Last Modified: August 13, 2012
For American Express Internet World Wide Web Sites Related to Travel
American Express Company, its subsidiaries and affiliates ("American Express") require that all the visitors to our site(s) on the World Wide Web that provide travel related products, services and content (the "Travel Site") adhere to the following terms and conditions. By accessing the Travel Site, you indicate your acknowledgment and acceptance of these notices, terms and conditions.
1. THIRD PARTY SERVICE PROVIDERS
Certain products, services and content available on the Travel Site are provided by third parties, including, but not limited to, Suppliers as defined below (collectively, "Service Providers"). In addition, certain software and data found on the Travel Site are the copyrighted property of the Service Providers and/or their third-party providers and distributors.
No joint venture, partnership, employment, agency or fiduciary relationship exists between you and American Express or any Service Provider as a result of your use of our travel services, including the Travel Site. In our role as a travel agent and provider of the Travel Site, American Express acts as an independent contractor. American Express assists you in finding travel suppliers and making arrangements that meet your individual needs. We consider various factors in identifying travel suppliers to you and recommending specific itineraries. We want you to be aware that certain suppliers pay us commissions as well as incentives for reaching sales targets or other goals, and from time to time may also provide incentives to our travel counselors. Certain suppliers may also provide compensation to us for various marketing and administrative services that we perform for them, such as granting them access to our marketing channels, participating in marketing programs and supporting technology initiatives. In addition, we receive compensation from suppliers when customers use the American ExpressÂ® card or other American Express products to pay for supplier products and services. From time to time we may enter into other business relationships with suppliers and these arrangements, including levels and types of compensation and incentives we receive, are subject to change. In identifying suppliers and recommending itineraries, we may consider a number of factors, including supplier availability, your preferences and, if applicable, any agreements we have to book travel in accordance with your company's travel policies. The relationships we have with suppliers may also influence the suppliers we identify and the itineraries we recommend.
3. USE OF THE TRAVEL SITE
You may only use the Travel Site to make legitimate reservations or purchases and shall not use the Travel Site for any other purposes, including making any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You may not (a) use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the web pages, data or content found on the Travel Site, (b) deep link to any portion of the Travel Site, without the prior written permission of American Express, or (c) use the Travel Site in violation of, or to violate, any law, rule or regulation.
You acknowledge and agree that you will not use, nor will you permit any use of, the Travel Site in conjunction with any of your activities or business by anyone that resides, stays or is accessing the Travel Site from a country prohibited under U.S. export and/or Office of Foreign Assets Control regulations, including, but not limited to, regulations based upon sanctions, country programs against or embargoes. For more information regarding these regulations, visit www.treas.gov/ofac. You shall automatically become unauthorized to use the Travel Site in the event of a breach of this obligation.
You specifically agree to indemnify and hold harmless American Express and the Service Providers for any breach of this "Use of Travel Site" section.
4. TERMS OF PURCHASE
Please note that separate terms and conditions dictated by the applicable supplier and/or Service Provider will apply to your reservation and purchase of products and services on the Travel Site. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the applicable supplier's and/or Service Provider's policies, rules and restrictions regarding availability and use of fares, products and services. You understand that any violation of any such supplier's and/or Service Provider's terms, conditions, policies, rules or restrictions may result in (a) your forfeiting any monies paid for such reservation or purchase, (b) cancellation of your reservation or purchase, (c) your being denied access to any flights, hotels or other products or services, and (d) American Express debiting your account for any costs American Express incurs as a result of such violation. You acknowledge that you will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of the Travel Site.
5. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use the Travel Site and to create binding legal obligations for any liability you may incur as a result of the use of the Travel Site. You agree to supervise all use of the Travel Site by minors using your name or account. You also warrant that all information supplied by you or members of your household in using the Travel Site is true and correct. You understand that you are financially responsible for all uses of the Travel Site by you and those using your name or account.
6. NO WARRANTIES
WITHOUT LIMITING THE GENERALITY OF ANY DISCLAIMERS SET FORTH IN OUR Terms of Service, AMERICAN EXPRESS AND THE SERVICE PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THE TRAVEL SITE AND/OR ANY MATERIALS PROVIDED ON THE TRAVEL SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. AMERICAN EXPRESS AND THE SERVICE PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE TRAVEL SITE (MUCH OF WHICH IS PROVIDED BY SUPPLIERS) AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER AMERICAN EXPRESS NOR ANY SERVICE PROVIDER WARRANTS THAT THE TRAVEL SITE, ITS SERVERS OR ANY E-MAIL SENT FROM AMERICAN EXPRESS OR ANY SERVICE PROVIDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. SUCH WARRANTIES GIVE YOU SPECIFIC RIGHTS WHICH MAY VARY FROM STATE TO STATE.
7. DISCLAIMER REGARDING SUPPLIERS
THE AIR CARRIERS, HOTELS, CAR RENTAL AGENCIES, CRUISE LINES, TOUR OPERATORS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THE TRAVEL SITE ("SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF AMERICAN EXPRESS. AMERICAN EXPRESS ACTS SOLELY AS A SALES AGENT FOR THE SUPPLIERS AND IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. AMERICAN EXPRESS SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, ACTS OF WAR, TERRORISM, DISEASE OR OTHER FORCE MAJEURE EVENT OR OTHER CAUSE BEYOND ITS DIRECT CONTROL, AND AMERICAN EXPRESS HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS,OR RE-ROUTING CAUSED BY ANY ACTS OR OMISSIONS OF ANY GOVERNMENTAL AUTHORITY. THE FACT THAT AMERICAN EXPRESS INCLUDES OR OFFERS ANY PRODUCT OR SERVICE ON THE TRAVEL SITE DOES NOT MEAN AMERICAN EXPRESS IS ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE.
8. LIMITATION OF LIABILITY
WITHOUT LIMITING THE GENERALITY OF ANY LIMITATION OF LIABILITY SET FORTH IN OUR Terms of Service, AMERICAN EXPRESS AND THE SERVICE PROVIDERS ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE TRAVEL SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE TRAVEL SITE. IN NO EVENT SHALL AMERICAN EXPRESS OR ANY SERVICE PROVIDER BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE TRAVEL SITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE TRAVEL SITE FOR RESERVATIONS OR TICKETING), OR (C) THE PERFORMANCE OR NON-PERFORMANCE BY AMERICAN EXPRESS OR ANY SERVICE PROVIDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. SOME STATES DO NOT ALLOW SUCH LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
If, notwithstanding the foregoing, American Express or any Service Provider should be found liable for any loss or damage that arises out of or is in any way connected with any of the above described functions or uses of the Travel Site or its content, the liability of each of American Express and Service Providers shall in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on the Travel Site, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to American Express and without any liability whatsoever, American Express at any time and without notice may terminate or restrict your access to any component of the Travel Site.
9. RECOVERY FUND FOR CONSUMERS DAMAGED BY SELLERS OF TRAVEL
Nevada: You may be eligible for payment from the Recovery Fund if you have paid money to a seller of travel registered in Nevada for the purchase of travel services or a vacation certificate and you have suffered certain financial damages as a result of the transaction. To obtain information relating to your rights under the Recovery Fund and the filing of a claim for recovery from the Recovery Fund, you may contact the Consumer Affairs Division of the Department of Business and Industry at the following locations:
SOUTHERN NEVADA: 1850 East Sahara Avenue, Suite 101, Las Vegas, Nevada 89104, Phone: 702.486.7355, Fax: 702.486.7371, e-mail: email@example.com
NORTHERN NEVADA: 4600 Kietzke Lane, Building B, Suite 113, Reno, Nevada 89502, Phone: 775.688.1800, Fax: 775.688.1803, e-mail: firstname.lastname@example.org
California: This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC's website at: www.tcrcinfo.org.
Washington State: If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty (30) days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen (14) days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.
American Express Seller of Travel Numbers: California CST#1022318-10, Rhode Island ML#1192, Washington UBI#600-469-694, Iowa TA#002, Nevada NV#2001-0126
10. TRAVEL TO CERTAIN DESTINATIONS
While most travel - domestic and international - is completed without incident, travel to certain destinations may involve more risk than travel to other destinations. American Express urges users of the Travel Site to review current travel advisories, warnings and restrictions issued by the United States government before booking any travel. In addition, passengers are responsible for determining and obtaining proper documentation for travel to international destinations. For more information, please visit www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. Some countries may require aircraft cabin insecticide treatment for in-bound foreign flights. A list of such countries is available at http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, NEITHER AMERICAN EXPRESS NOR ANY SERVICE PROVIDER REPRESENTS OR WARRANTS THAT TRAVEL TO SUCH DESTINATIONS IS SAFE, ADVISABLE OR WITHOUT RISK, AND NEITHER AMERICAN EXPRESS NOR ANY SERVICE PROVIDER IS LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
11. TRANSMISSION OF PERSONAL DATA
You acknowledge and agree that by providing American Express with any personal information through the Travel Site for the purpose of registering on the Travel Site, or reserving or purchasing products or services, you consent to American Express sharing certain of that information with Service Providers solely as necessary to complete a transaction you have requested. For more information regarding how we treat your personal information, please view our Privacy Statement.
You shall defend and indemnify American Express and any Service Providers and their respective parents, subsidiaries, affiliates and each of their officers, directors, employees and agents from and against any claim, cause of action or demand (including reasonable legal and accounting fees) brought by you or a third party as a result of your use of the Travel Site.
American Express and/or Service Providers may at any time modify (a) the Travel Site, including eliminating or discontinuing any content on or feature of the Travel Site, (b) any fees or charges for use of the Travel Site, and (c) these terms and conditions. Your continued use of the Travel Site will be conditioned upon the terms and conditions in force at the time of your use.
14. OTA SERVICE PROVIDER
One of our Service Providers is Orbitz Worldwide, LLC ("OTA Service Provider"). OTA Service Provider is a business incorporated and operating in the United States. OTA Service Provider has been selected by American Express to provide American Express customers the ability to search for and book certain travel services. OTA Service Provider is also the provider of certain of such travel services. Payment for reservations made for services provided through OTA Service Provider will be made to OTA Service Provider if such service is a merchant travel service or to the applicable Supplier if such service is a retail travel product.
Requisite State Licenses. The following are OTA Service Provider's licenses:
*California: CST 2063530-50
*REGISTRATION AS A SELLER OF TRAVEL DOES NOT CONSTITUTE APPROVAL BY THE STATE OF CALIFORNIA. CALIFORNIA LAW REQUIRES CERTAIN SELLERS OF TRAVEL TO HAVE A TRUST ACCOUNT OR BOND. OTA SERVICE PROVIDER HAS A BOND ISSUED BY ZURICH NORTH AMERICA IN THE AMOUNT OF $50,000. OTA SERVICE PROVIDER IS NOT A PARTICIPANT IN THE TRAVEL CONSUMER RESTITUTION FUND (TCRF).
For any question related to refunds, please contact 1-800-297-2977 (within the United States or Canada) or 1-312-980-7807 (outside the United States and Canada).
*See STATE OF NEVADA RECOVERY FUND FOR CONSUMERS DAMAGED BY SELLERS OF TRAVEL in Section 9 above.