Issue link: http://viewer.e-digitaleditions.com/i/125295
AMERICAN EXPRESS VACATIONS TERMS AND CONDITIONS This agreement contains the terms and conditions by which American Express Vacations, operated by Travel Impressions, Ltd., 465 Smith Street, Farmingdale, NY 11735 ("Operator") and a subsidiary of American Express Travel Related Services Company, Inc. ("American Express"), in consideration for a participant's payment, agrees to provide these travel tours. All products and services depicted in this brochure are subject to change without notice. READ THIS AGREEMENT CAREFULLY BEFORE SENDING ANY MONEY. TENDER OF PAYMENT TO OPERATOR OR YOUR TRAVEL AGENT CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. RESERVATIONS AND PAYMENT: Operator accepts payment by credit and debit cards issued on the following networks: AMERICAN EXPRESS, VISA, MASTERCARD, or DISCOVER. 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. LIABILITY STATEMENT: Operator and American Express its parent, subsidiaries, affiliates and representatives (collectively, "Amex"), act as an agent for travel suppliers and you understand and agree that Operator and Amex shall not be liable for any loss, injury, expense or damage to persons or property resulting, directly or indirectly, from (1) the acts of omissions of travel suppliers, including but not limited to delays, overbookings, cancellation of services, cessation of operations, accidents or failures of equipment, or changes in fares, itineraries or schedules; or (2) acts of God, fires, earthquakes, floods, climatic aberrations, acts of governmental authorities, civil unrest, strikes, riots, theft, disease, accidents or failures related to the public internet, telecommunications lines or facilities, or third party technology systems, or any other cause beyond the control of Operator or Amex. INTERMEDIARY DISCLOSURE: Operator and Amex 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. In this role, we are acting as an independent third party and not as a fiduciary. 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 our marketing channels, participating in marketing programs and supporting technology initiatives. In addition, we receive compensation from suppliers when customers use the American Express Card or other American Express products to pay for supplier products and services. 104 Terms and Conditions 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 and your preferences. The relationships we have with suppliers may also influence the suppliers we identify and the itineraries we recommend. 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. 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 purchase of the travel products from Operator. 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 "Cancel for Any Reason and Travel Protection Plan" section below for details on our Cancel For Any Reason Waiver. CHOICE OF LAW; RESOLUTION OF DISPUTES: This Agreement is governed by the laws of, and disputes shall be venued in, the State of New York, without reference to its choice of law doctrine. All disputes, claims or controversies arising out of or related to the services of 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.