New York Pass® - Terms & Conditions

New York Pass Terms & Conditions

New York Pass Terms of Use

1. Introduction

This page sets out the terms on which you may make use of our website http://www.newyorkpass.com (“our site”) whether as a visitor or as a Leisure Pass customer. By using our site you indicate that you accept these Terms and agree to abide by them. If you do not agree to these Terms please refrain from using our site.

2. Information about us

2.1 http://www.newyorkpass.com is operated by the Leisure Pass Group (“LPG”/”We”/”Us”). We are registered in England and Wales under company number 3497724 and our registered office is at PO Box 2337, London W1A 5WE, United Kingdom. Our trading address is 25 Soho Square, London, W1D 3QR, United Kingdom.

2.2 If you have any questions about our site or these Terms please email: info@leisurepassgroup.com or telephone 0845 371 4001.

3. Other Terms

These Terms are to be read in conjunction with the following additional documents: LPG’s Privacy Policy which sets out the terms upon which we process your personal data; LPG’s Cookie Policy which explains about cookies on our site; and LPG’s Purchase Terms & Conditions and End User Licence Terms which govern the terms of purchase and use of the New York Pass and the New York Pass App.

4. Accessing our site

4.1 Access to our site is permitted on a temporary basis and we reserve the right to withdraw or amend access without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

4.2 From time to time we may restrict access to some parts of our site or to the entire site to customers only.

4.3 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and that they comply with them.

4.4 We aim to update our site regularly and may change the content at any time. If the need arises we may suspend access to our site or close it indefinitely. Any of the material on our site may be out of date at any given time and we are under no obligation to update such material. We may also revise these Terms at any time. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our site.

4.5 You may only use our site for lawful purposes. You may not use it in any way that breaches any applicable local, national or international law or regulation or for any unlawful or fraudulent purpose.

4.6 Any username and password issued to you is personal to you, so that you can use and access the site and must not be disclosed to any third party without LPG's prior written consent. You are responsible for maintaining the confidentiality of your password and account information and you are responsible for all activities that occur under your password as a result of your access to the site. Please notify us immediately of any unauthorised use of your password or account.

5. Intellectual property rights

5.1 We are the owner or licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and no part of the site may be copied, adapted or published without LPG’s prior written permission.

5.2 Our status (and that of any identified contributors) as the author of material on our site must always be acknowledged.

5.3 The New York Pass is a UK registered trade mark of LPG.

6. Liability

6.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site or by anyone who may be informed of any of its content. Opinions expressed on this web site are no more than honest comment of the authors and are not the opinions of the Publishers.

6.2 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. If you believe that the content of any information is unlawful or unacceptable please notify LPG with details.

6.3 Nothing in the clause affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited by law.

7. Viruses etc

7.1 You may not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs and/or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which it is stored or any server, computer or database connected to our site. You must not attack our site via a denial or distributed denial of service attack. We will report any breach of this provision to the relevant law enforcement authorities and we will co-operate with them by disclosing your identity to them.

7.2 We will not be liable for any loss or damage caused by a denial of service attack, virus or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our site, or to the downloading of any material posted on it or on any website linked to it.

8. Linking to or from our site

8.1 You may link to our home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

8.2 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page without written consent. We reserve the right to withdraw linking permission without notice.

8.3 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

9. Jurisdiction and law

The English Courts will have exclusive jurisdiction over any claim arising from or related to our site or these Terms and any dispute or claim arising out or in connection with them shall be governed by and construed in accordance with English Law.

New York Pass Terms of Purchase

1. Introduction

1.1 Leisure Pass Group Limited (“LPG”/”We”/Us”/”Our”) is registered in England under company number 3497724 and our registered office is at PO Box 2337, London W1A 5WE, United Kingdom. Our trading address is 25 Soho Square, London W1D 3QR

1.2 The New York Pass is the pre-paid card purchased via our website http://www.newyorkpass.com The Mobile Pass is an electronic virtual pass which runs on the New York Pass App (“the App”) and which is purchased via the App or our website. The App can be downloaded from the Google PlayStore or the Apple App Store. The New York Pass and the Mobile Pass are together referred to in these Terms as “the Pass”.

2. Contract

2.1 These terms and conditions (“Terms”) and the completed online application form constitute the contract with you for the purchase and use of the Pass and are deemed to have been accepted by you by your agreement to purchase the Pass.

2.2 Your New York Pass will be dispatched to you following receipt of your payment. Your Mobile Pass is available for use as soon as your payment has been credited. The Pass is valid for a period of 24 months from the date of purchase. You can ascertain the outstanding value remaining on your New York Pass or Mobile Pass by having it swiped at any attraction that you visit or by calling LPG on 1 (877) 714-1999.

2.3 LPG acts as principal on its own account and not as agent for you or for any Attraction or Special Offer provider.

3. Cancellation Rights

3.1 You have the right to cancel your order for the Pass within 30 days of completing your online or in App order. This does not affect your statutory rights.

3.2 To cancel, you must contact LPG by email (info@newyorkpass.com) within 30 days of ordering online and, if already in receipt, return within that 30 day period The New York Pass to Leisure Pass Returns, PO BOX 25, Melton Mowbray, Leicestershire, LE13 1ZG, United Kingdom. You are responsible for the cost of returning The New York Pass. If you have not received your New York Pass or are using a Mobile New York Pass, these will be cancelled without you needing to return anything to us. LPG will reimburse you as soon as reasonably practicable after its receipt of the returned items.

3.3 Alternatively you can inform us of your wish to cancel by using this model cancellation form, which must also be sent within the 30 day period:

To: Leisure Pass Returns, PO BOX 25, Melton Mowbray, Leicestershire, LE13 1ZG, UK.

I hereby give you notice that I withdraw from my contract for the following:
[insert details of the New York Pass or the App and order ID number]
Ordered on: [insert date]
Name of Customer:
Address of Customer:
Email address of Customer (optional):
Date:

3.4 You do not have the right to cancel your order for the Pass within the 30 Day Money Back Guarantee if you have activated the New York Pass or started using your Mobile Pass.

4. Conditions of Use

4.1 The Pass entitles the holder to admission to listed attractions and services in New York (“Attractions”) upon presentation without further payment, together with other offers and discounts where appropriate (“Special Offers” and/or “Pass Holder Offers”). Admission to Attractions is subject to the Pass being valid and to there being sufficient value remaining. All Attractions are required to accept admission without further payment, subject to their normal admission criteria.

4.2 The New York Pass remains the property of LPG and may only be used by the purchaser for personal, non-commercial use. It is non-transferable and no replacements or refunds can be offered for lost or stolen cards.

4.3 The Pass cannot be used for return visits to any Attraction.

5. Exclusions and Disclaimers

5.1 Whilst LPG will make reasonable endeavours to maintain the consistency of the product line-up, participating Attractions and Special Offer and/or Pass Holder Offer providers may be withdrawn at any time, and replaced with Attractions or offers of an equivalent value. LPG will not be responsible for any loss, damage, expense or inconvenience connected with changes in the product line-up.

5.2 Opening times at Attractions will fluctuate from time to time and you are recommended to check with the Attraction concerned prior to visiting it to ascertain the current position. Similarly, entry prices detailed in the Information are correct at time of going to press but may be subject to change at any time.

5.3 LPG has taken all reasonable care to ensure that only properly run and reputable Attractions and Special Offer and/or Pass Holder Offer providers of good standing are within The Pass, however LPG shall not be liable for any deficiencies of service, quality or health and safety issues at any particular Attraction or Special Offer and/or Pass Holder Offer as those are matters exclusively within the control of the Attractions or the offer concerned. You visit any Attraction or participate in any offer voluntarily and at your own risk.

5.4 LPG shall not be responsible if any Attraction refuses admission or if any Special Offer and/or Pass Holder Offers are not granted in accordance with the terms of the Pass. Any complaints or claims for redress must be made directly to the Attraction or offer concerned.

6. Liability

6.1 We are responsible to you for foreseeable loss and damage that may be caused by us (not by any third party), where we are in breach of these Terms or we fail to use reasonable skill and care.

6.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or that of our employees or agents, or for fraud or fraudulent misrepresentation.

6.3 LPG will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control, including without limitation Internet or communications outages, fire, flood, terrorism, war or act of God.

6.4 Nothing in these Terms shall exclude or limit any statutory or common law rights that you enjoy as a consumer.

7. General

7.1 If LPG does not enforce any provision of these Terms this will not be considered a waiver of any provision or right. If we delay in enforcing these Terms we can still enforce them later.

7.2 These Terms are subject to the laws of England whose courts shall have exclusive jurisdiction in the event of any dispute of claim.

7.3 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. You are not permitted to transfer, sub license or deal in the Pass without LPG's prior written permission.

7.4 These Terms do not create any right of enforcement under the Contracts (Rights of Third Parties) Act 1999

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