Travel Notice Terms and Conditions

Legal Rights & Agreement Rules · Context

The Travel Notice Terms show a “Last modified” date of May 7, 2025

The page is headed “IMPORTANT TRAVEL NOTICES TERMS & CONDITIONS” and carries the line “Last modified: May 7, 2025”. That is the only date the text gives. It does not say when these Terms took effect or what changed on that date.

Supporting quotations

IMPORTANT TRAVEL NOTICES TERMS & CONDITIONS

Last modified: May 7, 2025

Qualifications & exceptions

• The analysis covers this saved copy only.

Not stated here

• The effective date and any earlier or later version are not stated in this text.

Legal Rights & Agreement Rules · Context

The Terms apply to anyone using an American Express channel that offers travel content, products or services

American Express Company, its subsidiaries and affiliates, including American Express Travel Related Services Company, Inc., are together “American Express”, “we”, “our” and “us”. They require anyone (“you”) who accesses or uses their telephone contact centers, websites, mobile applications, or any other digital or telephonic properties or services that provide travel content, products or services to follow these Terms. Each such channel is a “Travel Channel”. The list is open-ended (“any other digital or telephonic properties or services”) but limited to channels that provide travel content, products or services.

Supporting quotations

American Express Company, its subsidiaries and affiliates, including, without limitation, American Express Travel Related Services Company, Inc., (collectively, “American Express”, “we”, “our”, “us”)

requires that anyone (“you”, “your”) that accesses and/or uses our: (i) telephone contact center(s), (ii) website(s), (iii) mobile application(s), or (iv) any other digital or telephonic properties or services, each that provide travel content, products, or services (each, a "Travel Channel")

Qualifications & exceptions

• Only channels “that provide travel content, products, or services” are Travel Channels.

Not stated here

• The text does not list which specific websites, apps or phone lines are Travel Channels.

Legal Rights & Agreement Rules · Company practice

Accessing a Travel Channel counts as acknowledging and agreeing to these Terms and other terms shown there

By accessing a Travel Channel you “indicate that you acknowledge and agree” to these Terms, and to any other terms and conditions provided on or through a Travel Channel or in the Terms. This sentence names access itself as the trigger and does not describe a separate sign-up or click step.

Supporting quotations

By accessing a Travel Channel, you indicate that you acknowledge and agree to these Terms, and any other terms and conditions provided on/through a Travel Channel or herein

Qualifications & exceptions

• The agreement extends to “any other terms and conditions provided on/through a Travel Channel or herein”, whatever they are.

Not stated here

• Which other terms are provided on or through a Travel Channel is not listed in this sentence.

Legal Rights & Agreement Rules · Context

The Ticket Terms and Conditions and Other Important Notices and the Terms of Service are incorporated into these Terms

Within the “other terms and conditions” you agree to, the Terms name two linked documents, American Express’s Ticket Terms and Conditions and Other Important Notices and its Terms of Service, and say each is incorporated and forms part of these Terms. Neither document was supplied with this text, so what they require is not described here.

Supporting quotations

including, without limitation, our Ticket Terms and Conditions and Other Important Notices and Terms of Service, each of which are incorporated herein and form part of these Terms.

Qualifications & exceptions

• The words “including, without limitation” mean the two named documents are examples, so other terms provided on a Travel Channel may also apply.

Not stated here

• The Ticket Terms and Conditions and Other Important Notices PDF and the Terms of Service were not supplied.
• No order of priority between these Terms and those documents is stated in this passage.

Legal Rights & Agreement Rules · Context

Travel suppliers are “Suppliers”; with other providers working for American Express they are “Service Providers”

Some content, products and services on or through a Travel Channel come from third parties. “Suppliers” are the travel suppliers, which the text says may include suppliers of air travel, lodging, car rentals, cruises and tours. “Service Providers” is the collective term for these third parties together with other providers rendering services to American Express for purposes of a Travel Channel. The Terms use the two words for different groups: Suppliers sell the travel, Service Providers are the wider set.

Supporting quotations

Certain content, products, and services available on/through a Travel Channel are provided by third parties, including, without limitation, travel suppliers that may include, without limitation, suppliers of air travel, lodging accommodations, car rentals, cruises and tours (“Suppliers”) and other providers rendering services to us for purposes of a Travel Channel, collectively referred to herein as "Service Providers".

Qualifications & exceptions

• The list of Supplier types is introduced with “may include, without limitation”.

Not stated here

• The text names no specific Suppliers or Service Providers in this passage.

Content & IP Rights · Restriction or exception

Travel Channel content may belong to others and may not be copied or used for commercial or public purposes

Software, data and other information found on or provided with a Travel Channel may be the copyrighted property of Service Providers and other third parties. The Terms prohibit you from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available on or through a Travel Channel “for commercial or public purposes”. The sentence can be read two ways: that “for commercial or public purposes” limits every listed action, or only the last one (using). The text does not say which, so the reach of the ban on ordinary personal copying or displaying is unclear.

Supporting quotations

Certain content, including, without limitation, software, data, and other information that may be found on or provided in conjunction with a Travel Channel may be the copyrighted property of Service Providers and other third parties.

You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through a Travel Channel for commercial or public purposes.

Qualifications & exceptions

• The prohibition is stated for “any content available on or through a Travel Channel”.

Not stated here

• Whether “for commercial or public purposes” qualifies all the listed actions or only “using” is not clear from the sentence.
• This sentence states no personal-use allowance; whether another provision gives one is not shown here.

Legal Rights & Agreement Rules · Context

American Express says it is an intermediary agent with no partnership, agency or fiduciary tie to you

In its role as a travel agent and provider of a Travel Channel, American Express says it acts as an intermediary agent and independent third party between you and the Suppliers. It states that no joint venture, partnership, employment, agency, representative, fiduciary or similar relationship exists between you and it, or any Service Provider, as a result of your use of its travel services. It says it assists you in finding travel Suppliers and making certain arrangements for travel.

Supporting quotations

In our role as a travel agent and provider of a Travel Channel, we act as an intermediary agent and independent third party between you and the Suppliers; no joint venture, partnership, employment, agency, representative, fiduciary or similar relationship exists between you and us, or any Service Provider, as a result of your use of our travel services, including, without limitation, a Travel Channel.

We assist you in finding travel Suppliers and making certain arrangements for travel.

Qualifications & exceptions

• The statement is made “as a result of your use of our travel services, including, without limitation, a Travel Channel”.

Not stated here

• The text uses “travel agent”, “intermediary agent” and, later, “sales agent for Suppliers”; whether these describe the same role is not explained.

Cross-references

• contrast (model-proposed): American Express says it is only a sales agent for Suppliers and is not liable for their acts, errors or omissions — The Relationship section calls American Express an intermediary agent and independent third party between you and the Suppliers, while the Disclaimer section says it acts solely as a sales agent for Suppliers. The text does not reconcile the two descriptions.

Charges & Financial Obligations · Company practice

Suppliers pay American Express commissions and incentives, which may influence what it recommends

American Express discloses that certain Suppliers pay it commissions and incentives for reaching sales targets or other goals, and from time to time may also give incentives to its travel consultants. Certain Suppliers also compensate it for marketing and administrative services such as access to its marketing channels, marketing programs and technology initiatives, and it receives compensation from Suppliers when customers use their American Express Card. It may enter other business relationships with Suppliers, and the levels and types of compensation and incentives it receives are subject to change. When identifying Suppliers and recommending itineraries it may consider factors including Supplier availability and your preferences, and it says its relationships with Suppliers may also influence which Suppliers it identifies and which itineraries it recommends.

Supporting quotations

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 consultants.

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 their American Express® Card.

The relationships we have with Suppliers may also influence the Suppliers we identify and the itineraries we recommend.

Qualifications & exceptions

• Stated for “certain” Suppliers; arrangements “are subject to change”.

Not stated here

• Which Suppliers pay, and the amounts or rates, are not stated.

Legal Rights & Agreement Rules · Restriction or exception

Recommendations are only suggestions; the choice is yours and American Express accepts no responsibility

While American Express may recommend certain destinations and Suppliers, the Terms say these are solely suggestions. All decisions about destinations and Suppliers are your sole and exclusive decision, and American Express says it does not accept responsibility or liability should you be dissatisfied, for any reason, with the destinations and Suppliers it may suggest.

Supporting quotations

While we may recommend certain destinations of travel and Suppliers, these are solely suggestions; any and all decisions as to appropriate destinations of travel and Suppliers are your sole and exclusive decision and we do not accept any responsibility or liability should you be dissatisfied, for any reason, due to the destinations and Suppliers we may suggest.

Not stated here

• This sentence states no exception to the disclaimer; whether law limits it is not shown here.

Legal Rights & Agreement Rules · Restriction or exception

Use a Travel Channel only for legitimate reservations or purchases for yourself or people you may act for

You may use a Travel Channel only to make legitimate reservations or purchases for yourself or for other persons for whom you are authorized to act. You shall not use a Travel Channel for any other purpose, including making any speculative, false, fictitious or fraudulent reservation.

Supporting quotations

You may only use a Travel Channel to make legitimate reservations or purchases for you or other persons for whom you are authorized to act, and you shall not use a Travel Channel for any other purposes, including, without limitation, making any speculative, false, fictitious or fraudulent reservation.

Not stated here

• “Authorized to act” is not defined in this passage.

Legal Rights & Agreement Rules · Restriction or exception

No commercial use, robots or manual scraping, framing or mirroring, or unlawful use of a Travel Channel

You shall not: (i) use a Travel Channel, or anything contained in or provided with it, for commercial purposes; (ii) use any “robot”, “spider” or other automatic device, or a program, algorithm or methodology with similar processes or functionality, “or any manual process” to monitor, scrape, copy or republish any webpages, data or content found on a Travel Channel; (iii) “frame”, “mirror” or otherwise incorporate any part of a Travel Channel into any other website or application; or (iv) use a Travel Channel in violation of, or to violate, any law, rule or regulation. Item (ii) covers manual as well as automated monitoring, scraping, copying and republishing.

Supporting quotations

You shall not: (i) use a Travel Channel or anything contained therein or provided in conjunction therewith for commercial purposes, (ii) 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, scrape, copy, or republish any of the webpages, data, or content found on a Travel Channel, (iii) “frame,” “mirror,” or otherwise incorporate any part of a Travel Channel (or anything contained therein or provided in conjunction therewith) into any other website or application, or (iv) use a Travel Channel in violation of, or to violate, any law, rule, or regulation.

Not stated here

• “Commercial purposes” is not defined; whether personal price comparison or sharing an itinerary would count is not stated.

Legal Rights & Agreement Rules · Restriction or exception

No use by or for anyone in a country prohibited under U.S. export or OFAC rules

You shall not use, or permit any use of, a Travel Channel in conjunction with any of your activities or by anyone that resides, stays or is accessing a Travel Channel from a country prohibited under U.S. export and/or Office of Foreign Assets Control (OFAC) regulations, including regulations based upon sanctions, country programs against, or embargoes. The text points to www.treas.gov/ofac for more information but does not list the countries.

Supporting quotations

You shall not use, nor shall you permit any use of, a Travel Channel in conjunction with any of your activities or by anyone that resides, stays, or is accessing a Travel Channel from a country prohibited under U.S. export and/or Office of Foreign Assets Control regulations, including, without limitation, regulations based upon sanctions, country programs against, or embargoes.

Not stated here

• The countries are not listed; the linked OFAC page was not supplied.

Legal Rights & Agreement Rules · Restriction or exception

After a breach you become unauthorized to use a Travel Channel and must indemnify American Express and Service Providers

The last sentence of this section says you “shall become unauthorized to use a Travel Channel in the event of a breach of these obligations”, and that you shall indemnify and hold harmless American Express and Service Providers for any breach of “this section”. The sentence uses two different phrases, “these obligations” and “this section”. The text does not say whether both reach the same obligations, for example whether a breach of the earlier legitimate-use rules also makes you unauthorized, or how unauthorized status ends.

Supporting quotations

You shall become unauthorized to use a Travel Channel in the event of a breach of these obligations, and you shall indemnify and hold harmless us and Service Providers for any breach of this section.

Not stated here

• Whether “these obligations” means only the sanctions rule or the whole section is not stated.
• How unauthorized status ends, and the scope of the indemnity, are not described here.

Legal Rights & Agreement Rules · Restriction or exception

Supplier and Service Provider terms also apply to your booking, and you must follow them, including paying on time

You acknowledge and agree that additional terms and conditions set by the applicable Suppliers and/or Service Providers apply to your reservation or purchase made through a Travel Channel. You must abide by those terms, including paying all amounts when due and complying with the applicable Service Provider terms, conditions, policies, rules and restrictions.

Supporting quotations

You acknowledge and agree that additional terms and conditions dictated by applicable Suppliers and/or Service Providers shall apply to your reservation and/or purchase of products and services through a Travel Channel. You shall abide by such terms and conditions, including, without limitation, payment of all amounts when due and compliance with the applicable Service Provider terms, conditions, policies, rules, and restrictions.

Not stated here

• The Suppliers’ and Service Providers’ own terms were not supplied.

Charges & Financial Obligations · Restriction or exception

Breaking Supplier terms, including paying late, may cost you the money paid or the booking, or lead to a debit

You understand that violating any such Service Provider terms, conditions, policies, rules or restrictions, including timely payment, “may result in”: (i) you forfeiting any monies paid for the reservation or purchase, (ii) cancellation of the reservation or purchase, (iii) you being denied access to any flights, hotels or any other products or services, and (iv) American Express debiting your account for any costs it incurs as a result of the violation. These are outcomes that may follow; the text does not say which apply to which kind of violation.

Supporting quotations

You understand that any violation of any such Service Provider terms, conditions, policies, rules, or restrictions, including, without limitation, timely payment, may result in: (i) you forfeiting any monies paid for such reservation or purchase, (ii) cancellation of your reservation or purchase, (iii) you being denied access to any flights, hotels, or any other products or services, and (iv) us debiting your account for any costs we incur as a result of such violation.

Qualifications & exceptions

• The consequences are stated as things that “may” result, not as automatic.

Not stated here

• “Your account” is not defined here; the text does not say whether it means a card on file or another account.
• No notice or dispute step before a debit is described in this passage.

Charges & Financial Obligations · Restriction or exception

Suppliers may change prices without notice before you book and policies at any time; you owe all charges and taxes

You acknowledge and agree that (i) Suppliers may change their prices without notice prior to your reservation or purchase, (ii) Suppliers may change the terms of their policies prior to or after your reservation or purchase (the source reads “may changed”), and (iii) you are responsible for all charges, fees, duties, taxes and assessments arising out of your use of a Travel Channel, including all reservations and purchases you make through it. The no-notice wording is stated for price changes before you reserve or purchase; the sentence does not address price changes after.

Supporting quotations

You acknowledge and agree that: (i) Suppliers may change their prices without notice prior to reservation or purchase by you, (ii) Suppliers may changed the terms of their policies prior to or after reservation or purchase by you, and (iii) you shall be responsible for all charges, fees, duties, taxes, and assessments arising out of your use of a Travel Channel, including, without limitation, all reservations and purchases you make through a Travel Channel.

Qualifications & exceptions

• The source wording “Suppliers may changed the terms” is kept as written.

Not stated here

• What happens to a price or policy change made after booking is not described in this sentence.

Legal Rights & Agreement Rules · Restriction or exception

A Supplier may require a liability waiver; refusing can lead to cancellation, denied service and loss of the money paid

You acknowledge that some Suppliers may require you to sign a liability waiver or other forms before using their services. You understand that unwillingness to do so may result in cancellation of your reservation, being denied access to the Supplier’s services, and forfeiting any monies paid for the reservation, in accordance with applicable Supplier terms and conditions.

Supporting quotations

You acknowledge that some Suppliers may require you to sign a liability waiver or other forms prior to using their services, and you understand that your unwillingness to do so may result in a cancellation of your reservation(s), being denied access to the Supplier’s services, and forfeiting any monies paid for such reservation(s), in accordance with applicable Supplier terms and conditions.

Qualifications & exceptions

• The consequences apply “in accordance with applicable Supplier terms and conditions”.

Not stated here

• The content of any waiver is not stated.

Charges & Financial Obligations · Restriction or exception

Two one-way flights are separate tickets; if an airline change forces a change to the other flight, you pay those fees

Through a Travel Channel you may reserve a combination of two one-way air tickets instead of a roundtrip ticket. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions and fees. If one of the flights is affected by an airline change (the text gives cancellation or rescheduling as examples) that causes you to change the other flight, you acknowledge you are responsible for any fees incurred for changing the unaffected flight, including any difference in fare and change/cancellation penalties.

Supporting quotations

Through a Travel Channel you may make a reservation for a combination of two one-way air tickets instead of a roundtrip air ticket. Unlike roundtrip air tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g., cancellation or rescheduling) that causes you to make changes to the other flight, you acknowledge that you shall be responsible for any fees incurred for making changes to the unaffected flight, including any difference in fare and change/cancellation penalties.

Not stated here

• The text does not say whether the airline or American Express offers any remedy for the unaffected flight.

Charges & Financial Obligations · Restriction or exception

Bookings may be non-refundable and non-cancellable; changes follow the Supplier’s policy and may carry fees

Your reservation or purchase “may be non-refundable and non-cancellable”. Any cancellation or change, if permitted, is subject to the policies of the Suppliers you selected. If a change is permitted and you make it, you may incur a change fee and any fare difference; if cancellation is permitted, you may incur a cancellation fee whose amount depends on the Supplier’s policy. Vouchers and airline credits issued to you are also subject to the Supplier’s policies.

Supporting quotations

Your reservation/purchase may be non-refundable and non-cancellable. Any cancellation or change, if permitted, is subject to the policies of the Suppliers that you selected.

If permitted, and you choose to change your reservation/purchase, you may incur a change fee and any difference in the fare attributable to the change.

If cancellation is permitted, you may incur a cancellation fee. The amount of the cancellation fee will depend on the policies of the Supplier that you selected.

If issued to you, vouchers and other airline credits are also subject to the policies of the Supplier you selected.

Qualifications & exceptions

• Later sections of the Terms address a 24-hour cancellation policy and California and Washington seller-of-travel refund rules; this passage does not mention them.

Not stated here

• Fee amounts and which bookings are refundable are not stated here.

Cross-references

• contrast (model-proposed): California: sums paid for services not provided are promptly reimbursed on cancellation if the passenger is not at fault — The Reservation section says a booking may be non-refundable and non-cancellable, with cancellation governed by the Supplier’s policy, while the California paragraph says sums paid for services not provided will be promptly reimbursed on a no-fault cancellation. The text does not say how the two interact.

Charges & Financial Obligations · Restriction or exception

With several Suppliers, a non-cancellable part is not refunded and you must cancel the entire trip

If your reservation or purchase is with multiple Suppliers, and one Supplier permits cancellation and another does not, you will not be refunded for the portion of the trip for which cancellations and/or refunds are not permitted, and you will be required to cancel your entire trip.

Supporting quotations

If your reservation/purchase is with multiple Suppliers, and if cancellation is permitted by one Supplier and not the other, you will not be refunded for the portion of your trip for which cancellations and/or refunds are not permitted and you will be required to cancel your entire trip.

Not stated here

• The text does not say whether the portion with a permitted cancellation is refunded or how fees are calculated.

Charges & Financial Obligations · Company practice

Your card may be charged the full cost at booking, with separate statement charges from American Express and Suppliers

At the time of reservation or purchase your credit/charge card may be charged the total cost of the Supplier products and services you selected, including taxes and fees but excluding any mandatory hotel-imposed charges that may apply at check-out. You may see separate charges on your statement from American Express and from the Suppliers you selected.

Supporting quotations

At the time of reservation/purchase, your credit/charge card may be charged the total cost of the Supplier products and services that you selected, including taxes and fees (but excluding any mandatory hotel-imposed charges that may be applicable upon check out from the hotel). You may see separate charges on your credit/charge card statement (from American Express and from the Suppliers you selected).

Qualifications & exceptions

• The wording is “may be charged”.

Not stated here

• The text does not say which charges come from American Express and which from Suppliers.

Charges & Financial Obligations · Restriction or exception

Hotel charges, incidentals and ancillary Supplier fees may be payable in addition; some properties have age rules

If applicable, certain mandatory hotel-imposed charges (for example mandatory resort fees) are payable to the property at check-out. Incidental charges you make during your stay, including parking, phone calls, internet access and room service, are charged by the property at check-out. Your reservation includes only the products and services you selected, so if baggage, seat selection or similar ancillary items were not included, additional Supplier fees may apply. Some properties have age requirements, and the text tells you to check with the property.

Supporting quotations

If applicable, certain mandatory hotel-imposed charges are payable to the property upon check-out (e.g., mandatory resort fees); any incidental charges that you make during your stay will be charged to you by the property upon check-out, including but not limited to parking, phone calls, internet access and room service.

Some properties have age requirements; please check with the property for more information.

Your reservation/purchase includes the products/services that you selected; therefore, if baggage, seat-selection, or similar ancillary items were not included in those products/services, additional Supplier fees may apply.

Not stated here

• Amounts are not stated, and the age requirements are not specified.

Account & Service Control · Restriction or exception

A flight is not confirmed until ticketed; once ticketed the name cannot be changed and tickets are non-transferable

If you purchased a flight, your flight is not confirmed until ticketed. Once ticketed, the name on the ticket cannot be changed and tickets are non-transferable. A separate sentence says that, if permitted, changes to your reservation are subject to the policies of the Supplier you selected.

Supporting quotations

If you purchased a flight, your flight is not confirmed until ticketed. Once ticketed, the name on the ticket cannot be changed and tickets are non-transferable.

Not stated here

• The text does not say when ticketing occurs after purchase.

Legal Rights & Agreement Rules · Restriction or exception

You must promptly review your confirmation or itinerary and immediately tell American Express about any errors

Upon receipt, you are responsible for promptly reviewing your reservation or purchase confirmation or itinerary for accuracy and immediately notifying American Express of any errors.

Supporting quotations

Upon receipt, you are responsible for promptly reviewing your reservation/purchase confirmation/itinerary for accuracy and immediately notifying us of any errors.

Not stated here

• How to notify, any deadline, and the consequence of not notifying are not stated in this sentence.

Legal Rights & Agreement Rules · Restriction or exception

For a cruise you need a government photo ID and proof of citizenship matching the passenger name, or boarding is denied

In addition to the earlier rules, for reservations or purchases of a cruise you must have both (i) a valid government-issued photo ID, such as a driver’s license, and (ii) proof of citizenship, such as a passport. The name on the documents must match the passenger’s name on the reservation. If you do not have the required documents, boarding will be denied. Requirements may vary by Supplier and destination, and the text tells you to contact the Supplier for the requirements of your cruise.

Supporting quotations

In addition to the foregoing, for reservations/purchases of a cruise: You must have both: (i) a valid government-issued photo ID, such as a driver’s license, and (ii) proof of citizenship, such as a passport. The name on the documents must match the passenger’s name on the reservation. If you do not have the required documents, boarding will be denied. Requirements may vary by Supplier and destination; please contact the Supplier for the requirements of the cruise you selected.

Qualifications & exceptions

• “Such as” means the examples (driver’s license, passport) are not an exhaustive list.

Not stated here

• The text does not say whose citizenship is expected or what alternatives exist for passengers who are not citizens of the country the Supplier requires.

Legal Rights & Agreement Rules · Company practice

In an air-inclusive cruise package the cruise line controls the flights; documents arrive 2-3 weeks before departure

If you choose to reserve or purchase an air-inclusive cruise package provided by a cruise line as a package, you acknowledge that (i) the cruise line controls all flight arrangements, including choice of airlines, flight routing and time schedules, and (ii) your travel documents, including the flight itinerary, will be emailed or mailed to you approximately two to three weeks before your departure date. Some air travel may be provided by a public charter, and the text refers you to the operator-participant contract in your travel documents. The price of air travel may depend on factors including departure date, departure city, ship, cabin level, class of airfare and availability.

Supporting quotations

If you choose to reserve/purchase an air-inclusive cruise package provided by a cruise line as a package, you acknowledge that: (i) the cruise line you have selected controls all flight arrangements, including, without limitation, choice of airlines, flight routing, and time schedules, and (ii) your travel documents, including flight itinerary, will be either emailed or mailed to you approximately two to three weeks prior to your departure date.

Some air travel may be provided by a public charter; please refer to the operator-participant contract in your travel documents for additional information. The price of air travel may depend on certain factors including, without limitation, date of departure, departure city, ship, cabin level, class of airfare, and availability.

Not stated here

• The operator-participant contract was not supplied.

Account & Service Control · Restriction or exception

You warrant you are of legal age, will supervise minors using your account, and that your information is true

You represent and warrant that (i) you are of sufficient legal age to use a Travel Channel and to create binding legal obligations for any liability you may incur from its use, (ii) you shall supervise all use of a Travel Channel by minors using your name or account, and (iii) all information supplied by you, or using your name or account, in using a Travel Channel is true, complete and correct.

Supporting quotations

You represent and warrant that: (i) you are of sufficient legal age to use a Travel Channel and to create binding legal obligations for any liability you may incur as a result of the use of a Travel Channel, (ii) you shall supervise all use of a Travel Channel by minors using your name or account, and (iii) all information supplied by you, or using your name or account, in using a Travel Channel is true, complete, and correct.

Not stated here

• No minimum age is stated; “sufficient legal age” is not defined.

Charges & Financial Obligations · Restriction or exception

You are financially responsible for all use under your name or account and must pass terms on to those you book for

You acknowledge and agree that (i) you are financially responsible for all uses of a Travel Channel by you and those using your name and/or account, (ii) some Suppliers have age requirements and restrictions for their products and services, and you and those traveling with you are subject to them, and (iii) if you make a reservation or purchase for other people, you shall inform those people of all terms, conditions, policies, rules and restrictions that apply.

Supporting quotations

You acknowledge and agree that: (i) you are financially responsible for all uses of a Travel Channel by you and those using your name and/or account, (ii) some Suppliers have age requirements and restrictions for use of their products and services, and you and those traveling with you shall be subject to such requirements and restrictions, and (iii) should you make a reservation and/or purchase for other people, you shall inform those people of all terms, conditions, policies, rules, and restrictions that apply.

Not stated here

• The text does not limit the financial responsibility to authorized use.

Legal Rights & Agreement Rules · Restriction or exception

American Express says it is only a sales agent for Suppliers and is not liable for their acts, errors or omissions

In capital letters, the Terms say Suppliers are independent contractors and not employees or agents of American Express, which acts solely as a sales agent for Suppliers. American Express says it is not liable for the acts, errors, omissions, representations, warranties or negligence of any Supplier, or for personal injury, death, property damage, loss, accident, delay, irregularity or any other damages or expenses resulting from them, directly or indirectly. It also says it has no responsibility for additional expense, omissions, misrepresentations, mistakes, delays or re-routing caused by acts or omissions of any Supplier or governmental authority. The earlier section calls American Express an “intermediary agent and independent third party between you and the Suppliers”; the text does not reconcile that wording with “sales agent for Suppliers”.

Supporting quotations

SUPPLIERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF US. WE ACT SOLELY AS A SALES AGENT FOR SUPPLIERS AND ARE NOT LIABLE FOR, INCLUDING, WITHOUT LIMITATION, THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT, DELAY, IRREGULARITY, OR ANY OTHER DAMAGES OR EXPENSES RESULTING THEREFROM, WHETHER DIRECTLY OR INDIRECTLY.

WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, MISREPRESENTATIONS, MISTAKES, DELAYS, OR RE-ROUTING CAUSED BY ANY ACTS OR OMISSIONS OF ANY SUPPLIER OR GOVERNMENTAL AUTHORITY.

we act as an intermediary agent and independent third party between you and the Suppliers

Qualifications & exceptions

• This passage is about Suppliers’ acts and omissions; it does not say how it applies to American Express’s own conduct.

Not stated here

• The text does not explain how “sales agent for Suppliers” fits with “intermediary agent” in the earlier section.

Cross-references

• contrast (model-proposed): American Express says it is an intermediary agent with no partnership, agency or fiduciary tie to you — The Relationship section calls American Express an intermediary agent and independent third party between you and the Suppliers, while the Disclaimer section says it acts solely as a sales agent for Suppliers. The text does not reconcile the two descriptions.

Charges & Financial Obligations · Restriction or exception

No liability or refund for events beyond American Express’s direct control, except where consumer law requires

American Express says it has no liability and will make no refund in the event of any delay, cancellation, overbooking, schedule change, cessation of operations, labor dispute, strike, acts of government, acts of war, terrorism, disease, quarantine, weather or other force majeure event or other cause beyond its direct control, “except where required under applicable consumer protection law”. The parenthetical closes the sentence; the text does not say which laws or refunds it reaches, so this card does not claim that any refund is available.

Supporting quotations

WE SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, SCHEDULE CHANGE, CESSATION OF OPERATIONS, LABOR DISPUTE, STRIKE, ACTS OF GOVERNMENT, ACTS OF WAR, TERRORISM, DISEASE, QUARANTINE, WEATHER OR OTHER FORCE MAJEURE EVENT OR OTHER CAUSE BEYOND OUR DIRECT CONTROL (EXCEPT WHERE REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW).

Qualifications & exceptions

• The exception is stated for “applicable consumer protection law” only.

Not stated here

• Which refunds consumer protection law requires are not stated; later California and Washington seller-of-travel statements give refund rules for those states.

Legal Rights & Agreement Rules · Restriction or exception

Claims about Supplier products lie against the Supplier, not American Express; offering a product is no endorsement

The fact that American Express includes or offers a product or service on or through a Travel Channel does not mean it endorses or recommends it. All claims regarding products and services offered through a Travel Channel are limited to claims against the Supplier, not against American Express. American Express disclaims liability, whether based on contract, tort, strict liability or otherwise, including direct, punitive, special, consequential, incidental or indirect damages, in connection with products or services provided by any Supplier through a Travel Channel, and the passage states that you “exonerate” American Express from liability for the same. The passage concerns Supplier products and services; it does not say how it applies to American Express’s own services or information.

Supporting quotations

THE FACT THAT WE INCLUDE OR OFFER ANY PRODUCT OR SERVICE ON/THROUGH A TRAVEL CHANNEL DOES NOT MEAN WE ARE ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE. ANY AND ALL CLAIMS REGARDING ANY PRODUCTS AND SERVICES OFFERED THROUGH A TRAVEL CHANNEL ARE LIMITED TO CLAIMS AGAINST THE SUPPLIER OF SUCH PRODUCTS AND SERVICE, NOT AGAINST AMERICAN EXPRESS.

WE HEREBY DISCLAIM ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH PRODUCTS OR SERVICES PROVIDED BY ANY SUPPLIER THROUGH A TRAVEL CHANNEL, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, DEATH, PROPERTY DAMAGE, LOSS, ACCIDENT, DELAY, IRREGULARITY OR ANY OTHER DAMAGES OR EXPENSES WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENCE, OR OTHERWISE, OF SUCH SUPPLIERS AND YOU HEREBY EXONERATE US FROM ANY LIABILITY WITH RESPECT TO THE SAME.

Not stated here

• The passage does not say whether claims about American Express’s own conduct are covered.

Legal Rights & Agreement Rules · Context

American Express strongly recommends reviewing government travel advisories before booking and traveling

The Terms say travel to certain destinations may involve more risk than travel to others, and that American Express strongly recommends you review current government-issued travel advisories, warnings, requirements, restrictions and public health directives before making a reservation and before traveling. This is stated as a recommendation, not as a requirement.

Supporting quotations

Travel to certain destinations may involve more risk than travel to other destinations; therefore, we strongly recommend that you review current government-issued travel advisories, warnings, requirements, restrictions, and public health directives prior to making a reservation and prior to traveling.

Qualifications & exceptions

• The wording is “strongly recommend”.

Legal Rights & Agreement Rules · Restriction or exception

You assume all risks of travel; information from American Express does not replace your own assessment

You acknowledge and agree that you assume all risks imposed by travel, and that information provided by American Express, Service Providers or these Terms does not replace your own judicious risk assessment, based on your personal circumstances and prudent health, safety and security considerations.

Supporting quotations

You acknowledge and agree that you assume all risks imposed by travel and that any information provided by us, Service Providers, or these Terms shall not replace your own judicious risk assessment, based on your personal circumstances, and that of prudent health, safety, and security considerations.

Not stated here

• The sentence does not say how this assumption of risk interacts with the liability disclaimers elsewhere in the Terms.

Legal Rights & Agreement Rules · Restriction or exception

You are responsible for travel documents, entry and exit rules and Supplier requirements such as health forms

You acknowledge and agree that you are responsible for determining and obtaining proper documents for travel, domestic and international; for complying with all entry/exit and other governmental travel requirements or restrictions applicable to, from or within your destinations; and for complying with all Supplier requirements for travel, including completing health forms and providing any required health test results. The paragraph ends by pointing to U.S. government websites (State Department, TSA, DOT, FAA, CDC, Treasury OFAC and CBP), which were not supplied.

Supporting quotations

You acknowledge and agree that you are responsible for determining and obtaining proper documents for travel, for both domestic and international destinations, complying with all entry/exit and other governmental travel requirements or restrictions applicable to/from/within your destinations of travel, and complying with all Supplier requirements for travel, including, without limitation, completion of health forms and provision of any required health test results.

For more information, please visit:

Not stated here

• The linked government pages were not supplied, so what they require is not described here.

Legal Rights & Agreement Rules · Context

Some countries may require aircraft cabin insecticide treatment on inbound foreign flights

You acknowledge that some countries may require aircraft cabin insecticide treatment for in-bound foreign flights. The text says a list of such countries is available at a linked government page, which was not supplied.

Supporting quotations

You acknowledge that some countries may require aircraft cabin insecticide treatment for in-bound foreign flights.

Not stated here

• The list of countries is on a linked page that was not supplied.

Legal Rights & Agreement Rules · Restriction or exception

American Express cannot guarantee the accuracy of travel information, including from consultants or websites

Because of frequent changes, American Express says it cannot guarantee the accuracy of any information provided on or through a Travel Channel, including information from its third-party travel consultants or any government or third-party websites it may reference. It expressly disclaims any and all liability for inaccurate or incomplete information contained on those sites or provided by American Express itself.

Supporting quotations

Due to frequent changes we cannot guarantee the accuracy of any information provided on/through a Travel Channel, including, without limitation, provided by our third party travel consultants or any government or third-party websites we may reference, and we expressly disclaim any and all liability for inaccurate or incomplete information contained on such sites or provided by us.

Qualifications & exceptions

• The disclaimer reaches information “provided by us” as well as information on referenced sites.

Legal Rights & Agreement Rules · Restriction or exception

Offering travel to a destination does not mean it is safe or advisable; no liability for resulting losses

In capital letters, the Terms say that by offering travel to particular destinations neither American Express nor any Service Provider represents or warrants that travel to the destination is safe, advisable or without risk, and neither is liable for any damages or losses that may result from travel to those destinations.

Supporting quotations

BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, NEITHER WE NOR ANY SERVICE PROVIDER REPRESENTS OR WARRANTS THAT TRAVEL TO SUCH DESTINATIONS IS SAFE, ADVISABLE, OR WITHOUT RISK, AND NEITHER WE NOR ANY SERVICE PROVIDER IS LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

Not stated here

• This passage states no exception to the disclaimer; whether law limits it is not shown here.

Legal Rights & Agreement Rules · Restriction or exception

By traveling to Cuba you attest to being a U.S. citizen or resident with authorized travel in an approved category

By traveling to Cuba, you attest that you are a U.S. citizen or U.S. resident and that your travel is authorized under the Cuban Assets Control Regulations and falls within one of the approved categories. The text points to Part 515.560 of those regulations for the categories. You acknowledge that travel for traditional tourist activities is prohibited, and you are expected to maintain a full schedule of activities related to your category of travel.

Supporting quotations

Cuba travel: By traveling to Cuba, you are attesting that you are a U.S. citizen or U.S. resident and your travel to Cuba is authorized under the Cuban Assets Control Regulations and falls within one of the approved categories.

You acknowledge that travel for traditional tourist activities is prohibited, and you are expected to maintain a full schedule of activities related to your category of travel.

Qualifications & exceptions

• The attestation is triggered “by traveling to Cuba”.

Not stated here

• The regulations and the linked Treasury pages were not supplied; the categories are not listed here.

Legal Rights & Agreement Rules · Restriction or exception

An insurance policy is void if providing a benefit would violate U.S. economic or trade sanctions

In the Cuba travel paragraph, the Terms say that if providing any insurance benefit would violate U.S. economic or trade sanctions, then the policy will be void. The sentence does not say which insurance product it means.

Supporting quotations

If providing any insurance benefit would violate U.S. economic or trade sanctions, then the policy will be void.

Not stated here

• The text does not say which insurance policy this refers to or who provides it.

Legal Rights & Agreement Rules · Restriction or exception

The Travel Channel and its content are provided “as is”, with warranties disclaimed to the extent permitted by law

In capital letters, and “to the extent permitted by law” and without limiting the disclaimers in the Terms of Service, American Express and its Service Providers make no warranty of any kind regarding a Travel Channel and anything provided on or through it, all of which is provided “as is”. They do not warrant the accuracy, completeness, currency or reliability of content, data or information (much of which is provided by Service Providers or Suppliers) and expressly disclaim all warranties and conditions, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or from a course of dealing or usage of trade. Neither warrants that a Travel Channel, its servers or email from them are free of viruses or other harmful components. The paragraph adds that some states do not allow disclaiming implied warranties, so the disclaimer may not apply to you, and that such warranties give you specific rights which may vary from state to state.

Supporting quotations

TO THE EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING THE GENERALITY OF ANY DISCLAIMERS SET FORTH IN OUR TERMS OF SERVICE, WE AND OUR SERVICE PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING A TRAVEL CHANNEL AND ANYTHING PROVIDED ON OR THROUGH A TRAVEL CHANNEL, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS.

WE AND OUR SERVICE PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT, DATA, OR INFORMATION FOUND ON/THROUGH A TRAVEL CHANNEL (MUCH OF WHICH IS PROVIDED BY SERVICE PROVIDERS OR SUPPLIERS), AND WE AND OUR SERVICE PROVIDER 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 WE NOR ANY SERVICE PROVIDER WARRANTS THAT A TRAVEL CHANNEL, ITS SERVERS, OR ANY E-MAIL SENT FROM US 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.

Qualifications & exceptions

• The disclaimer applies “to the extent permitted by law” and may not apply where a state does not allow disclaiming implied warranties.

Not stated here

• The Terms of Service referred to were not supplied; the last sentence about “such warranties” giving specific rights is not explained further.

Legal Rights & Agreement Rules · Restriction or exception

American Express and Service Providers disclaim liability for computer damage and a broad range of losses and damages

In capital letters, and without limiting other limitations of liability in the Terms or the Terms of Service, American Express and its Service Providers assume no responsibility and are not liable for damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of a Travel Channel or your downloading of any materials from it. They also say that in no event are they liable for any injury, loss, claim, damage, or special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, arising out of or connected with (A) any use of a Travel Channel or its content, (B) any failure or delay, including use of or inability to use any component of a Travel Channel for reservations or ticketing, or (C) performance or non-performance by American Express or any Service Provider, even if advised of the possibility of damages. The paragraph ends by saying some states do not allow such a limitation of liability, so it may not apply to you.

Supporting quotations

WE AND OUR 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 OR USE OF A TRAVEL CHANNEL OR YOUR DOWNLOADING OF ANY MATERIALS, INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM A TRAVEL CHANNEL.

IN NO EVENT SHALL WE 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 A TRAVEL CHANNEL OR CONTENT FOUND THEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OF OR INABILITY TO USE ANY COMPONENT OF A TRAVEL CHANNEL FOR RESERVATIONS OR TICKETING), OR (C) THE PERFORMANCE OR NON-PERFORMANCE BY US 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.

Qualifications & exceptions

• The opening clause says it is without limiting any other limitation of liability in the Terms or the Terms of Service; the later liability cap is a separate paragraph.

Not stated here

• The Terms of Service were not supplied.
• Which states do not allow the limitation is not stated.

Charges & Financial Obligations · Restriction or exception

If liability is found despite the exclusions, the cap is the greater of transaction fees or US$100.00

If, notwithstanding the exclusions above, American Express or any Service Provider is found liable for any loss or damage arising out of or connected with any of the above or any access to or use of a Travel Channel or its content, “the liability of each of us and Service Providers shall in no event exceed, in the aggregate, the greater of: (i) the transaction fees assessed for your transactions through a Travel Channel, or (ii) US$100.00.” The wording says “each of us and Service Providers”, so the cap reads as applying to each party; the text does not say whether it is a single shared cap.

Supporting quotations

If, notwithstanding the foregoing, we 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 or any access to or uses of a Travel Channel or its content, the liability of each of us and Service Providers shall in no event exceed, in the aggregate, the greater of: (i) the transaction fees assessed for your transactions through a Travel Channel, or (ii) US$100.00.

Not stated here

• “Transaction fees assessed for your transactions” is not defined, and the text does not say whether the price of travel is included.
• Whether the cap is per party or shared is not stated beyond the words “each of us and Service Providers”.

Account & Service Control · Restriction or exception

American Express may terminate or restrict your access to any part of a Travel Channel at any time, without notice

In its sole discretion, in addition to any other rights or remedies and without any liability whatsoever, American Express may at any time and without notice to you terminate or restrict your access to and/or use of any component of a Travel Channel.

Supporting quotations

In our sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we may, at any time and without notice to you, terminate or restrict your access to and/or use of any component of a Travel Channel.

Not stated here

• The text gives no reasons, process or appeal for termination or restriction, and does not say what happens to existing bookings.

Use & Processing · Company practice

You consent to personal information being sent across borders as necessary for processing

By providing personal information through a Travel Channel, you acknowledge and agree that you consent to transmission of that information over international borders as necessary for processing in accordance with American Express’s standard business practices and applicable law and regulations.

Supporting quotations

You acknowledge and agree that by providing us with any personal information through a Travel Channel, you consent to the transmission of such personal information over international borders as necessary for processing in accordance with our standard business practices and applicable law and regulations.

Qualifications & exceptions

• The consent is limited to what is “necessary for processing”.

Not stated here

• The countries involved, the categories of personal information and retention are not stated in this paragraph.

Sharing & Disclosure · Company practice

Personal information may be shared with Service Providers and Suppliers to complete transactions you requested

American Express may also share your personal information with third parties such as Service Providers and/or Suppliers to process or complete transactions that you have requested. For how it treats personal information the text points to its Privacy Disclosures, and for how a Service Provider or Supplier may use your information it points to their own privacy policies. Neither was supplied.

Supporting quotations

We may also share your personal information with third parties such as Service Providers and/or Suppliers to process or complete transactions that you have requested.

To learn more about how a Service Provider or Supplier may use your information, please see their respective privacy policies.

Qualifications & exceptions

• The sharing is stated with the purpose of processing or completing requested transactions; “third parties such as” means the recipients are not limited to those named.

Not stated here

• The Privacy Disclosures and the Service Providers’ and Suppliers’ privacy policies were not supplied.

Legal Rights & Agreement Rules · Restriction or exception

You must defend and indemnify American Express and Service Providers against third-party claims, where law permits

To the extent permitted by law, you shall defend and indemnify American Express, any Service Providers, and each of their parents, subsidiaries, affiliates, officers, directors, employees and agents from and against any and all claims, damages, losses, liabilities, causes of action or demands (including reasonable legal and accounting fees) brought by third parties as a result of, caused by, related to or arising out of your access to and/or use of a Travel Channel.

Supporting quotations

To the extent permitted by law, you shall defend and indemnify us and any Service Providers, and each of our respective parents, subsidiaries, affiliates and each of our officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, causes of action, or demands (including reasonable legal and accounting fees) brought by third parties as a result of, caused by, related to or arising out of your access to and/or use of a Travel Channel.

Qualifications & exceptions

• The indemnity applies “to the extent permitted by law” and to claims “brought by third parties”.

Not stated here

• The paragraph states no carve-out for claims caused by American Express’s or a Service Provider’s own conduct; whether one applies is not shown here.

Legal Rights & Agreement Rules · Context

Terms for six listed travel programs may apply to your booking and are incorporated into these Terms as applicable

The Terms say that the terms and conditions of the following programs may be applicable to your reservation or purchase through a Travel Channel and are incorporated and form part of these Terms, as applicable: Fine Hotels + Resorts, The Hotel Collection, Platinum Member Airfares, Cruise Privileges Program, Platinum Destinations Vacations, and Membership Rewards Pay with Points. The program terms are behind links and were not supplied, so what they say is not described here.

Supporting quotations

The following terms and conditions may be applicable to your reservation or purchase through a Travel Channel and are incorporated herein and form part of these Terms, as applicable:

Fine Hotels + Resorts®

The Hotel Collection

Platinum Member Airfares™

Cruise Privileges Program

Platinum Destinations® Vacations

Membership Rewards® Pay with Points

Qualifications & exceptions

• The wording is “may be applicable” and “as applicable”.

Not stated here

• The linked program terms were not supplied.
• The text does not say which program applies to which booking or how conflicts with these Terms are resolved.

Legal Rights & Agreement Rules · Context

The Terms give a New York address and phone number and California and Washington seller-of-travel registration numbers

Under the heading “RECOVERY FUND FOR CONSUMERS DAMAGED BY SELLERS OF TRAVEL”, the Terms give the business address and phone number for American Express Travel Related Services Company, Inc.: 200 Vesey Street, New York, NY 10281, and 212-640-2000. They give seller of travel registration numbers of California CST#1022318 and Washington UBI#600-469-694. In the saved text this sentence is split across two blocks (“our phone” ends one and “number is 212-640-2000, respectively.Our seller…” begins the next, with no space after the period); the card reads them together.

Supporting quotations

RECOVERY FUND FOR CONSUMERS DAMAGED BY SELLERS OF TRAVEL

The business address and phone number for American Express Travel Related Services Company, Inc. is 200 Vesey Street, New York, NY 10281 and our phone

number is 212-640-2000, respectively.Our seller of travel registration numbers are California CST#1022318 and Washington UBI#600-469-694.

Not stated here

• The text does not say which states’ rules the registrations support beyond the California and Washington paragraphs that follow.

Charges & Financial Obligations · Company commitment

California: sums paid for services not provided are promptly reimbursed on cancellation if the passenger is not at fault

The California paragraph says that upon cancellation of the transportation or travel services, where the passenger is not at fault and has not cancelled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly reimbursed to the passenger, unless the passenger otherwise advises the seller of travel in writing after cancellation. The provision does not apply where the seller of travel has remitted the customer’s payment to another registered wholesale seller of travel or a carrier without obtaining a refund and that other provider fails to provide the agreed transportation or service. In that situation the initial seller of travel must give the passenger a written statement with bank records establishing the disbursement of the payment and, if it went to a registered wholesaler, proof of that wholesaler’s current registration.

Supporting quotations

California: Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not cancelled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly reimbursed to the passenger unless the passenger otherwise advises the seller of travel in writing, after cancellation.

This provision does not apply where the seller of travel has remitted the payment from customer to another registered wholesale seller of travel or a carrier, without obtaining a refund and such other provider fails to provide the agreed-upon transportation or service. In this situation, the initial seller of travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the customer payment, and if disbursed to a registered wholesaler of travel, proof of current registration of that wholesaler.

Qualifications & exceptions

• The paragraph is labelled “California”.

Not stated here

• The paragraph does not say what ties a booking to California (for example the traveler’s residence).
• How it fits with the earlier statement that bookings “may be non-refundable and non-cancellable” is not explained.

Cross-references

• contrast (model-proposed): Bookings may be non-refundable and non-cancellable; changes follow the Supplier’s policy and may carry fees — The Reservation section says a booking may be non-refundable and non-cancellable, with cancellation governed by the Supplier’s policy, while the California paragraph says sums paid for services not provided will be promptly reimbursed on a no-fault cancellation. The text does not say how the two interact.

Charges & Financial Obligations · Context

California: American Express holds a US$100,000 bond and is not in the California Travel Consumer Restitution Fund

The Terms say California law requires certain sellers of travel to have a trust account or bond. “Amex” (a short form the Terms do not define; they define “American Express”) has a bond issued by Travelers Casualty and Surety Company of Connecticut in the amount of $100,000, and is not a participant in the California Travel Consumer Restitution Fund.

Supporting quotations

California law requires certain sellers of travel to have a trust account or bond. Amex has a bond issued by Travelers Casualty and Surety Company of Connecticut in the amount of $100,000. Amex is not a participant in the California Travel Consumer Restitution Fund.

Not stated here

• The text does not say what the bond or the absence from the fund means for a customer’s recovery.

Charges & Financial Obligations · Company commitment

Washington: if the seller of travel cancels, sums for services not performed are refunded within 30 or 14 days

The Washington State paragraph says that 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 will be refunded within 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, returned within 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. The paragraph covers cancellation by the seller of travel; it does not say what applies when the purchaser cancels.

Supporting quotations

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 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 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.

Qualifications & exceptions

• The paragraph is labelled “Washington State”.

Not stated here

• The paragraph does not say what ties a booking to Washington.

Charges & Financial Obligations · Context

A charge may show American Express Travel, but the Supplier or Service Provider is the merchant of record

A charge on your Card statement for a reservation or purchase may reflect American Express Travel, AmexTravel.com or another similar reference to American Express. If the charge is for a reservation with a Supplier or Service Provider, that Supplier or Service Provider is the merchant of record.

Supporting quotations

While a charge on your Card statement for a reservation/purchase may reflect American Express Travel, AmexTravel.com, or other similar reference to American Express, if the charge is for a reservation with a Supplier or Service Provider, then that Supplier or Service Provider is the merchant of record.

Not stated here

• The text does not explain what being merchant of record means for refunds or disputes.

Charges & Financial Obligations · Restriction or exception

The 24-hour refund policy covers only cancellations within 24 hours of booking and before departure

The 24-hour refund policy applies only to cancellations made within 24 hours of booking and before the flight’s scheduled departure. Passengers who do not cancel and fail to board their flight (“no-shows”) are not eligible for refunds under this policy and lose the full value of their ticket, subject to airline fare rules. The passage limits the policy but does not itself state what is refunded or which bookings qualify; it speaks of flights and tickets and does not say whether the policy applies to hotels, cruises or other travel.

Supporting quotations

The 24-hour refund policy applies only to cancellations made within 24 hours of booking and prior to the flight’s scheduled departure.

Passengers who do not cancel their reservation and fail to board their flight (“no-shows”) are not eligible for refunds under this policy and will lose the full value of their ticket, subject to airline fare rules.

Qualifications & exceptions

• “Subject to airline fare rules” follows the no-show consequence; its exact reach is not spelled out.

Not stated here

• What the policy refunds and where it is defined are not stated here; the earlier Reservation and Purchase section does not mention it.

Charges & Financial Obligations · Context

Expedia, Inc. is a named online travel agency; payment goes to it or the Supplier, whichever is merchant of record

Online travel agency Service Providers include Expedia, Inc. (“OTA”), a business organized and operating in the United States that American Express has selected to give you the ability to search for and book certain travel services. Payment for reservations or purchases made through OTA is made to OTA if OTA is the merchant of record, or to the applicable Supplier if the Supplier is the merchant of record.

Supporting quotations

Online travel agency Service Providers include Expedia, Inc. (“OTA”), which is a business organized and operating in the United States that has been selected by us to provide you with the ability to search for and book certain travel services. Payment for reservations/purchases made through OTA shall be made to OTA, if OTA is the merchant of record, or to the applicable Supplier, if the Supplier is the merchant of record.

Qualifications & exceptions

• The wording is “include”, so Expedia, Inc. is one example of online travel agency Service Providers.

Not stated here

• Whether OTA’s own terms apply to bookings through it is not stated here.

Legal Rights & Agreement Rules · Context

Expedia, Inc.’s seller-of-travel registrations and US$50,000 bond are listed; registration is not state approval

The Terms list the OTA’s seller of travel registration numbers (California 2029030-50, Florida ST-31901, Hawaii TAR-5461, Washington 601975803) and say 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 has a bond issued by Fidelity and Deposit Company of Maryland in the amount of US$50,000. OTA is not a participant in the “TCRF”, an abbreviation the text does not define (the California fund was named in full in the earlier paragraph).

Supporting quotations

The OTA's seller of travel registration numbers are: *California: 2029030-50; Florida: ST-31901; Hawaii: TAR-5461; Washington: 601975803. *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 has a bond issued by Fidelity and Deposit Company of Maryland in the amount of US$50,000. OTA is not a participant in the TCRF.

Not stated here

• “TCRF” is not defined; whether it means the California Travel Consumer Restitution Fund named earlier is not stated.

Legal Rights & Agreement Rules · Company practice

The Travel Channel, fees and these Terms may be changed at any time; continued use is conditioned on the terms in force

American Express and/or Service Providers may, at any time, modify (i) a Travel Channel, including eliminating or discontinuing any content or feature, (ii) any fees or charges for use of a Travel Channel, and (iii) these Terms. Your continued use of a Travel Channel is conditioned upon the terms and conditions in force at the time of your use.

Supporting quotations

We and/or Service Providers may, at any time, modify: (i) a Travel Channel, including eliminating or discontinuing any content on or feature of a Travel Channel, (ii) any fees or charges for use of a Travel Channel, and (iii) these Terms. Your continued use of a Travel Channel shall be conditioned upon the terms and conditions in force at the time of your use.

Qualifications & exceptions

• Both American Express and Service Providers are named as able to modify.

Not stated here

• No notice method or advance period is described in this passage, and it does not say how changes affect existing bookings.

Legal Rights & Agreement Rules · Restriction or exception

If part of the Terms is invalid the rest stays in effect, and delay in enforcing a provision does not waive it

If any part of the Terms is found invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions are not affected or impaired. American Express’s failure or delay in enforcing any provision does not waive its right to enforce the same or any other provision in the future.

Supporting quotations

If any part of these Terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. Our failure or delay in enforcing any provision of these Terms does not waive our right to enforce the same or any other provision(s) in the future.

Not stated here

• The non-waiver sentence refers to “our” failure or delay; it does not mention waiver by you.

Legal Rights & Agreement Rules · Restriction or exception

If an American Express Card paid for any part, Claims follow the Cardmember Agreement’s dispute resolution section

The arbitration section begins with a routing rule. If any party used an American Express Card to pay, in whole or in part, “tentatively or otherwise”, for the products or services under these Terms, any and all disputes, claims or controversies arising out of or related to these Terms (“Claims”) are subject to the dispute resolution section in the Cardmember Agreement for that Card. If no American Express Card was used, in whole or in part, tentatively or otherwise, resolution of any Claims is subject to the terms set out in the remainder of this section and the other portions of these Terms, as applicable. The Cardmember Agreement was not supplied, so its dispute resolution terms are not described here. The remaining paragraphs of this section (election of arbitration, procedure and costs) are the “remainder of this Section”; the text does not say whether they also apply when a Card was used.

Supporting quotations

The parties to these Terms agree that to the extent that any party used an American Express Card to pay, in whole or in part, tentatively or otherwise, for the products and/or services provided for pursuant to this Terms, any and all disputes, claims, or controversies arising out of or related to these Terms ("Claims") shall be subject to the dispute resolution section set forth in the Cardmember Agreement for the aforementioned Card used.

To the extent no American Express Card was used, in whole or in part, tentatively or otherwise, for the products and/or services provided for pursuant to these Terms, resolution of any Claims shall be subject to the terms and conditions set for in the remainder of this Section and the other portions of these Terms, as applicable.

Qualifications & exceptions

• The source wording “set for in the remainder of this Section” is kept as written.

Not stated here

• The Cardmember Agreement’s dispute resolution section was not supplied.
• The text does not say whether the later arbitration paragraphs also apply when a Card was used.

Legal Rights & Agreement Rules · Restriction or exception

Either party may elect individual binding arbitration, which excludes court, jury and class or representative actions

In the part of the section that applies when no American Express Card was used, you or American Express may elect to resolve any Claim arising from these Terms by individual, binding arbitration administered by the AAA or JAMS, as selected by the party electing arbitration. If any party chooses arbitration, neither side has the right to litigate that Claim in court or to have a jury trial, and neither has the right to participate in a representative capacity or as a member of any class pertaining to any Claim subject to arbitration. Any arbitration hearing that you attend takes place in New York, New York unless the parties agree to an alternate venue. Claims may not be joined or consolidated unless you and American Express agree in writing.

Supporting quotations

You or we may elect to resolve any Claim arising from these Terms by individual, binding arbitration administered by the AAA or JAMS, as selected by the party electing arbitration. If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any Claim subject to arbitration. Any arbitration hearing that you attend shall take place in New York, New York unless the parties agree to an alternate venue.

Claims may not be joined or consolidated unless you and we agree in writing.

Qualifications & exceptions

• Applies as the “remainder of this Section” when no American Express Card was used; the opening paragraph routes Card-paid Claims to the Cardmember Agreement.

Not stated here

• “AAA” and “JAMS” are not expanded and their rules were not supplied.
• This section does not describe an opt-out; whether another document offers one is not shown here.

Legal Rights & Agreement Rules · Restriction or exception

The arbitrator may award any court relief but cannot alter the Terms; a party enforcing this section recovers its costs

The arbitrator has the power to award any relief that would have been available in court, including equitable relief such as an injunction or specific performance, and, cumulative with all other remedies, shall grant specific performance whenever possible. The arbitrator has no power to alter the Terms or any of their provisions, including this section, nor to decide any matter or make any award except as provided in this section. Either side may seek equitable relief in aid of arbitration before arbitration on the merits to preserve the status quo. This section is to be enforced by any court of competent jurisdiction, and the party seeking enforcement is entitled to an award of all costs, including legal fees, to be paid by the party against whom enforcement is ordered. That cost rule applies to whichever side seeks enforcement.

Supporting quotations

The arbitrator shall have the power and authority to award any relief that would have been available in court, including equitable relief (e.g., injunction, specific performance) and, cumulative with all other remedies, shall grant specific performance whenever possible.

The arbitrator shall have no power or authority to alter these Terms or any of its separate provisions, including this section, nor to determine any matter or make any award except as provided in this section.

Either you or we may seek equitable relief in aid of arbitration prior to arbitration on the merits to preserve the status quo pending completion of such process.

This section shall be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, including legal fees, to be paid by the party against whom enforcement is ordered.

Qualifications & exceptions

• The enforcement-cost rule applies to the party seeking enforcement of this section, whichever side that is.

Not stated here

• How the enforcement-cost rule fits with the equal sharing of arbitration costs in the last paragraph is not explained.

Cross-references

• contrast (model-proposed): Both parties share arbitration costs equally and each bears its own attorney’s fees — Arbitration costs are shared equally and each side bears its own attorney’s fees, while the enforcement paragraph awards all costs including legal fees to the party seeking enforcement of the arbitration section. The text does not say how the two rules fit together.

Legal Rights & Agreement Rules · Restriction or exception

Injunctive relief sought solely to enforce confidentiality or IP rights is outside the arbitration requirements

Injunctive relief sought solely to enforce the confidentiality or intellectual property rights arising under these Terms is not subject to the requirements of this section. The sentence does not say where such relief may be sought, and it applies only when the relief is sought solely for those two kinds of rights.

Supporting quotations

Injunctive relief sought solely to enforce the confidentiality or intellectual property rights arising under these Terms is not subject to the requirements of this section.

Qualifications & exceptions

• Limited to relief sought “solely” for rights “arising under these Terms”.

Not stated here

• The text does not define “the requirements of this section” or say which court may hear such a request.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration is governed by the Federal Arbitration Act and New York law, with a reasoned opinion on timely request

The arbitration section says it is made pursuant to a transaction involving interstate commerce and is governed by the Federal Arbitration Act. The arbitrator applies New York law and applicable statutes of limitations and honors claims of privilege recognized by law. On evidence and discovery the arbitrator applies the rules of the selected arbitration organization, not federal or state rules of civil procedure or evidence. At the timely request of a party, the arbitrator provides a written and reasoned opinion explaining the award. The decision is final and binding, except for any rights of appeal provided by the FAA.

Supporting quotations

This section is made pursuant to a transaction involving interstate commerce and is governed by the Federal Arbitration Act. The arbitrator shall apply New York law and applicable statutes of limitations and shall honor claims of privilege recognized by law.

The arbitrator shall apply the rules of the arbitration organization selected, as applicable to matters relating to evidence and discovery, not the federal or any state rules of civil procedure or rules of evidence. At the timely request of a party, the arbitrator shall provide a written and reasoned opinion explaining his/her award. The arbitrator’s decision shall be final and binding, except for any rights of appeal provided by the FAA.

Qualifications & exceptions

• Part of the “remainder of this Section” that applies when no American Express Card was used, according to the opening paragraph of the arbitration section.

Not stated here

• The text does not say which arbitration organization’s rules apply until a party selects AAA or JAMS.

Legal Rights & Agreement Rules · User right or choice

Claims of US$100,000 or more, or seeking an injunction, get added discovery and an appeal to a three-arbitrator panel

If a Claim is for US$100,000 or more, or includes a request for injunctive relief, (a) you and American Express are entitled to reasonable document and deposition discovery, including reasonable discovery of electronically stored information as approved by the arbitrator (who considers whether the discovery sought from one party is proportional to the discovery received by the other), and no less than five depositions per party; and (b) within sixty days of the initial award either party can file a notice of appeal to a three-arbitrator panel administered by the selected arbitration organization, which reconsiders de novo any aspect requested of the award and whose decision is final and binding. If more than sixty days after the written arbitration decision the losing party fails to satisfy or comply with an award or to file a notice of appeal, if applicable, the prevailing party may seek judicial confirmation of the award in any state or federal court “where you or assets are located”. That last phrase reads as written in the source and is not corrected here.

Supporting quotations

If a Claim is for US$100,000 or more, or includes a request for injunctive relief, (a) you and we shall be entitled to reasonable document and deposition discovery, including (x) reasonable discovery of electronically stored information, as approved by the arbitrator, who shall consider, inter alia, whether the discovery sought from one party is proportional to the discovery received by the other party, and (y) no less than five depositions per party;

(b) within sixty (60) days of the initial award either party can file a notice of appeal to a three-arbitrator panel administered by the selected arbitration organization, which shall reconsider de novo any aspect requested of that award and whose decision shall be final and binding.

If more than sixty (60) days after the written arbitration decision is issued the losing party fails to satisfy or comply with an award or file a notice of appeal, if applicable, the prevailing party shall have the right to seek judicial confirmation of the award in any state or federal court where you or assets are located.

Qualifications & exceptions

• The added discovery and appeal rights apply only to Claims of US$100,000 or more or including a request for injunctive relief.

Not stated here

• The phrase “where you or assets are located” is unclear as written (for example whose assets are meant); the text does not say.
• The appeal for smaller Claims is limited to “any rights of appeal provided by the FAA”.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration proceedings are confidential, and statements made in claim resolution are inadmissible in other proceedings

The arbitration proceeding and all testimony, filings, documents and information relating to or presented during it are deemed confidential information not to be disclosed to any other party. All offers, promises, conduct and statements, written or oral, made in the course of claim resolution, negotiations, mediations, arbitration and proceedings to confirm awards, including any arbitration award or judgment related to them, are confidential, privileged and inadmissible for any purpose, including impeachment or estoppel, in any other litigation or proceeding involving any of the parties or non-parties. Evidence that is otherwise admissible or discoverable is not rendered inadmissible or non-discoverable by its use in the negotiation, mediation or arbitration.

Supporting quotations

The arbitration proceeding and all testimony, filings, documents, and any information relating to or presented during the proceedings shall be deemed to be confidential information not to be disclosed to any other party.

All offers, promises, conduct, and statements, whether written or oral, made in the course of the Claim resolution, negotiations, mediations, arbitration, and proceedings to confirm arbitration awards by either party, its agents, employees, experts, or attorneys, or by the mediator or arbitrator, including any arbitration award or judgment related thereto, are confidential, privileged, and inadmissible for any purpose, including impeachment or estoppel, in any other litigation or proceeding involving any of the parties or non-parties

provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation, mediation, or arbitration.

Not stated here

• The text does not say who counts as “any other party”, or whether disclosures required by law, to regulators or to advisers are allowed.

Charges & Financial Obligations · Restriction or exception

Both parties share arbitration costs equally and each bears its own attorney’s fees

Both parties share equally the costs of any arbitration proceedings, and each party is solely responsible for its own attorney’s fees and other related costs. A separate paragraph on enforcement of the arbitration section awards costs and legal fees to the party seeking enforcement.

Supporting quotations

Both parties will share equally the costs of any arbitration proceedings; however, each party shall be solely responsible for its own attorney’s fees and other related costs.

Not stated here

• The text does not say whether the rules of AAA or JAMS vary this split, and does not reconcile it with the enforcement-cost rule.

Cross-references

• contrast (model-proposed): The arbitrator may award any court relief but cannot alter the Terms; a party enforcing this section recovers its costs — Arbitration costs are shared equally and each side bears its own attorney’s fees, while the enforcement paragraph awards all costs including legal fees to the party seeking enforcement of the arbitration section. The text does not say how the two rules fit together.