Travel Notice Terms and Conditions

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.

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.

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.

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.

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.

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”.

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.

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.