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Terms and Conditions

GENERAL TERMS AND CONDITIONS 

Safety is a prime concern at RIBNewYork. Rules are strictly enforced and tours will be suspended immediately if a passenger(s) do not comply.

Please review the following information so you will be prepared to have an exciting and safe ride.

Passengers must be above 4.5 feet tall. Weight limit is 250 lbs. When aboard the vessel passengers must comply with safety briefing instructions and obey all verbal commands from the captain and crew.

Tours may be hazardous to the following people:

  • Those who are pregnant.
  • Those with heart conditions.
  • Those with serious back, neck, or knee problems.
  • Those subject to motion sickness.
  • Those with other health problems that may make them more vulnerable to injury.

The following people will not be allowed to board the vessel:

  • Those under the influence of alcohol or drugs
  • Those with heart conditions.
  • Those with serious back, neck, or knee problems.
  • Those subject to motion sickness.
  • Those with other health problems that may make them more vulnerable to injury.

Rules before boarding the vessel:

  • Tie back long hair.
  • Secure loose clothing.
  • Listen to safety briefing given by crew.

 When aboard the vessel:

  • Keep hands and feet inside the vessel at all times.
  • Keep hands on the handlebar ahead of you.

RibNewYork requires all passengers to obey all written warnings and directions regarding this ride and refrain from behaving in a reckless manner, which may cause or contribute to injury to the passenger or others. Failure to comply will result in an immediate suspension of the tour, and the vessel will return to the dock. RNY is not responsible for any lost items left unsecured during tours. RNY reserves the right to take photographs of each tour and use for our website.

 OTHER TERMS AND CONDITIONS

Article 1: Definitions

In these Terms and Conditions the following definitions are used:
A. RNY: Rib New York, a trade name of HudsonRib LLC
B. Customer: the party that has entered into an agreement with RNY
C. Participant: the person that participates in the event
D. Event: service (such as riding our boats), entertainment package, activities or happening that RNY organizes for the Customer
E. Quote: Written offer (including by email) for a proposed Event
F. Partner: Third Party, not being RNY that executes (part) of the Event
G. Agreement: contractual consent between RNY and the Customer that is based on an approval by the Customer for a Quote by RNY

Article 2: Relevance
2.1. These Terms and Conditions govern all quotes and agreements that are negotiated and agreed by RNY
2.2. The Customer and Participants agree with the Terms and Conditions by entering into an Agreement or by participating in an Event organized by RNY
2.3 When RNY does not demand strict compliance with these Terms and Conditions, this does not mean that RNY loses the rights to demand full compliance to these Terms and Conditions
2.4 Other terms and conditions, for example those of the Customer, only become part of the Agreement when this is agreed in writing
2.5 If a part of this Agreement is not applicable, the other parts of this Agreement will remain in force

Article 3: Establishment of an Agreement and content of the Agreement

3.1 An Agreement with RNY is established after RNY has supplied the Customer with a Quote and the Customer has confirmed in writing or by email to express agreement with the Quote
3.2 RNY reserves the right to have different Customers participate in the same Event
3.3 RNY reserves the right to decide which boats and materials are used for the execution of an Event. Even if a particular boat has been agreed on, RNY reserves the right to replace boats in case the agreed boat is not available
3.4 De prices and reservations are valid until the expiry date as stated on the Quote. After the expiration date of the Quote prices and conditions cannot be guaranteed
3.5 Before the establishment of the Agreement, the Customer is obliged to inform RNY of all relevant personal circumstances of the participants in so far these can be of influence of the proper execution of the Event, especially but not limited to the relevant medical and/or physical information of the participants

Article 4 Power of Representation

RNY can assume that the Customer or the person representing the Customer that enters in to the Agreement is lawfully representing the participants

Article 5. Responsibilities of RNY towards the Customer

5.1 RNY will make reasonable efforts to make the Event a success for the Customer and the Participants. In case the Event is not meeting expectations, RNY is not liable for this when the cause is out of the control of RNY.
RNY is never liable in case:
A. The short coming is caused by the Customer or one of the Participants
B. The short coming could not reasonably be foreseen or is caused by a third party including the Partners
C. The short coming is caused by an Act of God

5.2 RNY is not responsible for damages, including loss of good, personal injury and indirect damages as a result of its efforts to organize the Event, with the exception of gross negligence by RNY.

5.3 RNY is not responsible for damages, including loss of good, personal injury and indirect damages as a result of the efforts of its Partners to organize the Event.

Article 6 Liability towards the Participants

6.1 All participants take part in the Event at their own risk
6.2 RNY is not responsible for Participants’ damages, including loss of good, personal injury and indirect damages as a result of its efforts to organize the Event, with the exception of gross negligence by RNY.
6.3 RNY is not responsible for Participants’ damages, including loss of good, personal injury and indirect damages as a result of the efforts of its Partners to organize the Event.
6.4 RNY cannot be held liable for the worsening of an existing injury. The Participant is obliged to inform RNY before taking part in the Event of physical disabilities or injuries. By participating in the Event the Participants agree to have informed themselves of the risks of Participation before taking part in the Event, including but not limited to risks, conditions and instructions

Article 7
De Customer will not hold RNY, its Partners and potentially called upon Assistance parties liable for their actions related to the event

Article 8. Obligations of the Participant

8.1 The Participant is obliged to follow instructions that are given by RNY or the Partners, fully and instantly

8.2 The Participant is obliged to fully disclose the relevant information regarding health and physical status before the start of the Event

8.3. The Participant needs to be able to swim

Article 9. Exclusion of Participation

9.1. RNY has the right to deny participation or terminate participation in case the Participant:
– does not follow the instructions
– behaves in such a manner that this causes danger or nuisance for the other participants and the staff
– intentionally causes damage to the property of RNY and/or the other participants
– is under the influence of alcohol or drugs

9.2 In case of an exclusion of participation for the reasons stated in Article 9.1, there will be no refund of the paid fees

Article 10 Payment

10.1 When the Customer confirms the Agreement with RNY the Customer will pay the invoice in advance of the Event, within the payment term as stated on the invoice

10.2 The invoice is assumed to be correct if the Customer has not reacted within 8 working days after the invoice date, the Customer agrees that is bound to pay the invoice amount

Article 11 Tariffs and pricing

11.1 The Quote that the customer receives is based on an agreed Event and the pricing includes all aspects that are part of the described Event

11.2 Pricing includes:
– Fees for locks, ferries and docking
– Insurance for the Participants
– Transport cost, unless otherwise specified in the Quote
– Use of protective clothing and life jackets

Article 12 Changes by the Customer
12.1 The Agreement can be changed by the Customer when this is agreed by RNY in writing
12.2 Decreasing the number of participants up to 10% of the total number of participants can be done without incurring the cost for the cancelled participant numbers up until 8 days before the Event
12.3 Decreasing the number of Participants by more than 10% is governed by Article 13
12.4 An increase of the number of participants must be communicated at least 8 days before the Event. The pricing for the additional Participants is the same as for the original Participants. RNY cannot guarantee the availability of capacity for the extra Participants
12.5 In case the Customer or the Participants arrive at a time later than the agreed time, then either the original end time will be kept as the actual end time or in case there is availability, the original end time can be delayed when the Customer agrees that the additional cost will be charged to the Customer

Article 13 Cancellations

13.1 RNY reserves the right to change or cancel an Event in case there is a risk for the Participants or Property of the Participants or RNY, RNY can not be held liable for damage caused by the decision to cancel an Event

13.2 RNY reserves the right to change or cancel an Event when circumstances force RNY to do so. These circumstances are including, but not limited to (civil) war, acts of terror, natural disasters, food shortages, general strikes or circumstances related to the activities of RNY, such as technical issues with the boat, engine, trailer or other materials or sickness of the captain or circumstances caused by third parties.

13.3 In case the Customer decides to cancel the Event, RNY can still charge for the Event, the following are the minimum amounts RNY can charge the Customer for cancellation:
– within 6 weeks before the Event: 10%
– within 4 weeks before the Event: 35%
– within 1 week before the event: 60%
– the day before the Event: 100%

13.4 The Event will still take place in case of bad weather, unless this has been agreed otherwise in writing

Article 14. Complaints

Complaints by Customers or Participants in regards to the Event organized by RNY or the invoices as issued by RNY, will need to be submitted to RNY within 8 working days. When complaints have not been received within 8 working days the Customer this means the Customer has approved of the Services and/or invoices

Article 15 Force Majeure
15.1 Force Majeure is defined as unforeseen events that cause the execution of the Agreement to be delayed or cancelled.
15.2 In case of Force Majeure RNY has the right to postpone or cancel the execution of the Agreement. In this case RNY cannot be held liable for damage caused by the postponement or cancellation of the execution of the Agreement.
15.3 When the Execution of the Agreement is cancelled, the Customer will not be charged for the agreed services.

Article 16 Disputes
16.1 All disputes will be governed by New Jersey State Law
16.2 In case of a dispute the parties will do their utmost to settle the dispute. In case this cannot be settled it will be brought to a Civil Court in Jersey City, NJ.
16.3 The stipulations in this Article are also valid in case the Customer or some of the Participants are of Foreign Nationality and Treaties would allocate a Foreign Court as the competent Court.

Article 17 Privacy
17.1 RNY respects the privacy of the Customers and the Participants and all supplied information will be treated as confidential. Personal information will not be sold to third parties and will only be supplied to Partners in so far this is necessary to Execute the Agreement.
17.2 RNY reserves the right to make photo and video recordings of the Events and use these for promotional purposes.