TERMS AND CONDITIONS OF USE RELATING TO BIG BUS TOURS
TERMS SPECIFIC TO OTHER JURISDICTIONS
1. TERMS OF SALE
The Services provided by Big Bus include the provision of sightseeing tours by passenger-carrying vehicles, contracted passenger-carrying riverboats and guided tours on foot.
If you purchase tickets on the Platforms, you will have your tickets delivered to you by way of E-ticket or SMS if you have selected to receive your ticket via SMS, which will contain a QR code for scanning. You will need to print the E-ticket and bring the printed copy with you to present to a member of Big Bus staff at your preferred boarding point. Please note that Big Bus does not offer physical tickets via the Platforms.
1.2 E-TICKET REDEMPTION
If you have an E-ticket, you must bring the printed E-ticket, or show the SMS link with E-ticket visible from your phone, along with the credit card used to make the purchase as proof of ID. You should present your E-ticket to a Big Bus uniformed member of staff, at the preferred boarding point. The member of staff will exchange the E-ticket for a valid ticket to travel.
Big Bus reserves the right to refuse any E-tickets presented without the credit card used to make the purchase.
1.3 TICKETS TO TRAVEL
You should keep your ticket safe as replacements will not be issued. You must show or purchase your ticket as you board. The ticket remains the property of Big Bus and must be produced for inspection and, if requested to do so, be surrendered upon demand to an authorised Big Bus official. You will not be permitted to use any Big Bus Service without a valid ticket for the entire journey that you wish to make.
1.4 TICKET VALIDITY
The ticket entitles you to use the purchased services during operational hours on the date (and/or) time stated on the ticket, commencing from the time you first board the service (or, in the case of a Night Tour, the Night Service only). When the ticket expires, you must either leave the service at the next available opportunity or purchase another ticket. Tickets do not guarantee travel on a specific service or at a specific time. If you purchase a ticket that includes multiple days, you must travel on consecutive days. We’ll always do what we can to accommodate any requests to change your chosen tour date and time where applicable. Changes to bookings are at the discretion of Big Bus Tours Ltd. All requests must be made in writing no later than 72 hours prior to departure with a member of the live chat team (accessible via the chat icon on the lower right of the screen on www.bigbustours.com or via the free Big Bus Tours app). Tickets purchased directly from Big Bus Tours are valid for six (6) months from the date of purchase. If you wish to amend your booked tour date (and/or time) please note that there may be occasions where you will be asked to pay a supplement (for example, if multiple changes have already been made to your booking, or if the date/time you wish to change to is more expensive). Refunds are not applicable where ticket prices have decreased due to promotions, or where the date/time selected is cheaper.
1.5 LOST TICKETS; TICKETS ARE NOT TRANSFERABLE
You must keep your ticket safe. If you lose your ticket, you lose your ride. If you are found travelling without a valid ticket or with an expired ticket, you will be charged the full ticket price for a replacement ticket, or asked to leave the tour at the next stop. Tickets may not be resold or passed onto anyone else. A ticket which has been altered, mutilated, or improperly issued shall not be valid.
Child tickets are available at a reduced fare for children aged between 3–12 years. Children aged 2 years and under may travel free of charge as long as they do not occupy a seat to the exclusion of a fare-paying passenger. All passengers under 15 must be accompanied by an adult at all times.
1.7 DEPARTURE POINTS AND TIMES
Big Bus endeavors to provide departure points and times for the service, which are as accurate as possible. However, Big Bus reserves the right to vary such departure points and times without notice, as circumstances require.
1.8 TOUR ROUTE
Big Bus reserves the right to deviate from the route of a service in the event of marches, parades or where reasonably prudent to do so in the light of circumstances beyond Big Bus’s control.
1.9 BUSES AND BUS SAFETY
While Big Bus endeavours to operate its famous open-top double-decker buses, it reserves the right to operate closed-top double-decker buses from time to time, especially in heat or bad weather.
During busy times, seating cannot be guaranteed on either deck.
Big Bus reserves the right to refuse access to travel on a particular departure should circumstances be deemed to compromise tour safety.
For safety reasons, all customers on the upper deck of a bus are required to remain seated while the bus is in motion.
Sightseeing tours by riverboat are provided by local providers. These terms and conditions shall apply whilst you are travelling on a riverboat tour which is covered by any ticket issued by Big Bus.
1.11 PRICING AND PROMOTIONAL OFFERS
Prices relating to the Services can be found on the relevant pricing page of the Platforms. All prices are inclusive of applicable local taxes. Big Bus reserves the right to alter the prices of any Services immediately and without notice.
Big Bus may from time to time offer discounts or promotional offers, with or without a discount or promotional code. Discounts with codes are usually only valid for one transaction and, once the code is used, it will be deactivated and will no longer be valid. Big Bus does not bear any responsibility or liability for discounts or promotional offers published on external websites and reserves the right to withdraw any discounts and promotional offers at any time without notice.
In the event that Big Bus is unable to provide a Service throughout the period of the validity of your ticket through circumstances within its control, you shall be entitled to a full or partial refund of the price of your ticket. Any application for a refund must be made in writing to [email protected]. Please scan and attach your ticket to your email. However, Big Bus shall not be in breach of these terms and conditions, nor shall it be liable, for delay in performing, or failure to perform, any of the Services if such delay or failure results from events, circumstances or causes beyond its reasonable control.
1.13 ACCIDENT OR LOSS
Please take care of all personal property at all times while traveling. Big Bus will not be liable for any loss, damage, delay, inconvenience, direct or consequential loss,however caused, unless due to negligence by Big Bus, in which case its liability is limited (except for death or personal injury) for damages to a maximum of the refund of the ticket price. Big Bus does not have a Lost and Found policy or office. Any items of personal property left behind will be disposed of without further liability on our part.
The consumption of alcohol is prohibited on the Services at all times.
1.15 TICKET AGENTS
Where a ticket is purchased from one of Big Bus’s ticket agents, any query regarding the ticket purchase or refund request must be referred to the ticket agent who sold the ticket.
You hereby acknowledge that Big Bus may take photographs on-board any of the Services and you consent, for the purposes of the Data Protection Act 1998 and any other relevant legislation, law or regulation, to any such photographs which include images of you being used in Big Bus’s marketing and promotional materials, including on the Platforms. Big Bus will endeavour not to use photographs in which a single individual is present and prominently featured without obtaining that individual’s consent. Any images contained on the Platforms are for illustrative purposes only.
1.17 CUSTOMER CONDUCT; GENERAL CONDITIONS
Big Bus may at its discretion require any person to alight from a Service if it deems his/her conduct offensive or a nuisance to other passengers, or if behaving in such a way as to constitute a risk to his/her safety or to the safety of other passengers, and Big Bus shall have no further liability in this regard. With the exception of service animals, as provided below, no animals or pets are allowed on board of the Big Bus’s buses. Big Bus has obtained all applicable permits legally required to operate in each city in which it operates its bus tours. These Terms of Sales shall be governed by the laws of the applicable State in which Big Bus operates.
1.18 ADA ACCOMMODATIONS & ACCESSIBILITY
Equivalent services are available for passengers requiring ADA (Americans with Disabilities Act) accommodation or accessibility. Our office must be informed 48 hours in advance with details regarding the accommodations, requirements and number of passengers in the party. Please call 1 (855) 854-8687 to make arrangements. Arrangements must be made with company representatives during regular business hours.
1.19 NO DISCRIMINATION
Big Bus will not refuse to provide transportation based upon race, color, national origin, religion, or sex.
1.20 SERVICE ANIMALS
Big Bus will accept, without charge, a service animal required to assist a person with a disability. To the reasonable extent possible, Big Bus will assign a seat to the person that provides sufficient space for the person and the service animal. The service animal will not be permitted to occupy a passenger seat. To the extent permitted or required by law, and at their sole discretion, Big Bus reserves the right to refuse any service animal on board its buses when reasonably necessary, for the comfort or safety of other passengers and Big Bus employees.
If you have any feedback on the Services or the Platforms, please email: [email protected].
2.1 CHANGES TO THE PLATFORMS
Big Bus reserves the right, at its discretion, to change, modify, add to, or remove portions of these terms and conditions at any time and to restrict access to any areas of the Platforms at any time, without notice or liability. Big Bus suggests that you check these terms and conditions periodically for changes. If you use the Platforms after changes are posted to this section, you accept the changed terms and conditions.
By using any of the Platforms, you acknowledge and agree that the use of the Platforms is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall Big Bus be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use, any of the Platforms or any material linked to any of the Platforms (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if Big Bus has been advised of the possibility of such damage. In addition, no liability can be accepted by Big Bus in respect of any changes made to the content of any of the Platforms by unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law.
Any software which is downloadable from any of the Platforms is downloaded at your own risk.
Nothing in these terms and conditions affects your statutory rights. Nothing in these terms and conditions excludes Big Bus’s liability for:
- death or personal injury arising from Big Bus’s negligence;
- fraud or fraudulent misrepresentation; or
- any other loss or damage which cannot be excluded or limited under applicable law.
2.3 PLATFORM AVAILABILITY
To the extent permitted by applicable law, Big Bus does not warrant that any of the Platforms will be available at any time or that your access to any of the Platforms will be uninterrupted, timely, error free or free from viruses or other harmful components. If any of the Platforms are unavailable, please report this by e-mailing [email protected] and Big Bus will attempt to correct the fault as soon as Big Bus reasonably can. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this website and for ensuring that you have adequate anti-virus protection installed on the equipment used to access this website.
2.4 INTELLECTUAL PROPERTY
Unless otherwise stated, all intellectual property in the Platforms and all rights in any information which appears in any of the Platforms (including the screen displays, the content, the text, graphics and look and feel of any of the Platforms) belongs to Big Bus or its licensors. All trademarks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders' rights. Big Bus does not warrant that the Platforms do not infringe any intellectual property rights of third parties.
Your use of any intellectual property displayed on or relating to the Platforms, except as provided in these terms and conditions, is strictly prohibited. Big Bus will aggressively enforce its intellectual property rights to the fullest extent of the law. Nothing relating to the Platforms should be construed as granting any licence or right in or to any trademarks, service marks or trade dress of Big Bus or any other intellectual property owned by any member of Big Bus group.
You may print off one copy, and may download extracts, of any page(s) from the Platforms for your personal use and you may draw the attention of others to content posted on the Platforms.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Big Bus’s status (and that of any identified contributors) as the authors of content on the Platforms must always be acknowledged.
You must not use any part of the content on the Platforms for commercial purposes without obtaining a licence to do so from Big Bus or its licensors.
2.5 THIRD PARTY SITES
Big Bus is not responsible for the content of any other sites that are linked to or from any of the Platforms and Big Bus excludes all warranties and all liability for any loss or damage you incur as a result of your use of such sites.
2.6 LINKING CONDITIONS FOR SITES
You may not link to any applicable Platform unless you have obtained the prior written consent of Big Bus. If you have obtained consent, you must comply with the following conditions:
- you must only link to the homepage of this website (http://www.bigbustours.com/). Linking to other content within the relevant Platform is prohibited without Big Bus’s express written permission;
- the text of the link must read either "Big Bus Tours" or “www.BigBusTours.com”. You may not use any Big Bus logo or graphic as part of the link without Big Bus’s prior written consent;
- the link and surrounding content on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and Big Bus; (b) portray Big Bus, or its products or services, in a false, misleading, derogatory or otherwise offensive manner, or in a way which damages or is likely to damage the reputation of Big Bus; or (c) alter the layout, content, look or feel of the relevant Platform; and
- you must not establish a link to a Platform where such link is not owned by you.
Big Bus assumes no responsibility for the content of websites linked on the Platforms. Such links should not be interpreted as an endorsement by Big Bus of those linked websites. Big Bus will not be liable for any loss or damage that may arise from your use of them.
2.7 ACCEPTABLE USE
You must not use any of the Platforms for any unlawful, improper or illegal purpose or activity. Furthermore, you must not use any of the Platforms in a way which causes or may cause:
- damage to the reputation of Big Bus;
- any of the Platforms, or the services offered through any of the Platforms, to be interrupted, damaged or impaired;
- a virus or malicious code to be introduced into any part of any Platform;
- offence or detriment to any other person who uses any of the Platforms;
- Big Bus, you or any other user of any of the Platforms to be in breach of any applicable law or regulation; or
- detriment to any person who supplies services to Big Bus in connection with any of the Platforms.
You are prohibited from:
- modifying, translating, decomposing, decompiling, reverse engineering, disassembling or otherwise attempting to gain access to the source code of all or any part of any Platform;
- creating derivative works from any part of any Platform; or
- copying any part of any Platform (including any related documentation) or making commercial use of, leasing, charging, selling, publishing, sub-licensing, distributing, assigning or otherwise transferring any part of any Platform.
2.8 UPLOADING CONTENT
Whenever you make use of a feature that allows you to upload content to the Platforms, or to make contact with other users of the Platforms, you must comply with the content standards set out above in the “Acceptable Use” section.
You warrant that any such contribution does comply with those standards, and you will be liable to Big Bus for any breach of that warranty. This means you will be responsible for any loss or damage Big Bus suffers as a result of your breach of warranty.
Any content you upload to the Platforms will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant Big Bus a limited licence to use, store and copy that content and to distribute and make it available to third parties. As such, you grant to Big Bus a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of and display your content in connection with the Services across different media, including the Platforms.
Big Bus also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to this website constitutes a violation of their intellectual property rights, or of their right to privacy.
Big Bus will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Platforms.
Big Bus has the right to remove any posting you make on the Platforms if, in its opinion, your post does not comply with the content standards set out above in the “Acceptable Use” section.
The views expressed by other users on the Platforms do not represent Big Bus’s views or values.
You are solely responsible for securing and backing up your content.
If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties' intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.
2.10 PRIORITY OF LAWS
In the event that any part of these terms and conditions at any time conflicts with the laws of a jurisdiction in which you use the Services or the Platforms, the laws of that jurisdiction shall prevail but only to the extent of such conflict.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
2.12 GOVERNING LAW
These terms and conditions are governed by the laws of England and Wales and you agree that the English courts shall have exclusive jurisdiction in any dispute.
3. TERMS RELATING TO THE APP
The following additional terms apply to your use of the App. The App is a free to download resource for customers of Big Bus. It has been developed to help you get the most from your hop-on, hop-off sightseeing experience.
3.1 INFORMATION ACCURACY
Big Bus Tours endeavours to ensure that the information contained within the App is accurate at the time of download, but accuracy cannot be guaranteed. If using an interactive map that was downloaded on a previous day, please click on the ‘Update’ tab to ensure you have the latest version available. You are solely responsible for installing updates to the App when such updates are made available to you by Big Bus. You acknowledge that your use of the App may be adversely affected if you fail to update the App when prompted and Big Bus accepts no liability whatsoever in the event you fail to do so.
3.2 TIMINGS AND PRICES
Times and prices listed within the App are provided as a guide only. Big Bus cannot be held responsible for changes to the opening times or prices of third party visitor attractions. Big Bus reserves the right to vary tour times without notice, as circumstances require.
3.3 ROUTE CHANGES
Big Bus reserves the right to deviate from the routes and stops indicated within the App when it is reasonably prudent to do so.
To access the Big Bus buses, you must be in possession of a valid ticket. Possession of the App does not constitute a ticket or provide access to the tour.
For safety reasons, customers are required to remain seated on the upper deck while the bus is in motion. Whether on or off a bus or riverboat, please only consult the App only when it is safe to do so.
3.6 REFUNDS AND LIABILITIES
The App has been developed as a customer aid and is provided in good faith. The details included within the App cannot be guaranteed. Big Bus will not be held liable for any problem that arises because of inaccurate information contained within the App. If in any doubt about the information contained within the App, please consult a member of Big Bus staff for clarification.
3.7 DATA DOWNLOADS
Each interactive map requires a data download of approximately 10mb (but each download may be a greater or lesser amount of data). To minimize data costs, it is recommended to download the interactive maps when a wireless connection is accessible. Once the interactive map is downloaded, no further data exchange is required unless you choose to access the Google/Apple map function. You are responsible for the payment of any charges incurred as a result of your use of any App, including charges imposed by your mobile service provider (including any data charges).
If you have any feedback on the App, please email: [email protected].
Copyright © 2011 Gowalla (http://gowalla.com/)
Licenced under the MIT Licence.
Copyright © 2010-2011 Sam Soffes
Licenced under the MIT Licence.
Copyright © 2011, Tony Million. All rights reserved.
Licenced under the Simplified BSD Licence
Unless required by applicable law or agreed to in writing, software distributed under the Simplified BSD Licence is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the Simplified BSD Licence for the specific language governing permissions and limitations under the Simplified BSD License.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
SIMPLIFIED BSD LICENSE
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
4. UNITED STATES - SPECIFIC TERMS
If you purchased tickets on the Platforms to use the Services in the territory of the United States of America the following provisions shall apply:
4.1 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORMS ARE PROVIDED BY BIG BUS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BIG BUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORMS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIG BUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIG BUS DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORMS, BIG BUS'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BIG BUS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIG BUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Section 2.12 above shall not apply. Any dispute or claim relating in any way to your use of any Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
4.3 APPLICABLE LAW
Section 2.12 above shall not apply. By using any Big Bus’s Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and Big Bus.
4.4 COVID ACKNOWLEDGMENT:
By using the services and platforms, you affirmatively acknowledge and agree you understand and voluntarily accept the risks associated with the services and platforms, including without limitation, the risk of any infection of covid-19 (coronavirus), which is a highly communicable virus that can cause severe illness and sometimes death in those who contract it.
Big bus strictly prohibits any person from using the services who (1) has tested positive for covid-19 within the 14 days preceding the use of services, (2) has been advised by a healthcare provider to self-isolate as a result a positive (or presumed positive) covid-19 diagnosis or exposure to a person with a positive (or presumed positive) covid-19 diagnosis, or (3) is exhibiting any symptoms of covid-19 (which can include fever, cough, shortness of breath or difficult breathing, chills, repeated shaking, muscle pain, headache, sore throat, new loss of taste or smell). By using the services, you expressly agree you have not tested positive for covid-19 during the 14 days prior to your use of the services, have not been advised by a healthcare provider to self-isolate, and are not exhibiting any symptoms of covid-19.
By using the services, you hereby assume the risk, on behalf of yourself and any others over which you have authority (including any minor children or other dependents), of any and all losses and damages, including but not limited to injury or illness for you or those for which you have authority (including any minor children or other dependents), or those with whom you come into contact. On your own behalf and on behalf of anyone who may have rights through you, you hereby release, waive and forever discharge, big bus, its officers, employees, contractors, agents and assigns of and from any and all claims and liabilities, including but not limited to negligence claims, that may arise from your use of the services. You will not sue or bring any such claims, on your own behalf or on behalf of any other person, in connection with any death, injury, accident, illness or other damages or losses suffered by you or anyone who may obtain legal rights in connection with you.
By using the services, you expressly and knowingly waive all rights under California civil code section 1542, which provides: “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Thank you for using our Services and Platforms.
© Big Bus Tours Limited 2017. All rights reserved.
Last Updated: April 2017