Terms and policies

Below are the terms and policies relating to what we do here at ExperienceFirst. If you ever have any questions, feel free to reach us directly at info@exp1.com.

Cancellation and rescheduling policy

We offer a 100% refund up to 24 hours prior to your tour start time for our public tours unless otherwise stated as an exception due to the nature of the attraction (such as our Catacombs tour).

We also offer rescheduling to another date the tour is running at no extra cost for our public tours. Please keep in mind there are no refunds available if you have already rescheduled your tour.

There are no refunds for no-shows or cancellations within 24 hours before the start of your tour or activity.

Safe Space Policy

This Safe Space Policy helps us make sure ExperienceFirst is an inviting and inclusive environment for all who participate in our tours. We encourage everyone — staff and guests — to be proactive in creating an environment where the safety of others is protected. Abuse, harassment, sexual assault, and discrimination is not tolerated.

Anyone participating in one of our tours and/or communicating with our customer service personnel is asked to be aware of their language and behavior and avoid harmful behavior. We define “harmful behavior” as any action that demeans, marginalizes, rejects, threatens, or harms anyone on the basis of ability, age, cultural background, ethnicity, gender, physical appearance, race, religion, self-expression, or sexual orientation.

We ask everyone, whether on our tours or communicating with the company, to abide by the following guidelines:

• Respect peoples’ opinions, beliefs, experiences, and differing points of view.
• Respect everyone’s identity and background (and don’t assume anyone’s background, status or identity).
• Communicate in a respectful manner with all staff, personnel and fellow guests.
• Be responsible for your own actions and be aware that your actions have an effect on others, despite what your intentions may be.
• Be willing to listen and change your behavior if someone tells you that your actions are making them uncomfortable.

All staff are empowered to enforce these rules. If anyone on the tour and/or in communication with the company can’t abide by the guidelines above, we reserve the right to ask them to leave and/or disengage with them online.

All participants are required to abide by these rules. Anyone attending the tour and/or in communication with the company unable to follow the guidelines above, will be asked to leave the tour and/or conversation without refund. Anyone engaging in behavior deemed abusive or dangerous will be reported to the appropriate authorities.

Discount code terms of use

Code: EXPWELCOME10

Enter this code at checkout or quote it when contacting our customer service team and receive 10% off any ExperienceFirst tour.

• Discount codes are issued by ExperienceFirst and can only be used for an ExperienceFirst tour.
• Discount codes are not transferable and cannot be exchanged for cash.
• Only one discount code can be used per customer transaction.
• Each discount code is limited to one use per customer.
• If an order fails or is canceled for any reason, the discount code won’t work anymore. If that happens, please contact our customer service team at info@exp1.com for a replacement voucher code.
• There is no minimum spend attached to this discount code.
• The discount code is redeemable in all currencies.
• The discount code does not have an expiration date.

Succession giveaway terms and conditions

1. Eligibility

The ExperienceFirst Giveaway (“Giveaway”) is open to individuals who are legal residents of the United States of America and are at least 18 years old at the time of entry. Employees, officers, directors of ExperienceFirst, and their immediate family members, agencies, contractors, or freelancers working for ExperienceFirst are not eligible to enter. The Giveaway is subject to all applicable laws and regulations and is void where prohibited. No purchase necessary to win. The chances of an entrant winning do not increase with any purchase. Winners will not be required to pay any consideration of any kind to enter the competition.

2. Giveaway Period

The Giveaway begins on 18 September 2023 at 8 a.m. EDT and ends on 18 October 2023 at 11:59 p.m. EDT (“Giveaway Period”). All entries must be received within the Giveaway Period to be eligible.

3. How to enter

To enter the Giveaway, entrants must fill out the official entry form available on the ExperienceFirst giveaway page. Each entrant may submit only one entry. Entries must include accurate and complete information. Incomplete, illegible, or fraudulent entries will be disqualified. By applying, entrants specifically agree to all of these terms and conditions. ExperienceFirst reserves the right to refuse, withdraw, or disqualify entries in its sole and absolute discretion.

4. Prizes

Grand Prize (1 winner): A gift voucher for a helicopter ride experience for two (2) people with Manhattan Helicopters (valued at $558 USD). The winner is responsible for booking the helicopter ride directly with the chosen service provider as well as completing any required paperwork, waivers, forms, and/or providing any other information which may be required by Manhattan Helicopters. The date, time, and details of the helicopter ride will be subject to the terms and availability of the service provider Manhattan Helicopters. The prize is nontransferable and non-exchangeable for alternative prizes or cash value. Additional terms and conditions of Manhattan Helicopters also apply. In addition, you may be required to complete additional documentation and waivers in order to access the gift voucher. 

Second Prize (1 winner): A dinner voucher for two (2) people for use at Al Coro restaurant (valued at $500 USD). Any expenses exceeding the voucher value will be the responsibility of the winner. The winner is responsible for booking the dinner directly with the chosen service provider. The prize is nontransferable and non-exchangeable for alternative prizes or cash value.

Third Prize (1 winner): A private ExperienceFirst Unofficial Succession Tour for two (2) people, subject to availability and location options provided by ExperienceFirst (valued at $350 USD). The tour details will be arranged in consultation with the winner. The prizes are non-negotiable, non transferable, nonrefundable, and non-exchangeable for alternative prizes or cash value. 

ExperienceFirst will not be held liable if the named prize becomes unavailable or cannot be fulfilled.

5. Winner selection

Winners will be randomly selected from all eligible entries from all entrants and across all platforms received during the Giveaway Period. The drawing will be conducted within 2 days after the Giveaway Period ends. Winners will be notified via email within three (3) days of the drawing. If a winner does not respond within seven (7) calendar days of the initial email notification, an alternate winner will be selected. ExperienceFirst is not responsible for undeliverable emails or any errors in the email addresses submitted by the entrant or if an entrant’s email security settings cause a prize notification to go into any spam or junk folder or not to be delivered. The name, address, email address, and phone number of any winner must be provided to ExperienceFirst if requested and will be shared to enable fulfillment of the prizes.​  

The decisions of ExperienceFirst as to the winners and the prizes are final. No correspondence will be entered into with any entrant. The odds of winning are dependent upon the number of eligible entries received. A winners list is available only within 30 days of the following giveaway period. In order to obtain a winners list, email your request to marketing@exp1.com.

6. Publicity

By entering the Giveaway, winners grant ExperienceFirst the right to use their names and likenesses for promotional purposes without further compensation, except where prohibited by law.

7. General conditions

ExperienceFirst reserves the right to cancel, terminate, suspend, or modify the Giveaway or these terms and conditions at any time for any reason, either in whole or in part, with or without reason and/or notice. Entries that are tampered with or altered in any way are void. 

ExperienceFirst is not responsible for technical, hardware, software, or transmission failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmissions that may limit or interfere with an entrant’s ability to enter the Giveaway. Platforms on which the Giveaway may be promoted are not in any way affiliated with or involved in the Giveaway. To the extent permitted by applicable law, the liability of ExperienceFirst under or in connection with the Giveaway or these terms and conditions shall be limited to the cost price of the prize in question. To the extent permitted by applicable law, ExperienceFirst shall not be liable under or in connection with these terms and conditions, the Giveaway, or any prize for any indirect, special, or consequential damages, cost, expense, or loss suffered by an entrant even if such damages, cost, expense, loss, or damage was reasonably foreseeable or might reasonably have been contemplated by the entrant and ExperienceFirst and regardless of whether arising from breach of contract, tort, negligence, breach of statutory duty, or otherwise. 

The Giveaway is governed by the ExperienceFirst Privacy Policy.

8. Release and limitations of liability

By entering in the Giveaway, entrants agree to release and hold harmless ExperienceFirst and its affiliates, partners, employees, and agents from and against any claim or cause of action arising out of or in any way connected to the Giveaway or receipt or use of any prize, including any accident, illness, injury, damages to person or property, or loss of life that may result from entering the Giveaway and/or redeeming any prize voucher. Companies providing the services which are subject to the prize vouchers are solely responsible for the quality and safety of their services, and ExperienceFirst specifically disclaims liability for any such issues or losses.

9. Governing law

The Giveaway and these terms and conditions are governed by and construed in accordance with the laws of the state of New York in the United States of America.

10. Contact information

For any questions regarding the Giveaway or these terms and conditions, please contact the ExperienceFirst marketing team at marketing@exp1.com.

By entering the ExperienceFirst Giveaway, entrants agree to abide by these terms and conditions and the decisions of ExperienceFirst, which are final and binding in all matters related to the Giveaway.

Service animal policy

Guests are able to be accompanied by their service animals on our walking tours. ExperienceFirst tours are compliant with all local, state and municipal regulations. Please note that entry into locations or attractions within the tour are subject to the discretion of each property’s management.

Please contact info@exp1.com for specific inquiries.

Release of liability and terms of use agreement

The agreement below applies to anyone who participates in an activity with ExperienceFirst. Please read this agreement carefully.

ExperienceFirst (“ExperienceFirst” or “we”) operates www.exp1.com and conducts walking tours, activities, seminars and events, collectively, together with any other services, features, content, advertisements or applications offered from time to time by ExperienceFirst, called the “ExperienceFirst Services”.

By accessing, participating in, or using ExperienceFirst services, you agree to be bound, for yourself and for any third person(s) whose participation in ExperienceFirst Services your entry into this Agreement enables, by this agreement (the “Agreement”).

Assumption of risk

You agree that you know and understand the scope, nature and extent of the risks involved in participating in ExperienceFirst Services, as the activities in such walks are described on exp1.com, and that some dangers cannot be foreseen. You understand these risks include, but are not limited to: defects in the streets and sidewalks; proximity to vehicle and other traffic; poor lighting; carelessness or negligence of ExperienceFirst Services tour leaders or other participants in ExperienceFirst Services; negligent instruction or supervision. YOU VOLUNTARILY, FREELY, AND EXPRESSLY CHOOSE TO INCUR ALL RISKS ASSOCIATED WITH ExperienceFirst SERVICES, understanding that those risks may include bodily and personal injury, damage to property, disfigurement or death.

Release of liability

You HEREBY RELEASE AND DISCHARGE ExperienceFirst, and its tour guides, officers, directors, affiliates, subcontractors, sponsors, partners, agents and employees (collectively, “Releasees”), from any and all liability, claims, demands, expenses, or causes of action whatsoever arising out of any damage, loss or injury to you or your property, or your death, while participating in any ExperienceFirst Services or other activities covered by this agreement, whether resulting from the negligence or other fault, either active or passive, of any of the Releasees, or from any other cause. You specifically waive any unenforceability or public policy argument that you could make or could be made on behalf of your estate or by anyone who would sue the Releasees as a result of your participation in the activities covered by this Agreement.

Agreement not to sue

You agree that neither you nor your heirs, executors, administrators, personal representatives, or any one else claiming on your behalf, shall ever institute any lawsuit or cause of action against any of the Releasees, or initiate or assist in the prosecution of any claim for damages against the Releasees which you may have by reason of injury to your person or property, or your death, arising from the activities covered by this Agreement, whether caused by the negligence or fault, active or passive, of any of the Releasees, or from any other cause. You hereby so instruct your heirs, executors, administrators, personal representatives, or anyone else claiming on your behalf. Should any such lawsuit or cause of action be instituted against any of the Releasees, you agree that such Releasees shall be entitled to recover from you attorney’s fees and costs incurred in the defense of such lawsuit or cause of action, including any arising therefrom.

Indemnity against third-party claims

You agree to INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS the Releasees from any and all losses, claims, damages, expenses, actions, or proceedings of every kind and character, including attorney’s fees and expenses, which may be presented or initiated by any other person or organization and which arise directly or indirectly from (i) your participation in ExperienceFirst Services, whether resulting from the negligence or other fault, either active or passive, of any of the Releasees, or from any other cause or (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement. ExperienceFirst reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification and/or defense by you, in which event you agree to cooperate with ExperienceFirst in asserting any available defenses.

Representations and warranties

By using or participating in the ExperienceFirst Services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you are at least of majority age in all jurisdictions relevant to the validity and enforcement of this Agreement; (c) your use of the ExperienceFirst Services does not violate any applicable laws, rules or regulations (“Applicable Law”); (d) if you purchase ExperienceFirst Services tickets for any third person or group, all such persons have read, understand, and agreed to be legally bound by this Agreement; (e) if any minor participates in a ExperienceFirst Services in connection with your entering into this Agreement, you accept full responsibility for all medical expenses and any other claims related to such minors’ participation and further agree to RELEASE, HOLD HARMLESS, INDEMNIFY and DEFEND the Releasees from all claims brought by or on behalf of any minor; and (f) you have read and fully understand this Agreement and its terms and conditions.

Term

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the ExperienceFirst Services. You may unsubscribe from any of our newsletters by clicking on the “Unsubscribe” link in the footer of the newsletter(s) and following the instructions provided. ExperienceFirst may terminate your right to use the ExperienceFirst Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. ExperienceFirst may also preserve and disclose information from or about you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; or (c) protect the rights, property, or personal safety of ExperienceFirst, its users or the public.

Photo and video release

For valuable consideration received, you hereby grant to ExperienceFirst and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs or video images of you, or in which you may be included, for editorial, trade, advertising and any other purpose and in any manner and medium, to alter the same without restriction; and to copyright the same. This includes any and all uses. I hereby release ExperienceFirst, the Releasees and their assigns from all claims and liability relating to said photographs.

Personal use only

ExperienceFirst Services are for personal entertainment use only and may be used for commercial purposes only if such use is authorized by ExperienceFirst in advance. To seek permission to make commercial use of ExperienceFirst Services, write to us at info@exp1.com. If such permission is granted by us, you may not change or delete any author attribution, trademark, legend or copyright notice.

Proprietary content on ExperienceFirst

ExperienceFirst Services contain content of ExperienceFirst, including, without limitation, tour itineraries, recommendations and tips about local establishments and sites in the cities comprising ExperienceFirst network (“Content”). Content is or may be protected by copyright, trademark, patent and other laws, and ExperienceFirst owns and retains all rights in the Content and the ExperienceFirst Services. ExperienceFirst and ExperienceFirst Services are a trademark of ExperienceFirst. ExperienceFirst hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Content (excluding software code) solely for personal use in connection with viewing ExperienceFirst Services.

ExperienceFirst Services may contain content of ExperienceFirst licensors or third parties. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use such content appearing on or through ExperienceFirst Services. Videotaping the tour is not allowed without prior permission of the company.

You agree and acknowledge that ExperienceFirst may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with ExperienceFirst Services. You can unsubscribe from all emails, including commercial emails, by following the “Unsubscribe” link contained at the bottom of each email.

Pass reservations

Pass reservations will not be charged unless guests do not show up with valid passes. If the guest reserves three spots but only shows up with two valid New York passes, one full-priced ticket will be charged. If the guest reserves three spots but does not show up at all, all three full-priced tickets will be charged.

Privacy Policy

This policy covers what we do with information that you share with us. But if you ever want us to correct, change, or delete any information we have about you, please just contact us. We’re happy to help.

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION? When you purchase something from our website, as part of the buying and selling process, we collect the personal information you give us such as your name, phone number, and email address which you provide. When you browse our website, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

SECTION 2 – CONSENT How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@exp1.com

SECTION 3 – COOKIES Cookies are small pieces of data stored on a User’s device. We use cookies and similar tracking technologies to track the activity on our Service and hold certain information (i.e. clicking Cookie Consent banner). Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our website.

SECTION 4 – THIRD-PARTY SERVICES In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 5 – SECURITY To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

SECTION 6 – AGE OF CONSENT By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site

SECTION 7 – DISCLOSURE We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 8 – CHANGES TO THIS PRIVACY POLICY We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use or disclose it. If our website is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

Website use and accessibility policy

We strive to make your digital experience as convenient as possible. Supporting accessibility features that give people with disabilities an equal access opportunity is our priority.

This list is not exhaustive and our accessibility effort is constant work in progress. If you experience difficulty using our website, please report a digital accessibility issue or request via form below or by contacting us at accessibility@exp1.com

As an assistive technology, we use ChromeVox to test our website. We want to hear about your experience using our website and strive to make it equal and positive for all.

Address for written correspondence

If you need to reach us by mail, you can write to:

222 Broadway, New York, NY 10005