New Orleans Travel Pass User Terms
These Terms and Conditions (the “Terms”) govern the relationship between First Time Visiting LLC (collectively referred to herein as “First Time Visiting” or “Us” or “We” or “Company” or “the Company” or “Our”) and any person (collectively referred to herein as “you” or “your” or “Passholder” or “Customer” or “User”) who purchases or uses the First Time Visiting New Orleans Travel Pass.
By purchasing or using the New Orleans Travel Pass, you agree that you have read, understood, and agree to these Terms, our website Terms of Use, and our Privacy Policy.
1. Travel Pass Definitions
New Orleans Travel Pass (“Pass” or “Product” or “Travel Pass” or “NOLA Travel Pass”): a product sold by First Time Visiting that contains exclusive discounts for tourist attractions & companies.
Participating Business: any business included or featured on the First Time Visiting New Orleans Travel Pass.
Attraction (“Attraction” or “Tour”): a specific Participating Business’s attraction, tour, or activity that is included on the First Time Visiting Travel Pass.
Passholders (“Passholder”): individuals or entities who have purchased or used a First Time Visiting New Orleans Travel Pass.
Promo Code: (“Code” or “Promo''): a discount code that can be used by a Passholder to redeem a specific Travel Pass discount on a specific Participating Business’s Attraction.
2. How the Travel Pass Works
A Travel Pass contains exclusive discounts on Attractions and/or Tours provided by Participating Businesses in New Orleans. The method through which a Passholder redeems these discounts varies by Participating Business and Attraction. These methods may include, but are not limited to Promo Codes, password protected reservation and ticketing websites or tools, or exclusive websites accessible by membership only.
If an Attraction’s Travel Pass discount is provided via Promo Code, a Passholder must purchase the Attraction on the Participating Business’s webpage to redeem their Travel Pass discount.
If an Attraction’s Travel Pass discount is provided via a password protected reservation and ticketing website or tool, Passholders must purchase the Attraction on the password protected reservation and ticketing website or tool to redeem their Travel Pass discount.
All Travel Pass Attraction reservations and tickets are purchased directly with the Attraction provider. First Time Visiting does not collect money on individual Attraction reservation or ticketing transactions.
Discounts for each Attraction may be used once before the Travel Pass expiration date.
Some Participating Businesses may limit the number of people that can buy Attraction tickets or reservations with a single Travel Pass.
3. Sale and Distribution of the Travel Pass
Travel Passes can only be purchased on First Time Visiting’s website.
After you have purchased a Travel Pass, an email will be sent to you with instructions for accessing your Travel Pass and password protected reservations and ticketing websites and tools. Emails may take up to 24 hours to deliver to your email address.
4. Validity of the Travel Pass
Travel Passes are valid for 3 months from the date of purchase. Any discount not used by within the 3 month period immediately following the date of purchase will no longer be valid.
5. Refunds and Cancellations
All sales are final.
We may cancel your access to the Travel Pass and applicable Attraction discounts at any time for any reason. In the event that your Travel Pass is canceled before its expiration date, you will be refunded the price you paid to First Time Visiting for the Travel Pass. Changes to the included Travel Pass Attractions, discounts, Promo Codes or Participating Businesses do not qualify as a Travel Pass cancellation and will not be considered for a refund.
If we learn that a Passholder has violated the Passholder Responsibilities defined within these Terms, we reserve the right to terminate that Passholder’s access to the Travel Pass and applicable Travel Pass Attraction discounts without providing a refund.
Additional requests for refunds may be considered on a case-by-case basis and First Time Visiting reserves the right to accept or refuse any refund request for any reason. Please reach out to info@firsttimevisiting.com if you would like to request a refund.
6. Passholder Responsibilities
Passholders will comply with these Terms and all applicable local, state, and national laws, rules, and regulations.
Passholders may not sell, share, publish, nor distribute the Travel Pass, Travel Pass Promo Codes, or passwords to access Travel Pass webpages and reservations tools.
Passholders will comply with each Attraction’s rules, safety protocols, terms and conditions.
Passholders will provide accurate and truthful information when purchasing a Travel Pass or a Travel Pass Attraction.
Passholder will purchase specific Attraction reservations and tickets directly with the applicable Participating Business.
Passholder will settle disputes regarding Attraction services and products directly with the applicable Participating Business.
7. Disclaimers
We have done our best to ensure the accuracy of the information on our Travel Pass, marketing materials, websites, and communications. Because circumstances, including but not limited to Participating Business hours of operation, holiday closures, business closures, Attraction price changes, Participating reservation and ticketing tool availability, or a Participating Business’s willingness to honor their Travel Pass Attraction discount obligations may change at any time after you purchase a Travel Pass, we cannot guarantee that each Participating Business will honor their Attraction discounts or Promo Codes at the time you choose to use the Travel Pass. To the extent permitted by applicable law, we are not liable to you for any loss, expense, damage, or other inconvenience caused in any way by your reliance upon information contained on our Travel Pass, marketing materials, websites, communications, or information provided by Participating Businesses regarding the Travel Pass or Travel Pass Attractions.
We are not liable to you for any loss, expense, damage, or other inconvenience caused in any way if a Participating Business doesn’t honor their Travel Pass Attraction discount for any reason.
If a Participating Business doesn’t honor their Travel Pass Attraction discount and a similar Attraction isn’t featured on the Travel Pass, we may, at our sole discretion, try to find a similar Attraction to get a discount for you. We do not guarantee that a similar Attraction discount will be provided.
Participating Businesses and Attractions presented in Travel Pass marketing materials and communications are for example purposes only. Actual business and Attraction participating may vary.
First Time Visiting is not liable to you for any loss, expense, damage, or other inconvenience caused in any way by delayed email receipt of the Travel Pass instructions after making a Travel Pass purchase, loss or misplacement of your Travel Pass, forgotten passwords, or other IT related issues.
First Time Visiting does not operate any of the Attractions featured or included on the Travel Pass. As such, we do not guarantee or warranty any Attraction’s availability, adherence to its descriptions, safety protocols, or anything in general about your experience with the Attraction or Participating Business.
We will not be held liable to you for any loss, expense, damage, injury, death, or any inconvenience caused in any way by your experience with a Travel Pass Attraction or Participating Business.
First Time Visiting is not liable to you for any shortcomings in service, problems with Attraction admission, public health violations, safety issues, injury, loss of life, illness, or other damage that should arise when you visit any Travel Pass Attractions. You are responsible for resolving any such issues directly with the Participating Business providing the Attraction.
We are liable to you for any reason that may affect your ability to use the Travel Pass.
Travel Passes are only provided for personal, non-business use. You are not authorized to re-sell the Travel Pass for any purpose and we are not liable to you for any loss or profit, loss of business, business interruption, or loss of business opportunity.
We are not liable to you for any delay or failure to provide access to the Travel Pass, access to our websites, or any communications.
8. Privacy
Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Products, website, or communicating with us, you agree that First Time Visiting can collect, use, and share your information consistent with that policy.
9. Intellectual Property
All content within the Travel Pass, including logos, graphics, and text, remains the intellectual property of First Time Visiting or Participating Businesses and may not be reproduced or used for commercial or any purposes without written consent.
10. Force Majeure
First Time Visiting shall not be liable for any delay in delivery, suspension, cancellation or other failure of performance due to any causes beyond its control, including but not limited to acts of God or government, labor disputes or inability to secure materials, labor or transportation.
11. Indemnity
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless First Time Visiting and its affiliates, officers, directors, shareholders, employees, agents, partners, licensors, and suppliers harmless from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your use of the New Orleans Travel Pass; (b) your interactions with Participating Businesses and other Passholders (c) your actions or behavior; (d) your actual or alleged breach of these Terms; (e) your wrongful or improper usage of the New Orleans Travel Pass; (f) your violation of any rights of another; and (g) your violation of any law, rule or regulation of the United States or any other country.
This obligation will survive the termination or expiration of these Terms and/or your participation in the New Orleans Travel Pass. You agree to comply with these Terms and to defend, indemnify and hold harmless First Time Visiting LLC from and against any and all claims and demands arising from participation in the New Orleans Travel Pass.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRST TIME VISITING AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, LOSS OF LIFE, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) OR OTHER INTANGIBLE LOSSES (EVEN IF FIRST TIME VISITING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) YOUR PURCHASE OR USAGE OF THE NEW ORLEANS TRAVEL PASS; (B) THE CONDUCT OR STATEMENTS OF NEW ORLEANS TRAVEL PASSHOLDERS OR PARTICIPATING BUSINESSES; (C) ANY CHANGES MADE TO THE NEW ORLEANS TRAVEL PASS OR ANY TEMPORARY OR PERMANENT CESSATION OF THE NEW ORLEANS TRAVEL PASS OR ANY PART THEREOF; (D) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; AND (E) ANY OTHER MATTER RELATING TO THE NEW ORLEANS TRAVEL PASS. IN NO EVENT WILL FIRST TIME VISITING’S AGGREGATE LIABILITY IN CONNECTION WITH ANY PRODUCT OR SERVICE, INCLUDING ANY VOUCHER, EXCEED THE FEES ACTUALLY PAID BY YOU TO FIRST TIME VISITING IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS LESS.
THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING RESIDENTS OF NEW JERSEY.
FIRST TIME VISITING WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY NEW ORLEANS TRAVEL PASS CUSTOMERS OR PARTICIPATING BUSINESSES, AND YOU EXPRESSLY WAIVE AND RELEASE FIRST TIME VISITING FROM ANY AND ALL LIABILITY, CLAIMS, INJURY, ILLNESS, LOSS OF LIFE, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE NEW ORLEANS TRAVEL PASS. FIRST TIME VISITING WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS AND SERVICES PROVIDED BY PARTICIPATING BUSINESSES, AND YOU EXPRESSLY WAIVE AND RELEASE FIRST TIME VISITING FROM ANY AND ALL LIABILITY, CLAIMS, INJURY, ILLNESS, LOSS OF LIFE, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO PARTICIPATING BUSINESSES, AND THE ITEMS OR SERVICES THEY PROVIDE. FIRST TIME VISITING WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY NEW ORLEANS TRAVEL PASSHOLDERS OR NEW ORLEANS TRAVEL PASS PARTICIPATING BUSINESSES. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THE NEW ORLEANS TRAVEL PASS (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE FIRST TIME VISITING FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, INJURY, ILLNESS, LOSS OF LIFE, OR DAMAGES ARISING FROM YOUR USE OR INVOLVEMENT WITH THE NEW ORLEANS TRAVEL PASS, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY OUR PRODUCTS AND SERVICES.
13. Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
14. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and First Time Visiting agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
15. General
You agree that no joint venture, partnership, employment, or agency relationship exists between you and First Time Visiting as a result of these Terms or use of the Travel Pass.
These Terms shall be governed by the laws of the State of California, without regard to its conflicts of law provisions. All disputes of any nature arising out of or in connection with these Terms, shall be finally resolved through binding arbitration conducted in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service (JAMS) by three (3) arbitrators. The claimant shall identify its appointed arbitrator at the time of submission of the request for arbitration. The respondent shall identify its appointed arbitrator at the time of answer to the request for arbitration. The two party appointed arbitrators shall then appoint the chairperson within 30 days of the answer to the request for arbitration. The arbitration shall be conducted in San Francisco. The prevailing party shall be entitled to reasonable attorneys' fees and costs. An award rendered by arbitrators shall be final and binding on the Parties. The Parties may agree to consult a mediator prior to arbitration. Any action or proceeding by you relating to any dispute must commence within one year after the cause of action accrues.
Provisions of these Terms which by their nature should apply beyond their terms will remain in effect after any termination or expiration of these Terms.
Volunteered Information: If you volunteer feedback, suggestions, or information through email, online form submissions, suggestions, or any other means of communication, First Time Visiting effectively owns these ideas and information and we can use them without informing or compensating you.
You may not transfer any of your rights or obligations under these Terms without our consent.
These Terms do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
16. Severability
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
17. Changes to Terms
First Time Visiting reserves the right, in its sole discretion, to change the Terms under which the New Orleans Travel Pass is offered. The most current version of the Terms will supersede all previous versions. First Time Visiting encourages you to periodically review the Terms to stay informed of our updates.
18. How to Contact Us
First Time Visiting can be contacted by emailing us as info@firsttimevisiting.com or by submitting a message through the contact form on our website, www.firsttimevisiting.com/contact.