Important Travel Notices, Terms and Conditions

For American Express Vacations. Internet World Wide Web Sites
American Express Vacations, ("Operator") a subsidiary of American Express Travel Related Services Company, Inc. ("American Express") requires that all the visitors to our site(s) on the World Wide Web that provide travel related products, services and content (the "Site") adhere to the following terms and conditions as well as the American Express Website Rules, Regulations and Disclaimers and the American Express Privacy Policy. By accessing the Site, you indicate your acknowledgment and acceptance of these notices, terms and conditions.

1. THIRD PARTY SERVICE PROVIDERS
   Certain products, services and content available on the Site are provided by third parties, including, but not limited to, airlines, hotels, tour providers and technology service providers (collectively, "Suppliers"). In addition, certain software and data found on the Site are the copyrighted property of the Suppliers and/or their third-party providers and distributors. For information on the Cancel For Any Reason Travel Protection Plan, please refer to Section 11.
   
   
2. RELATIONSHIP
   No joint venture, partnership, employment, agency or fiduciary relationship exists between you and Operator or American Express as a result of your use of our travel services, including the Site. In our role as a travel agent and provider of the Site, Operator acts as an independent contractor. Operator assists you in finding travel Suppliers and making arrangements that meet your individual needs. We consider various factors in identifying travel Suppliers to you and recommending specific itineraries. We want you to be aware that certain suppliers pay us commissions as well as incentives for reaching sales targets or other goals, and from time to time may also provide incentives to our travel counselors. Certain suppliers may also provide compensation to us for various marketing and administrative services that we perform for them, such as granting them access to our marketing channels, participating in marketing programs and supporting technology initiatives. In addition, our parent company, American Express, receives compensation from suppliers when customers use the American Express® Card or other American Express products to pay for supplier products and services. From time to time we may enter into other business relationships with suppliers and these arrangements, including levels and types of compensation and incentives we receive, are subject to change. In identifying suppliers and recommending itineraries, we may consider a number of factors, including supplier availability your preferences and any agreements we have to book travel. The relationships we have with suppliers may also influence the suppliers we identify and the itineraries we recommend.
   
   
3. USE OF THE SITE
   You may only use the Site to make legitimate reservations or purchases and shall not use the Site for any other purposes, including making any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You may not (a) use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process to monitor or copy any of the web pages, data or content found on the Site, (b) deep link to any portion of the Site, without the prior written permission of Operator, or (c) use the Site in violation of, or to violate, any law, rule or regulation.
   You acknowledge and agree that you will not use, nor will you permit any use of, the Site in conjunction with any of your activities or business by anyone that resides, stays or is accessing the Site from a country prohibited under U.S. export and/or Office of Foreign Assets Control regulations, including, but not limited to, regulations based upon sanctions, country programs against or embargoes. For more information regarding these regulations, visit www.treas.gov/ofac. You shall automatically become unauthorized to use the Site in the event of a breach of this obligation.
   You specifically agree to indemnify and hold harmless Operator, American Express and the Suppliers for any breach of this "Use of Site" section.
   
   
4. TERMS OF PURCHASE
   Please note that separate terms and conditions dictated by the applicable Supplier will apply to your reservation and purchase of products and services on the Site. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the applicable Supplier's policies, rules and restrictions regarding availability and use of fares, products and services. You understand that any violation of any such Supplier's terms, conditions, policies, rules or restrictions may result in (a) your forfeiting any monies paid for such reservation or purchase, (b) cancellation of your reservation or purchase, (c) your being denied access to any flights, hotels or other products or services, and (d) Operator debiting your account for any costs Operator incurs as a result of such violation. You acknowledge that you will be responsible for all charges, fees, duties, taxes and assessments arising out of your use of the Site.
   
   
5. RESERVATIONS AND PAYMENT:
   Operator accepts payment by credit and debit cards issued on the following networks: AMERICAN EXPRESS, VISA, MASTERCARD, OR DISCOVER. If payment is made by credit card to a travel agent a signed, fully completed universal charge form ("UCC") for full payment must be received to secure reservations. Any other person or entity (including a travel agent) who receives monies from Participants does so strictly as an agent of Participants. Tender of payment to Operator constitutes acceptance of these terms of sale. Full payment is applied to the credit card entered into the system at the time of booking. Online bookings will be accepted up to 4 days prior to scheduled departure. All reservations made 14 days or less prior to departure will be charged a $25.00 Special Handling Fee to cover costs associated with expedited processing of the booking. After payment is made, all revisions are subject to a $25.00 per booking fee, plus any Supplier fees.
   
   
6. CANCELLATION AND REFUND POLICY:
   The right to a refund is limited if a Participant changes plans prior to or after the trip is taken. All requests for refunds must be submitted (certified mail, return receipt requested) in writing through the booking agent to the Operator or directly with Operator if the booking was made directly with Operator except in the case of pre-trip which can be done over the phone. Operator shall then process your refund and may retain a $50 processing fee if a refund is given. All appropriate receipts/vouchers and documentation must accompany the refund request. No refund will be made for package features the participant opts not to use. "No show" penalties could be up to 100% of the package or component costs. The rights and remedies made available herein are in addition to any others available under applicable law. However, Operator offers refunds under this agreement with the express understanding that endorsement of a refund by participant(s) constitutes a waiver of any such additional rights and remedies against Operator. See Section 11 below for details on our Cancel For Any Reason Waiver.
   
   
7. DOCUMENTS:
   Documents will be mailed approximately 21 days prior to departure and if you book before that time, once payment is made. Document reissue fee is $25.00 per booking plus any supplier fees.
   
   
8. PACKAGE PRICE:
   The package prices include only items specifically stated in the Participant(s) itinerary, Certain secondary features of a package (e.g., cocktail party, free sports, etc.) are based on Supplier policy and may be changed, added or deleted after printing of literature. Operator has the right to substitute services or accommodations in similar categories for items listed in the literature. PLEASE NOTE: Operator reserves the right to re-invoice Participant(s) in case of an error made in computing tour price, or in the event that a change in tax or hotel rate, or if a service fee or surcharge is imposed by the hotel or airline. Air-inclusive packages do not include per person government imposed taxes; PFC's of up to $18 and September 11th Security Fees of up to $10. Foreign government departure taxes, fees and tourist cards may be collected at the destination by the respective government authority.



9. LUGGAGE:
   Many airlines are now charging fees for your luggage. These fees are payable directly to the airline upon check-in. Please contact your airline for specific details. These limitations on liability are subject to change.
   
   
10. PROOF OF CITIZENSHIP AND ENTRY REQUIREMENTS:
    Participant(s) are responsible for determining and obtaining proper documentation including any visas or other travel documentation that may be required. Failure to carry proper proof of citizenship may lead to denied entry to aircraft and/or foreign country. All Participants are required to check with the appropriate consulate or embassy for the respective destination for entry requirements that apply to them and their travel companions. No refunds will be made if incomplete or improper documentation results in denied boarding or entry. A valid passport may be required and should be valid for a minimum of 6 months after your return date.
    
    
11. CANCEL FOR ANY REASON TRAVEL PROTECTION PLAN:
    To have a relaxing, worry-free trip, we recommend our Cancel for Any Reason Travel Protection Plan ("Plan"), designed exclusively for our Participants. To enroll in the Plan, simply pay the Plan cost included on your travel invoice at the time you make your trip deposit. The Cancel For Any Reason Waiver is provided by Operator and must be purchased at the time of trip deposit and is not available for all products. The Cancel For Any Reason Waiver is in addition to the cancellation and refund policy noted in Section 6. The Travel Protection Plan insurance benefits are arranged with BerkelyCareSM on behalf of National Union Fire Insurance Company of Pittsburgh, PA under Policy No. 9500360 and is offered through Travel Impressions, a licensed insurance agency in all states. This is just a brief summary of benefits under the Cancel For Any Reason Travel Protection Plan. Other limitations and exclusions apply. For full terms and conditions of coverage, please review the Plan Description pamphlet or ask your travel agent for the pamphlet. For additional information relating to the Plan, please see Insurance Disclosures and Licensing Information.
    
    
12. AGE AND RESPONSIBILITY
    You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to supervise all use of the Site by minors using your name or account. You also warrant that all information supplied by you or members of your household in using the Site is true and correct. You understand that you are financially responsible for all uses of the Site by you and those using your name or account.
    
    
13. TRAVEL TO CERTAIN DESTINATIONS
    While most travel - domestic and international - is completed without incident, travel to certain destinations may involve more risk than travel to other destinations. Operator urges users of the Site to review current travel advisories, warnings and restrictions issued by the United States government before booking any travel. In addition, passengers are responsible for determining and obtaining proper documentation for travel to international destinations. For more information, please visit www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
    BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, NEITHER OPERATOR NOR AMERICAN EXPRESS REPRESENTS OR WARRANTS THAT TRAVEL TO SUCH DESTINATIONS IS SAFE, ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
    
    
14. TRANSMISSION OF PERSONAL DATA
    You acknowledge and agree that by providing Operator with any personal information through the Site for the purpose of registering on the Site, or reserving or purchasing products or services, you consent to Operator transmitting such information over international borders as necessary for processing in accordance with American Express' standard business practices. For more information regarding how we treat your personal information, please view our Privacy Policy. Please be aware that third party sites that are linked to the Site may contain transmission of personal data provisions that differ from the provisions provided herein. Operator is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
    
    
15. NO WARRANTIES
    ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
    OPERATOR DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN OPERATOR, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
    OPERATOR AND THE SUPPLIERS MAKE NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR ANY MATERIALS PROVIDED ON THE SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. OPERATOR AND THE SUPPLIERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SITE (MUCH OF WHICH IS PROVIDED BY SUPPLIERS) AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER OPERATOR NOR ANY SUPPLIER WARRANTS THAT THE SITE, ITS SERVERS OR ANY E-MAIL SENT FROM OPERATOR OR ANY SUPPLIER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    
    
16. LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITE
    YOU AGREE THAT OPERATOR IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO TRAVEL SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST THE APPLICABLE SUPPLIER. OPERATOR HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE OPERATOR AND AMERICAN EXPRESS FROM ANY LIABILITY WITH RESPECT TO THE SAME.
    
    
17. INDEMNIFICATION
    You shall defend and indemnify Operator, American Express and any Suppliers and their respective parents, subsidiaries, affiliates and each of their officers, directors, employees and agents from and against any claim, cause of action or demand (including reasonable legal and accounting fees) brought by you or a third party as a result of your use of the Travel Site.
    
    
18. VIOLATIONS OF RULES AND REGULATIONS
    Operator reserves the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular Internet address to the Site.
    
    
19. ACCESS TO PASSWORD PROTECTED/SECURE AREAS
    Access to and use of password protected and/or secure areas of the Site are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
    
    
20. JURISDICTION/GOVERNING LAW
    Users of this Site agree to submit to the laws of the State of New York, USA and applicable federal law without regard to conflicts of laws principles. All disputes, claims or controversies arising out of or related to the services or this agreement shall be submitted to mediation and if the matter is not resolved through mediation, it shall be submitted for arbitration. Unless we agree otherwise in writing, any mediation and/or arbitration shall take place in the State of New York, New York County, and shall be administered by, and pursuant to the rules of, the American Arbitration Association. Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public, other travel customers or other persons similarly situated. The arbitrator's authority to resolve disputes and to make awards is limited to disputes between you and us alone, and is subject to the limitations of liability set forth above. Furthermore, disputes brought by either party against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. Should any portion of this section regarding the arbitrator's authority to resolve disputes between only you and us be stricken from this agreement or deemed otherwise unenforceable, then this entire section shall be stricken from this agreement. The provisions of this section may be enforced in a court of competent jurisdiction and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses (including attorney fees), to be paid by the party against whom enforcement is ordered. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended.
    
    
21. MODIFICATION
    Operator and/or Suppliers may at any time modify (a) the Site, including eliminating or discontinuing any content on or feature of the Site, (b) any fees or charges for use of the Site, and (c) these terms and conditions. Your continued use of the Site after any such change will be deemed to be acceptance of such change, it being agreed that use of the Site is subject to the terms and conditions in force at the time of your use.
    
    
22. For customers purchasing travel in the state of California:
    Our California State Seller of Travel Registration number is 2029006-20. Operator is not a participant in the California Travel Consumer Restitution Fund but is a member of the United States Tour Operators Association ("USTOA"). California law requires certain sellers of travel to have a trust account or bond. This business has an account with the USTOA in the amount of $1,000,000.00 (US). Operator, as an Active Member of USTOA, is required to post $1 Million with USTOA to be used to reimburse, in accordance with the terms and conditions of the USTOA Travelers Assistance Program, the advance payments of Operator's customers in the unlikely event of Operator's bankruptcy, insolvency or cessation of business. Further, you should understand that the $1 Million posted by Operator may be sufficient to provide only a partial recovery of the advance payments received by Operator. Complete details of the USTOA Travelers Assistance Program may be obtained by writing to USTOA at 275 Madison Avenue, Suite 2014, New York, New York 10016, or by e-mail to information@ustoa.com or by visiting their website at www.USTOA.com.
    
    
23. For customers purchasing travel in the state of Washington:
    Our Washington State Seller of Travel Registration Number is: UBI#602 425 801. If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen 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.
    
    
24. For customers purchasing travel in the state of Iowa: Our Iowa Seller of Travel Registration Number is: #758.
    
    
25. CHANGES TO RULES AND REGULATIONS
    Operator and/or Suppliers may at any time modify (a) the Site, including eliminating or discontinuing any content on or feature of the Site or (b) these terms and conditions. Your continued use of the Site will be conditioned upon the terms and conditions in force at the time of your use.
    
    Revised 12/17/09