Okay, the website has me confused. Where in the reserving process did it tell you the availability? The terms and conditions say that there may not be availability for what you've requested (that you would be bumped to an available time) but you have to pay before it tells you if that's the case. And as I'm understanding it they aren't refundable.
This is the part that is tripping me up:
"Your order does not guarantee the availability of chosen reservation. Statue of Liberty reservations are often sold out well in advance for popular dates, or may not have enough room for a large party. Your order is not confirmed until you have received a second email from us with all your tour information and confirmation number. The first email states your tour and confirms the credit card has been charged, the second email confirms that tickets were secured for you, and includes your confirmation number."
Re: Help with Ellis Island Tix
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with the SOL they have a calendar that's color coded and just by looking at the day, you can tell if they have anything available.
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i skipped the t&cs .. if there was nothing available for our date, i wasn't going to bother with it.