1. The information about the city of New York on the Website and App has been put together with the utmost care. This information is for information purposes only and does not constitute an advice. To the maximum extent permitted by law, NYMG hereby also disclaims all implied warranties regarding the information that is provided by the Website and App. The information on the Website and App is provided “as is” and “as available” without warranty of any kind.
11.2. User understands that information about products and services offered by third parties on the Website and App is from third parties and has not been composed or proposed by NYMG (in this respect, also see article 3 and 10). This information is therefore offered without any warranty or claim for accuracy. This also means that if information about products and services from third parties on the Website and App, differs from information provided by the third-party websites that offer the products and services, the information on the third-party website has to be regarded as accurate.
11.3. NYMG is not liable for:
a) the information about the city of New York provided by the Website and App or any damage of User resulting therefrom;
b) the proper functioning of (hyper)links provided by the Website or App; or
c) any decision or purchase made by User based on the information about the city of New York provided by the Website or App.
Users are solely responsible for their interactions with third parties they found through the Platform or with other Users of the Website or App.
11.4. NYMG will use reasonable efforts to update the information on the Website or App (about the city of New York) on a regular basis to give an as accurate picture as possible of the information, products and services of third parties. NYMG will not be responsible for any updates, support or maintenance with regard to the information on the Website or App.
12. OUR NEWSLETTER
12.1. To receive our newsletter, you must provide us with your email address via the relevant form on our Website or App.
12.2. By providing us with your email address through the relevant form, you give your consent to regularly receive our newsletter.
12.3. Users have the right to cancel their newsletter subscription at any time. To exercise the right to cancel, please inform us via email@example.com or click on the relevant button as provided in every newsletter. We will send you a confirmation of your notification as soon as possible, but in any event within 5 days.
14. INTELLECTUAL PROPERTY
14.1. Apart from the (hyper)links to third party websites and notwithstanding third party rights (for example of makers of products), NYMG is the exclusive owner of all intellectual property rights vesting in and relating to (all content made available through) the Website, the App and its services or products, such as – but not limited to – patents, patent applications, trademarks, trademark applications, database rights, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, property rights, photographs and processes (“Intellectual Property Rights”).
14.2. Apart from the (hyper)links to third party websites and notwithstanding third-party rights, NYMG grants its Users a non-transferrable, non-exclusive, non-sub licensable, royalty-free and revocable license intended for the personal and non-commercial use of the Website and App. User is not allowed to access the content of the Website and App for any other purpose, such as selling or distributing the content of the Website and App.
14.3. The license entails for example that Users – with regard to our Website and App and the content made available through them – will not, nor allow third parties on Users’ behalf to (i) make and distribute copies (ii) attempt to sell, distribute, copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse; or (iii) create derivative works of any kind whatsoever.
15. AVAILIBILITY OF THE WEBSITE AND APP, DISCLAIMER OF WARRANTIES
15.1. The Website and App are available on desktop computers, tablets and smartphone devices. NYMG will use reasonable efforts to make the Website and App available at all times. However, User acknowledges that the Website and App are provided over the internet and mobile networks and thus the quality and availability of the Website and App may be affected by factors outside NYMG’s reasonable control.
15.2. NYMG does not accept any responsibility whatsoever for unavailability of the Website and App, or any difficulty or inability to download or access content, or any other communication system failure which may result in the Website or App being unavailable.
15.3. NYMG will not be responsible for any support or maintenance with regard to the Website or App. NYMG may – at its own discretion – update, modify, or adapt the Website or App and their functionalities from time to time to enhance your User-experience. This may result in any downtime for which NYMG is not responsible in accordance with article 11.2.
15.4.To the maximum extent permitted by applicable law, NYMG hereby disclaims all implied warranties regarding the availability of the Website and App. The Website and App are provided “as is” and “as available” without warranty of any kind.
16.1.Nothing in these Terms shall exclude or limit NYMG’s liability when it cannot be excluded or limited under applicable law.
16.2. Third-party suppliers and private tour guides made available via Products or services on this Website or App are independent contractors and not affiliates or employees of NYMG. NYMG is not liable for the acts, errors, omissions, representations, warranties, breaches, negligence or misconduct of any such suppliers or private tour guides or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from your booking of a Product or service or your use of a product or service.
16.3. NYMG has no liability and will make no refund in the event of any delay, strike, force majeure or other causes beyond our direct control, and we have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
16.4. NYMG is not liable to you for any (direct or indirect) damage you suffer as a result of the use of the Website or App or the content provided thereon. For example, NYMG is not liable for:
a) the execution of agreements between you and third parties who’s offer of products and services is linked to or from the Website or App;
b) the unavailability (at a certain price) of products or services provided by third parties which are linked to or from the Website or App, and prevents User from buying a product or service;
c) the proper functioning of (hyper)links provided by the Website or App;
d) the situation where Users device is stolen and any third party subsequently makes use of the Website or App with Users mobile device;
e) any damage or alteration to User’s equipment including but not limited to computer equipment or a handheld device as a result of the installation or use of the Website or App;
f) a failure to meet any of NYMG’s obligations under these Terms or an agreement where such failure is due to events beyond NYMG’s reasonable control.
17.1. Users will indemnify, defend, and hold NYMG harmless from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of third party claims regarding:
a) any injury or damages resulting from behaviour of User related to the use of our Website or App; and
b) breach by User of these Terms, any agreement with NYMG or violation of any applicable law, regulation or order.
18.1. NYMG reserves the right to change these Terms. When we change these Terms, we will notify Users by newsletter (if User has provided us with his email address to this end) and post a notification on our Website along with the updated Terms. By continuing to use the App or Website, you acknowledge the most recent version of these Terms.
18.2. If we do not enforce (parts of) these Terms, this cannot be construed as consent or waiver of the right to enforce them at a later moment in time or against another User.
18.3. User cannot transfer the rights and obligations from an agreement with NYMG or these Terms to third parties.
19.1. The invalidity or unenforceability of any provision of these Terms or an agreement with NYMG shall not affect the validity or enforceability of any other provision of these Terms or agreement. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced by a provision that is considered to be valid and enforceable and which interpretation shall be as close as possible to the intent of the invalid provision.
20. APPLICABLE LAW AND JURISDICTION
20.1. These Terms shall be governed by and construed in accordance with the laws of the Netherlands.
20.2. Unless mandatory law compels differently, all disputes resulting from or arising in connection with agreements with NYMG or these Terms shall be exclusively submitted to the competent court of Amsterdam, the Netherlands, unless the dispute can be settled in an amicable fashion.
21. COMPLAINTS, COMMENTS AND SUGGESTIONS
21.1. NYMG strives to give you optimal service. If you have a complaint, comment or suggestion, you can contact us at firstname.lastname@example.org. Please provide us with your contact details, and a clear description and reason for your complaint. Complaints are usually processed within 5 days. You may also make a complaint here.
NEW YORK MEDIA GROUP B.V., trading under the name [NEWYORK.COM.AU]
1016 BG Amsterdam
Chamber of Commerce (“Kamer van Koophandel”) number: 53135733
VAT number: NL850762261B01
T: +31 20 486 4734
Model withdrawal form
Complete and return this form only if you wish to return item(s).
To New York Media Group B.V., trading under the name NewYork.com.au
1016 BG Amsterdam
I/We(*) hereby give notice that I/we(*) would like to return my/our(*) order of the following:
Ordered on(*)/Received on(*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s)
[only if this form is notified on paper]
(*) Delete where not applicable.