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.

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.

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.

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.

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.

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.

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.

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.

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.