terms of Service - Fox Ascoli Travel, Inc., d/b/a Fox Travel - a Travel Associate of American Express and its subsidiary, Castaways Travel.
Fox Ascoli Travel, Inc., Fox Travel - American Express, Fox Travel - Associate, American Express and American Express Company, and Fox Travel subsidiary, Castaways Travel, its subsidiaries and affiliates ("Fox Travel","American Express", “we”, “our”) requires that all visitors to our company offices, website(s), mobile application(s) or other digital properties, office and services (each, a "Site") adhere to the following rules and regulations.
In addition, the services provided by Fox Travel, its employees, management, contractors, affiliates, sub-contractors, agents and owners are included in the same terms and conditions defined below. By accessing Fox Travel services provided by its employees and travel advisors in person, by telephone, E mail, correspondence or via the company's websites, you acknowledge and agree to these terms and conditions.
1. LAWS AND REGULATIONS
User access to and use of any Site is subject to all applicable international, federal, state and local laws and regulations.
The trademarks, logos and service marks ("Marks") displayed on the Sites are the property of Fox Travel and American Express and other parties. Users are prohibited from using any Marks
for any purpose including, but not limited to use as metatags on other pages, websites or digital properties without the written permission of American Express or such third party which may
own the Marks. All information and content including any software programs available on or through a Site ("Content") is protected by copyright. Users are prohibited from modifying,
copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through a Site for commercial or public purposes.
3. HYPERLINKING TO OTHER WEBSITES
THE SITES MAY PROVIDE LINKS TO OTHER WEBSITES OR DIGITAL PROPERTIES TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO A SITE VIA "INVERSE" HYPERLINKS AND FRAMING TECHNOLOGY (A "LINKED SITE"). FOX TRAVEL AND AMERICAN EXPRESS HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE.
THE FACT THAT FOX TRAVEL AND AMERICAN EXPRESS HAVE PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH LINKED SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND FOX TRAVEL
AND AMERICAN EXPRESS URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.
4. NO WARRANTIES
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITES, OR OBTAINED FROM A LINKED SITE, AS WELL AS SERVICE PROVIDED BY FOX TRAVEL TRAVEL EMPLOYEES 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. AMERICAN EXPRESS AND FOX TRAVEL DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH A SITE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE OR FROM AN EMPLOYEE OF FOX TRAVEL. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL FOX TRAVEL OR AMERICAN EXPRESS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH A SITE OR A LINKED SITE, OR USER'S
RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE OR FOX TRAVEL EMPLOYEE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR A FOX TRAVEL EMPLOYEE.
5. LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON A SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND FOX TRAVEL AND AMERICAN EXPRESS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. FOX TRAVEL AND AMERICAN EXPRESS DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON ITS SITES IS COMPLETE OR UP-TO-DATE. FOX TRAVEL AND AMERICAN EXPRESS IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON ITS SITES. FOX TRAVEL AND AMERICAN EXPRESS MAY CHANGE THE CONTENT ON ITS SITES AT ANY TIME WITHOUT NOTICE. FOX TRAVEL AND FOX
TRAVEL AND AMERICAN EXPRESS MAY MAKE IMPROVEMENTS OR CHANGES TO ITS SITES AT ANY TIME. YOU AGREE THAT FOX TRAVEL, AMERICAN EXPRESS, ITS AFFILIATES AND ANY
OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY)
ARISING OUT OF OR IN CONNECTION WITH THE USE OF ITS SERVICES PROVIDED BY FOX EMPLOYEES, WEBSITES OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE ITS SITES OR A LINKED SITE, EVEN IF FOX TRAVEL AND AMERICAN EXPRESS IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE
TRANSMISSION OF ANY VIRUSES, SICKNESS OR DISEASE WHICH MAY INFECT A CLIENT, FAMILY MEMBER, USER, USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. FOX TRAVEL AND AMERICAN EXPRESS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR
SECURE ACCESS TO ITS SITES.
6. LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITES, IN PERSON, BY PHONE, EMAIL OR OTHER CONVEYANCE, YOU AGREE THAT FOX TRAVEL AND AMERICAN EXPRESS IS AN AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE COMPANY AND ITS SITES, INCLUDING BUT NOT LIMITED TO TRAVEL SERVICES, RESORTS, HOTELS, CRUISE LINES, OTHER TRAVEL PROVIDERS ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH FOX TRAVEL, AFFILIATES, AGENTS, CASTAWAYS TRAVEL OR ITS WEBSITES ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS.
YOU AGREE THE PURCHASE OF TRAVEL SERVICES FROM FOX TRAVEL OR CASTAWAYS TRAVEL VIA INVOICE, CHARGE CARD, CASH, CHECK, BANK WIRE OR BARTER IS A CONTRACT. YOU AGREE TO PAY FOX TRAVEL OR CASTAWAYS TRAVEL FOR TRAVEL SERVICES PURCHASED PER ITS INVOICE AND PAYMENT POLICY ON THE DUE DATES PRESCRIBED. SHOULD DISPUTE ARISE WITH FOX TRAVEL, CASTAWAYS TRAVEL OR IT TRAVEL SUPPLIERS, CLIENT AGREES TO DOCUMENT IN WRITING AND COMMUNICATE A CLAIM WITHIN 10 DAYS FROM THE DATE CLIENT RETURNS FROM TRAVEL PURCHASED FROM FOX TRAVEL OR CASTAWAYS TRAVEL. FOX TRAVEL, AMERICAN EXPRESS AND CASTAWAYS TRAVEL HEREBY DISCLAIMS 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, EXPENSES, MEDICAL, PHYSICIAN AND HOSPITALIZATION COSTS IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER, TRAVEL SUPPLIER, TRAVEL VENDOR OR OTHER SUPPLIER THROUGH ITS RESORTS, CRUISE SHIPS OR WEBSITES, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, DISEASE, VIRUS, PANDEMIC, CORONA VIRUS COVID-19, SICKNESS, ACCIDENT, HOSPITALIZATION, EMERGENCY EVACUATION, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR TRAVEL SUPPLIER AND YOU HEREBY EXONERATE FOX TRAVEL, CASTAWAYS TRAVEL AND AMERICAN EXPRESS FROM ANY LIABILITY WITH RESPECT TO THE SAME.
FOX TRAVEL, CASTAWAYS TRAVEL AND AMERICAN EXPRESS DISCLAIM ANY LIABILITY IN RELATION TO THE CONTENTS OF, OR USE OF, OR IN CONNECTIONS WITH, THE FOX TRAVEL WEBSITE OR WITH TRAVEL SERVICES PROVIDED BY ANY FOX TRAVEL EMPLOYEE, MANAGER, CONTRACTOR, SUB-CONTRACTOR, AGENT OR OWNER:
To the extent that the website is provided free-of-charge, for any direct loss;
For any indirect, special or consequential loss; or
For any business losses, personal losses, loss of life, trip delay, cancellation, losses due to diseases, pandemics, viruses, Coronavirus Covid-19, loss of revenue, income, profits or anticipated savings, medical expenses, hospitalization costs, physicians charges, loss of contracts or business relationships, loss of reputation or goodwill, loss due to failure of travel vendor to return deposits or payments, or loss due to failure of the travel vendor, resort or cruise line supplier caused by cease of business or loss or corruption of information or data.
For any travel supplier's failure to honor future trip credits or refunds
For special knowledge of any supplier's financial condition and no liability for recommending to client a credit from the supplier.For special knowledge of any supplier's financial condition and no liability for recommending to client a credit from the supplier.
FURTHER, FOX TRAVEL, CASTAWAYS TRAVEL AND AMERICAN EXPRESS DISCLAIM ANY LIABILITY FOR THESE ADDITIONAL CONDITIONS
These limitations of liability apply even if Fox Travel has been expressly advised of the potential loss.
Fox Travel's role is to facilitate the sale, collect funds on behalf of its client and remit those funds to the supplier. The client's only recourse to obtain a refund or credit is solely against the supplier and not Fox Travel, its owner, managers, employees, contractors or independent sales and marketing businesses
Fox Travel reserves the right to charge a fee for providing additional services to client when requested by client in writing to assist with the collection of credit or refund from the travel supplier. Castaways cannot guarantee this service will induce a refund or credit from the travel supplier.
The client agrees not to initiate a chargeback against Fox Travel OR Castaways Travel for a client's refusal to pay the travel supplier or charge card company or refusal to pay off a charge card balance for any reason.
The client will not hold Fox Travel, Castaways Travel or American Express liable for losses incurred from the insolvency, refusal of refund, withholding of payment or credit, delay or cessation of business by the travel supplier. The client is solely responsible for ascertaining travel requirements for Passports, Visa and any shots or inoculations for international travel as well as foreign countries' requirement for passports to remain valid for 6 months or more beyond the last travel date in the country. Client is solely responsible for ascertaining current Medical alerts from the CDC (Centers for Disease Control) and travel advisories issued by the U.S. Government Department of State.
7. CONFIDENTIALITY OF USER COMMUNICATIONS
Except as required by law and in accordance with the Fox Travel and American Express Internet Privacy Statement. Fox Travel and American Express will maintain the confidentiality of all user
communications which contain personal user information and which are transmitted directly to Fox Travel and American Express. Postings by a user on any message board or in any chat room
will not be protected as confidential and Fox Travel and American Express may use and provide information contained in any such postings (including any ideas, concepts, know-how or other
intellectual property) to any of its parent company, subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate by Fox Travel and American Express.
User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. Fox Travel and American Express are not responsible for such
provisions, and expressly disclaims any and all liability related to such provisions.
8. YOUR CONTACT WITH ADVERTISERS or OTHER SERVICE PROVIDERS
Your dealings or correspondence with, or participation in promotions of, advertisers or travel service providers found on or through its Sites (including, without limitation, payment and
delivery of related travel products or services, and any other terms, conditions, representations or warranties associated with such dealings or correspondence) are solely between you and such
advertisers. Fox Travel and American Express make no representations or warranties with respect to any advertising content of, or any products or services that may be obtained from, such
advertisers. You agree that Fox Travel and American Express will not be responsible or liable With respect to any loss or damage of any kind incurred as a result of: (a) any such dealings or
correspondence between you and such advertisers or travel suppliers (b) content, products or services of such advertisers, or (c) the presence of such advertisers on a Site.
9. LINKED INTERNET SITES
Fox Travel and American Express prohibit caching, unauthorized hypertext links to the Sites and the framing of any Content available through its Sites. Fox Travel and American Express reserve
the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other websites or digital properties linked to a Site. Access to
any other Internet sites linked to a Site is at the user's own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. FOX TRAVEL AND American Express are not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
UNLESS OTHERWISE STATED, ALL USE OF LINKED SITES IS GOVERNED BY THE LINKED SITE’S TERMS AND CONDITIONS AND SUBJECT TO ITS PRIVACY AN DSECURITY POLICIES AND PRACTICES.
10. NO INVESTMENT ADVICE OR OFFER
Nothing in the Sites constitutes investment advice.
11. FORWARD LOOKING INFORMATION
Certain information on the Sites contains certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words
"believe", "expect", "anticipate", "optimistic", "intend", "aim", "will" or similar expressions are intended to identify forward-looking statements. Readers are cautioned not to place undue
reliance on these forward-looking statements, which speak only as of the date on which they are made. Fox Travel and American Express undertake no obligation to update publicly or revise
any forward-looking statements. Important factors that could cause actual results to differ materially from the company's forward-looking statements are described in American Express'
periodic reports, including the Annual Report on Form 10-K, quarterly reports on Form 10-Q filed with the Securities and Exchange Commission and the Annual Report to Shareholders
12. PRESS RELEASES
All press releases and other materials presented or released to the financial community that are contained on the Sites were, to the best of American Express' and Fox Travel's knowledge,
timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance.
Fox Travel and American Express have no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material
contained in the Sites.
Fox Travel and American Express are under no obligation to review any messages, information or content ("Postings") posted on the Sites by users and assumes no responsibility or liability
relating to any such Postings. Notwithstanding the above, Fox Travel and American Express may from time to time monitor the Postings on the Sites and may decline to accept and/or remove any
Postings that contain: Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. Advertisements or solicitations of any kind. [Note - This is not applicable for those Sites with message boards containing classified advertisements.]Messages posted by users impersonating others. Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. Messages by non-spokesperson employees of Fox Travel or American Express purporting to speak on behalf of American Express or containing confidential information or expressing opinions concerning
American Express. Messages that offer unauthorized downloads of any copyrighted or private information. Multiple messages placed within individual folders by the same user restating the same point. Chain letters of any kind.
14. TRANSMISSION OF PERSONAL DATA
User acknowledges and agrees that by providing Fox Travel and American Express with any personal or proprietary user information through the Sites, user consents to the transmission of
such personal or proprietary user information over international borders as necessary for processing in accordance with Fox Travel and American Express' standard business practices.
User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. Fox Travel and American Express are not
responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
15. CHANGES TO THESE TERMS OF SERVICE
Fox Travel and American Express reserve the right to revise these Terms of Service at any time and users are deemed to be apprised of and bound by any changes to these Terms of Service. Fox
Travel and American Express will indicate that changes to these Terms of Service have been made by updating the date indicated after "Last Modified" at the end of these Terms of Service.
Your continued use of the Sites after that date constitutes your agreement to the revised modified Terms of Service.
16. VIOLATIONS OF RULES AND REGULATIONS
Fox Travel and American Express reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including the right to block access from a
particular Internet address or user to a Site.
17. ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Sites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Sites may
be subject to prosecution.
18. USE OF "COOKIE" FILE FEATURES
Fox Travel and American Express reserve the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying our Sites to reflect users'
19. DIGITAL MILLENNIUM COPYRIGHT ACT - NOTIFICATION TO AMERICAN
EXPRESS REGARDING ALLEGED COPYRIGHT INFRINGEMENT
American Express has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the
protections under the Act. American Express reserves the right to remove any Content on the Site which allegedly infringes another person's copyright. Notices to American Express
regarding any alleged copyright infringement on the Site should be directed to American Express' General Counsel's Organization Attn.: Technology Counsel at firstname.lastname@example.org.
20. JURISDICTION/GOVERNING LAW
Users of this Site and service provided by Fox Travel agree to submit to the laws of the State of Texas, USA and applicable federal law without regard to conflicts of laws principles.
Arbitration of any and all disputes, claims, or controversies whatsoever, except for claims brought and litigated in small claims court. The arbitration shall be used for alleged violation of civil rights, discrimination, consumer or privacy laws or for any losses, damages or expenses relating to or in any way arising out of or connected with offering and supplying vacation travel products, no matter how described, pleaded or styled, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations convention on the recognition and enforcement of foreign arbitral awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 ('The Convention‛) and the Federal Arbitration Act, 9 U.S.C. §§ 1, ET SEQ., (‚FAA‛) and shall be heard solely in The Woodlands, Montgomery County, Texas, USA to the exclusion of any other forums.
The arbitration shall be administered by the American Arbitration Association under its commercial dispute resolution rules and procedures, which are deemed to be incorporated herein by reference. Neither party will have the right to a jury trial nor to engage in pre-arbitration discovery except as provided in the applicable arbitration rules and herein, or otherwise to litigate the claim in any court. The arbitrator's decision will be final and binding. Other rights that customer, client, passenger or carrier would have in court also may not be available in arbitration. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA. Passenger and Fox Travel and subsidiary, Castaways Travel, further agree to permit the taking of a deposition under oath of the customer, client or passenger asserting the claim, or for whose benefit the claim is asserted, in any
All parties agree, that the verdict of the arbitration panel shall be final and binding on all parties such arbitration.
21. TRAVEL RELATED SERVICES
Please be aware that additional notices, terms and conditions regarding travel-related services, products and content available on or through the Sites are incorporated herein by reference.
By accessing Fox Travel services provided by Site and by its employees, management, contractors, owners, and travel advisors in person, by telephone, E mail, correspondence, the company's websites or other means, you acknowledge and agree to hold Fox Travel and its employees, managers and owners harmless from any damage, injury, loss of life, delay, monetary loss, permanent or temporary physical impairment, sickness due to virus, illness, accident or disease contracted while traveling via services provided by Fox Travel's or American Express's arrangements and
furthermore agree to these terms and conditions.
22. NOTIFICATION TO FOX TRAVEL AND AMERICAN EXPRESS REGARDING SALES
OVER THE INTERNET OF ILLEGITIMATE PRODUCTS
Fox Travel must not accept American Express Cards for sales of products over the Internet that would constitute a violation of copyright or trademark laws applicable to the merchant or Cardmember (such copyright-infringing or counterfeit trademark products, collectively,"Illegitimate Products").
Revised August 7, 2020