Travelink, American Express Travel (D/B/A Corporate Vacations) requires that all the visitors to our site on the World Wide Web adhere to the following terms and conditions. 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 website are provided by third parties, including, but not limited to, Suppliers as defined below (collectively, "Service Providers"). In addition, certain software and data found on the website are the copyrighted property of the Service Providers and/or their third-party providers and distributors.
No joint venture, partnership, employment, agency or fiduciary relationship exists between you and Travelink, American Express Travel or any Service Provider as a result of your use of our travel services, including the website. In our role as a travel agent and provider of the website, Travelink, American Express Travel acts as an independent contractor. Travelink, American Express Travel 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, we receive 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, if applicable, any agreements we have to book travel in accordance with your company's travel policies. The relationships we have with suppliers may also influence the suppliers we identify and the itineraries we recommend.
3. USE OF THE WEBSITE.
You may only use the website to make legitimate reservations or purchases and shall not use the website 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 website, (b) deep link to any portion of the website, without the prior written permission of Travelink, American Express Travel, or (c) use the website 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 website in conjunction with any of your activities or business by anyone that resides, stays or is accessing the website 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 website in the event of a breach of this obligation.
You specifically agree to indemnify and hold harmless Travelink, American Express Travel and the Service Providers for any breach of this "Use of website" section.
4. TERMS OF PURCHASE.
Please note that separate terms and conditions dictated by the applicable supplier and/or Service Provider will apply to your reservation and purchase of products and services on the website therefore you are responsible to review all terms and conditions prior to booking travel. You agree to abide by such terms and conditions, including payment of all amounts when due and compliance with the applicable supplier's and/or Service Provider's policies, rules and restrictions regarding availability and use of fares, products and services. You understand that any violation of any such supplier's and/or Service Provider'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) Travelink, American Express Travel debiting your account for any costs Travelink, American Express Travel 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 website.
5. AGE AND RESPONSIBILITY.
You represent that you are of sufficient legal age to use the website and to create binding legal obligations for any liability you may incur as a result of the use of the website. You agree to supervise all use of the website by minors using your name or account. You also warrant that all information supplied by you or members of your household in using the website is true and correct. You understand that you are financially responsible for all uses of the website by you and those using your name or account.
6. NO WARRANTIES
WITHOUT LIMITING THE GENERALITY OF ANY DISCLAIMERS SET FORTH IN OUR Terms of Service, TRAVELINK, AMERICAN EXPRESS TRAVEL AND THE SERVICE PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THE WEBSITE AND/OR ANY MATERIALS PROVIDED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. TRAVELINK, AMERICAN EXPRESS TRAVEL AND THE SERVICE PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEBSITE (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 TRAVELINK, AMERICAN EXPRESS TRAVEL NOR ANY SERVICE PROVIDER WARRANTS THAT THE WEBSITE, ITS SERVERS OR ANY E-MAIL SENT FROM TRAVELINK, AMERICAN EXPRESS TRAVEL 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.
7. DISCLAIMER REGARDING SUPPLIERS
THE AIR CARRIERS, HOTELS, CAR RENTAL AGENCIES, CRUISE LINES, TOUR OPERATORS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THE WEBSITE ("SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF TRAVELINK, AMERICAN EXPRESS TRAVEL. TRAVELINK, AMERICAN EXPRESS TRAVEL ACTS SOLELY AS A SALES AGENT FOR THE SUPPLIERS AND IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TRAVELINK, AMERICAN EXPRESS TRAVEL SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, ACTS OF WAR, TERRORISM, DISEASE OR OTHER FORCE MAJEURE EVENT OR OTHER CAUSE BEYOND ITS DIRECT CONTROL, AND TRAVELINK, AMERICAN EXPRESS TRAVEL HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS,OR RE-ROUTING CAUSED BY ANY ACTS OR OMISSIONS OF ANY GOVERNMENTAL AUTHORITY. THE FACT THAT TRAVELINK, AMERICAN EXPRESS TRAVEL INCLUDES OR OFFERS ANY PRODUCT OR SERVICE ON THE WEBSITE DOES NOT MEAN TRAVELINK, AMERICAN EXPRESS TRAVEL IS ENDORSING OR RECOMMENDING SUCH PRODUCT OR SERVICE.
8. LIMITATION OF LIABILITY
WITHOUT LIMITING THE GENERALITY OF ANY LIMITATION OF LIABILITY SET FORTH IN OUR Terms of Service, TRAVELINK, AMERICAN EXPRESS TRAVEL AND THE 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, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE. IN NO EVENT SHALL TRAVELINK, AMERICAN EXPRESS TRAVEL 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 THE WEBSITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE WEBSITE FOR RESERVATIONS OR TICKETING), OR (C) THE PERFORMANCE OR NON-PERFORMANCE BY TRAVELINK, AMERICAN EXPRESS TRAVEL 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.
If, notwithstanding the foregoing, Travelink, American Express Travel 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 described functions or uses of the website or its content, the liability of each of Travelink, American Express Travel and Service Providers shall in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on the website, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to Travelink, American Express Travel and without any liability whatsoever, Travelink, American Express Travel at any time and without notice may terminate or restrict your access to any component of the website.
9. RECOVERY FUND FOR CONSUMERS DAMAGED BY SELLERS OF TRAVEL.
California: This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC's website at:www.tcrcinfo.org.
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 thirty (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 fourteen (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.
Travelink, American Express Seller of Travel Numbers: California CST#00155895, Washington UBI# 603-256-156, Florida # 25967288
10. 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. Travelink, American Express Travel urges users of the website 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 andwww.customs.gov. Some countries may require aircraft cabin insecticide treatment for in-bound foreign flights. A list of such countries is available at http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, NEITHER TRAVELINK, AMERICAN EXPRESS TRAVEL NOR ANY SERVICE PROVIDER REPRESENTS OR WARRANTS THAT TRAVEL TO SUCH DESTINATIONS IS SAFE, ADVISABLE OR WITHOUT RISK, AND NEITHER TRAVELINK, AMERICAN EXPRESS TRAVEL NOR ANY SERVICE PROVIDER IS LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
11. TRANSMISSION OF PERSONAL DATA
You acknowledge and agree that by providing Travelink, American Express Travel with any personal information through the website for the purpose of registering on the website, or reserving or purchasing products or services, you consent to Travelink, American Express Travel sharing certain of that information with Service Providers solely as necessary to complete a transaction you have requested. For more information regarding how we treat your personal information, please view our Privacy Statement.
You shall defend and indemnify Travelink, American Express Travel and any Service Providers 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 website.
Travelink, American Express Travel and/or Service Providers may at any time modify (a) the website, including eliminating or discontinuing any content on or feature of the website, (b) any fees or charges for use of the website, and (c) these terms and conditions. Your continued use of the website will be conditioned upon the terms and conditions in force at the time of your use.
14. OTA SERVICE PROVIDER.
One of our Service Providers is Orbitz Worldwide, LLC ("OTA Service Provider"). OTA Service Provider is a business incorporated and operating in the United States. OTA Service Provider has been selected by Travelink, American Express Travel to provide Travelink, American Express Travel customers the ability to search for and book certain travel services. OTA Service Provider is also the provider of certain of such travel services. Payment for reservations made for services provided through OTA Service Provider will be made to OTA Service Provider if such service is a merchant travel service or to the applicable Supplier if such service is a retail travel product.
Requisite State Licenses. The following are OTA Service Provider's licenses:
*California: CST 2063530-50
*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 SERVICE PROVIDER HAS A BOND ISSUED BY ZURICH NORTH AMERICA IN THE AMOUNT OF $50,000. OTA SERVICE PROVIDER IS NOT A PARTICIPANT IN THE TRAVEL CONSUMER RESTITUTION FUND (TCRF).
For any question related to refunds, please contact 1-800-297-2977 (within the United States or Canada) or 1-312-980-7807 (outside the United States and Canada).
*See STATE OF NEVADA RECOVERY FUND FOR CONSUMERS DAMAGED BY SELLERS OF TRAVEL in Section 9 above.
15. SELLER OF TRAVEL: Currently some US states require travel agencies to register with them as a registered Seller of Travel license number for all marketing purposes, please see the following states that apply and our agency Seller of Travel license number: California (# 00155895), Florida (#25967288), and Washington (#603256156).