These terms and conditions contain legal obligations and we encourage you to read through them carefully. Unless otherwise stated, any purchases made through nycphotojourneys.com, our distributors, and our affiliates are subject to these terms and conditions.
1. Our contract
All bookings are made with NYC Photo Journeys, Inc. (“us”, “we”). By making a booking, the guest (“you”, “traveler”, “guest”, “client”) is deemed to have agreed to these terms and conditions on behalf of all individuals included in the booking. The services to be provided are those in your booking confirmation invoice. No alterations or variations to these terms and conditions are in effect unless made in writing by and under the authority of NYC Photo Journeys, Inc.
2. Pricing and payments
a) Prices and exchange rates — Prices are in USD and are correct at the time of quoting, converted at the prevailing foreign exchange rate as set by NYC Photo Journeys, Inc. The rate will float on a daily basis in line with international currency movements.
b) Price changes — The prices appearing on the website are the current rates and can change without notice. Once a guest has booked with NYC Photo Journeys, Inc, the guest will not be required to pay any difference in the event of a price increase. NYC Photo Journeys, Inc will not refund the balance of any price reduction.
c) Inclusions — Prices include all inclusions as indicated on the tour/experience description on nycphotojourneys.com.
d) Exclusions — Prices do not include:
Tips and gratuities — If you are happy with the services provided by your guide and/or photographer, a tip — though not compulsory — is appropriate. While it may not be customary to you, it is of great significance to the people who will take care of you during your tour/experience.
Items of a personal nature — These may include snacks, meals, and drinks not outlined as an inclusion in the inclusions section of the tour/experience description.
Baggage and personal insurance — It is highly recommended that each traveler obtain adequate insurance for their travels, including for the NYC Photo Journeys, Inc tour/experience they have booked.
Local taxes and fees — Unless otherwise stated, the price does not include any local taxes or fees. The full price including taxes and fees will be shown on the final checkout page when booking your tour or experience.
a) Credit cards — NYC Photo Journeys, Inc accepts the following credit cards for payment:
b) Payment due — Full payment is due before your tour/experience date. Your preferred tour/experience date will not be guaranteed until full payment is made.
3. Cancellations/no-shows and amendments to bookings
3.1 Cancellations by the guest
a) Cancellation fees – Cancellation fees may apply to any cancellations by the guest of a service provided by NYC Photo Journeys, Inc. Unless otherwise specified, the cancellation policy is as follows:
- Cancellations made at least 30 days in advance receive a 90% refund
- Cancellations made between 73 hours and 29 days out from the tour departure receive a 50% refund
- Cancellations made within 72 hours of the tour departure are non-refundable
Please keep in mind that guides block their schedules when a booking is made, turning away other tours to be available for yours. In order to effectively run our business while ensuring guides are always compensated, we do not provide 100% refunds.
Also keep in mind that all of our experiences are private, meaning that if you cancel we don’t have other guests making up that cost, which public tours are able to do.
– If you need to reschedule please email us at [email protected] and we can try to accommodate as best as we can. As long as your scheduled guide can accommodate your request, we’re happy to reschedule at no charge.
-If you are a no show (as in, you do not show up for the tour and do not contact us) you are not entitled to a refund. The guide/photographer will wait 20 minutes for you to arrive. After that time, if they have not heard from you, they are free to leave and you will be considered a no show.
-In terms of inclement weather, tours and experiences except NYC City Hall Wedding Photo Shoots can be rescheduled or will receive a full refund if a rescheduling date cannot be agreed upon. If you have booked an NYC City Hall Wedding Photo Shoot and want to reschedule because of the weather, we can try our best to accommodate you, but there are no guarantees. Refunds are not offered for NYC City Hall Wedding Photo Shoots due to inclement weather. Note that inclement weather refers to rain, hail, thunderstorms, lightning and large snow storms that shut down local transportation. It does not refer to cold temperatures and light snow.
b) Unused portions of tours – No refund is provided for any unused portion of a tour, including the entire tour in the event a guest does not commence at the designated start point of the tour.
3.2 Cancellations by NYC Photo Journeys, Inc.
We may cancel a tour at any time prior to departure if, due to terrorism, natural disasters, political instability, or other external events it is not viable for us to operate the planned itinerary. If we cancel your tour/experience, you can transfer amounts paid to an alternate departure date or, alternatively, receive a full refund. In circumstances where the cancellation is due to external events outside our reasonable control, refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses you may have incurred as a result of your booking, including but not limited to visas, vaccinations, travel insurance, or non-refundable flights.
3.3 Amendments to itineraries by NYC Photo Journeys, Inc.
While we endeavor to operate all tours/experiences as described, we reserve the right to change the tour/experience itinerary. The itinerary provided for each tour/experience is representative of the activities planned; however, the route, amenities, stops, and modes of transport may be subject to change without prior notice due to local circumstances or events. If we make a major change before departure, we will inform you as soon as reasonably possible. We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control.
4. Confirmation and vouchers
a) Confirmation — Upon receipt of full payment, NYC Photo Journeys, Inc. will issue a voucher via email for the booked tour/experience.
b) Voucher — The lead traveler/guest must present the original voucher issued by NYC Photo Journeys at the start of the tour/experience. NYC Photo Journeys, Inc. reserves the right to refuse service to any guests not able to provide their voucher to their guide at the beginning of the tour/experience.
5. Your Tour/Experience
5.1 Guest confirmation
We recommend guests contact NYC Photo Journeys, Inc. 24 hours prior to the start of their tour/experience to confirm the tour/experience.
Guests must adhere to the start time set out in the product information on their voucher. We start on time, so please allow enough time to be at the start point before your official start time on your voucher. If you know you are going to be late, please contact us via the phone number on your voucher and we’ll do our best to accommodate you. If a guest hasn’t arrived on time and without any contact, NYC Photo Journeys, Inc. will consider the guest to be a “no show” and no refund will be provided.
The guide/photographer will wait 20 minutes for you to arrive. After that time, if they have not heard from you, they are free to leave and you will be considered a no show.
Note that when you book a tour/experience, it is based on the timeframe booked. When you show up late, this does not mean the tour/experience will end later to accommodate that. Instead, we will amend the tour/experience to still fit into the original agreed-upon timeframe.
For example, if you book a Private Photo Journey for 10am-12pm, and you show up at 10:15am, the tour will still end at 12pm, and you will lose 15 minutes from your tour.
For this reason, we recommend getting to the tour/experience starting point at least 10 minutes early to ensure an on-time departure.
5.3 Your responsibility
The guest making the booking is responsible for their own and their party’s actions. If NYC Photo Journeys, Inc. deems you or your party’s actions to cause danger to other guests or our staff, to intervene with other clients’ enjoyment of the trip, or to be offensive to the local communities and cultures, NYC Photo Journeys, Inc. reserves the right to remove you from the tour/experience effective immediately. No refund will be supplied. You must at all times comply with local New York laws, customs, foreign exchange, and drug regulations.
5.4 Acceptance of risk
You acknowledge that your tour/experience may involve a degree of personal risk. It is your own responsibility to acquaint yourself with all possible relevant local travel information. You acknowledge that your decision to travel/take part in our tours/experiences is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.
Additionally, any directions issued to guests during a tour/experience are deemed to be at said person’s own risk. We cannot be held responsible for any personal accidents or incidents incurred.
5.5 Photos provided
You acknowledge that you are familiar with our style, and that our work is continually evolving and are of a unique and artistic nature, that the photos taken may be different from those taken in the past.
We recommend that upon receiving your photos, you download them as soon as possible and save them somewhere safe. While we don’t save any raw files, we do upload all final jpg images to Smugmug to be sent to you. These are saved indefinitely, but because we cannot be liable for technological issues or images disappearing, we recommend you also retain a copy. We save a backup copy of your final jpg photos to Google Drive for a minimum of 6 months.
All images are provided to you with a ‘personal use, royalty free, perpetual licence’. You are free to print your photos and make copies of your images. You may also submit them to online or print publications. We only require that you acknowledge NYC Photo Journeys as the photographer and request a credit and website link when using images in notices and media (ie. Magazines, Newspapers, Blogs, Websites, etc).
NYC Photo Journeys owns and retains full Copyright of any and all images taken. Permission is granted by you to use the images as we see fit for all Media, Marketing, and Promotion. Including but not limited to Film, Television, Online, and Print.
6. Information accuracy
The lead guest is responsible for providing accurate information during the booking process. NYC Photo Journeys, Inc. reserves the right to cancel any bookings if inaccurate information is provided, including (but not exclusive to):
- Guest name(s)
- Hotel (pick-up) details
- Email address
7. Age and health requirements
a) Age requirements — All guests under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian.
b) Health requirements — Some of our experiences require the ability to walk long distances (such as when we explore the city on foot) and take the subway, which typically involves stairs. If this is not possible due to physical health or stamina, we can adapt the itinerary for you as long as it is a private experience being booked. This may require you to incur an additional experiense, such as cabs/car services.
8. Travel insurance / Health insurance
We require travelers visiting New York to have valid and comprehensive travel insurance; or, if you’re a local New Yorker, health insurance. NYC Photo Journeys, Inc. can not be held responsible for any liability, expenses, or losses you incur as a result of being inadequately insured. We strongly recommend that at the time of booking a comprehensive travel insurance policy, or health insurance policy if you’re a local New Yorker, is purchased.
9. Passports and visas
Unless traveling domestically, travelers/guests must carry a valid passport and have obtained the appropriate visas for visiting New York. Please ensure your passport is valid for 6 months beyond the duration of the trip. It is the traveler’s/guest’s responsibility to ensure that they are in possession of the correct visas for their trip. NYC Photo Journeys, Inc. cannot accept responsibility if you are refused entry to the USA because you lack the correct visa documentation, or for any other reason.
Should you have a complaint about your NYC Photo Journeys, Inc tour/experience, we urge you to discuss this at the time with your guide. In the event you wish to complain further, please email us at [email protected] within 30 days of your tour/experience. Complaints received outside this timeframe will not be considered.
11. Photos and marketing
You consent to us using images of you taken during the tour/experience for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.
a) By using nycphotojourneys.com, NYC Photo Journeys distributors, and/or affiliates, the guest agrees to be bound by the conditions outlined in these terms and conditions.
b) By engaging with NYC Photo Journeys, Inc., the guest agrees to do so for lawful purposes only.
c) When engaging with NYC Photo Journeys, Inc., the guest agrees to do so for personal purposes and not for their own personal commercial gain and will not enter into or provide fraudulent requests or information to NYC Photo Journeys, Inc..
14. Disclaimers and limitations of liability
a) NYC Photo Journeys, Inc., NYC Photo Journeys Partners, affiliates, and distributors shall not be liable for injury, damage, loss, accident, delay, or irregularity, liability, or expense to person or property.
b) NYC Photo Journeys, Inc., NYC Photo Journeys Partners, affiliates, and distributors accept no responsibility for any sickness, acts of crime, labor disputes, government actions, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation, or for any misadventure or casualty or any other causes beyond their control.
c) NYC Photo Journeys, Inc. maintains information that is accurate to the best of our knowledge; however, does not warrant that content and information provided on nycphotojourneys.com or via any of our affiliate sites or via distributors will be without error and that functionality of the websites will be uninterrupted or without error.
d) NYC Photo Journeys, Inc. will not accept responsibility or liability for any guest who contravenes any law or regulation of any country visited.
e) This agreement is governed by the laws of New York (USA).
You agree to defend and indemnify NYC Photo Journeys, Inc., all NYC Photo Journeys Partners, our affiliates, and distributors, and any of their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees brought by third parties as a result of:
a) Your breach of this agreement or documents referenced in this agreement;
b) Your violation of any law or the rights of a third party; and/or
c) Your use of this website or any of NYC Photo Journeys affiliate websites.
In the event that any term or condition contained here is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
17. Updating of terms and conditions
NYC Photo Journeys, Inc. reserves the right to update and/or alter these terms and conditions at any time. The latest terms and conditions can always be found on the NYC Photo Journeys website (www.nycphotojourneys.com) and will supersede any previous versions.
If you have questions about these terms or anything else, please email [email protected]