TERMS OF SERVICE

Agreement between user and www.newyorkhelicopter.com Welcome to www.newyorkhelicopter.com, our website is comprised of various web pages operated by New York Helicopter Tours LLC. www.newyorkhelicopter.com is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein the “terms.” Your use of www.newyorkhelicopter.com constitutes your agreement

www.newyorkhelicopter.com is an information and reservation website, our website is used to provide information of our helicopter tours and charters and to sale said helicopter tours and charters.

Privacy
Your use of www.newyorkhelicopter.com is subject to New York Helicopter Tours LLC’s privacy policy. Please review our privacy policy, which also governs the site and informs users of our data collection practices.

Electronic Communications
Visiting www.newyorkhelicopter.com or sending emails to New York Helicopter Tours LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via email and on the site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen
New York Helicopter Tours LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.newyorkhelicopter.com only with permission of a parent or guardian.

Cancellation/Refund Policy
A. ALL TOURS ARE NONREFUNDABLE.
New York Helicopter has the right to cancel, change or delay any flight any time for any reason, which includes weather conditions, Temporary Flight Restrictions implemented by the FAA, minimum number of passengers not met for tour, helicopter maintenance and all other circumstances outside of our control. Reservations canceled by New York Helicopter will be issued a voucher that is good for 1 year from the original booking date.

B. New York Helicopter Tours requires 48-hours in advance to reschedule a helicopter tour reservation. Tours rescheduled within the 48-hours of a scheduled flight time will be charged a $100.00 per person rescheduling fee. Reservations booked within the 48-hours of scheduled tour time waive their right to a rescheduling accommodation.

C. Any passenger failing to check in and board their flight will be considered a no-show and will forfeit their flight and be assessed a 100% cancellation fee.

D. Gift Certificates are valid for one year from the date of purchase and are not refundable.

E. Reservations are required and passengers are responsible to provide accurate contact information on their reservation. New York Helicopter will use this information to advise passengers of any changes. New York Helicopter will not be held liable for inaccurate information provided which causes a disturbance of the scheduled tour.

F. Helicopter seats 6 passengers and 1 pilot. All tours are shared with other passengers and require a minimum of 5 passengers for the tour to operate (see cancellation policy) which may result in a time or day change by New York Helicopter. All 6 seats must be purchased for a private tour. To ensure availability for a specific time or date, please contact us at 212-480- 8300.

G. Seating goes according to weight and balance. Weight maximum is 250 pounds per person. Passengers are weighed at our facility and passengers weighing over the weight limit are required to purchase an additional seat or will forfeit their flight.

H. If you are purchasing a ticket as a gift, you must email a scanned copy of your ID and credit or debit card used to make booking, separate from this booking form, to info@newyorkhelicopter.com. Failure to do so may result in a cancellation of booking and 100% cancellation fee.

Links to Third Party Sites/Third Party Services
www.newyorkhelicopter.com may contain links to other websites. The linked sites are not under the control of New York Helicopter Tours LLC and New York Helicopter Tours LLC is not responsible for the contents of any linked site including without limitation any link contained in a linked site or any changes or updates to a linked site. New York Helicopter Tours LLC is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by New York Helicopter Tours LLC of the site or any association with its operators.

Certain services made available via www.newyorkhelicopter.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.newyorkhelicopter.com domain, you hereby acknowledge and consent that New York Helicopter Tours LLC may share such information and data with any third party with whom New York Helicopter Tours LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.newyorkhelicopter.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.newyorkhelicopter.com strictly in accordance with these terms of use. As a condition of your use of the site, you warrant to New York Helicopter Tours LLC that you will not use the site for any purpose that is unlawful or prohibited by these terms. You many not use the site in any manner which could damage, disable, overburden or impair the site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means that have not been intentionally made available or provided through the site.

All content included as part of the service, such as text, graphics, logos, images as well as the compilation thereof and any software used on the site is the property of New York Helicopter LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices; legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works or in any way exploit any of the content in whole or part found on the site. New York Helicopter Tours LLC content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content solely for your personal use and will make no other use of the content without the express written permission of New York Helicopter Tours LLC and the copyright owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licenses, express or implied to the intellectual property of New York Helicopter Tours LLC or our licensors except as expressly authorized by these terms.

International Users
The service is controlled, operated and administered by New York Helicopter Tours LLC from our offices within the USA. If you access the service from a location outside the USA, you are responsible for the compliance with all local laws. You agree that you will not use the New York Helicopter Tours LLC content through www.newyorkhelicopter.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless New York Helicopter Tours LLC, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the site or services, any using postings made by you, your violation of any of the terms of use or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. New York Helicopter Tours LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with New York Helicopter Tours LLC in asserting any available defenses.

Liability Disclaimer
The information, software, products and services included in or available through this site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. New York Helicopter Tours LLC and/or its suppliers may make improvements and/or changes in the site at any time.

New York Helicopter Tours LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law all such information, software, products, services and related graphics are provided “as is” without warranty or conditions of any kind. New York Helicopter Tours LLC and/or its suppliers hereby disclaim all warranties and conditions regarding this information, software, products, services and related graphics including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall New York Helicopter Tours LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including without limitation damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the site with the delay or inability to use the site or related services, the provision of or failure to provide services or for any information, software, products, services and related graphics obtained through the site or otherwise arising out of the use of the site whether based on contract, tort, negligence, strict liability or otherwise, even if New York Helicopter Tours LLC or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Termination/Access Restriction
 New York Helicopter Tours LLC reserves the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the state of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the site. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms including without limitation this section.
You agree that no joint venture, partnership, employment or agency relationship exists between you and New York Helicopter Tours LLC as a result of this agreement or use of the site. New York Helicopter Tours LLC’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of New York Helicopter Tours LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use if the site or information provided to or gathered by New York Helicopter Tours LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law included but not limited to the warranty disclaimers and liability limitations set forth above then the invalid or enforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and New York Helicopter Tours LLC with respect to the site and it supersedes all prior or contemporaneous communications and proposals weather electronic, oral or written between the user and New York Helicopter Tours LLC with respect to the site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
New York Helicopter Tours LLC reserves the right in its sole discretion to change the terms under which www.newyorkhelicopter.com is offered. The most current version of the terms will supersede all previous versions. New York Helicopter LLC encourage you to periodically review the terms to stay informed of our updates.

Contact Us
New York Helicopter Tours LLC welcomes your questions or comments regards the terms of use:
New York Helicopter Tours LLC
78 John Miller way Kearny, NJ 07032
 Email address: info@newyorkhelicopter.com
Telephone number: 212-480-8300

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