These Amtrak Gift Card Terms and Conditions (referred to as the “Agreement”) describe the terms and conditions that apply to use of Amtrak Gift Cards (“Cards”). This Agreement is between you, the Cardholder, and the National Railroad Passenger Corporation, also commonly known as Amtrak (“Amtrak”). By purchasing, accepting or using a Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Card.
A Note About Changes to This Agreement
Please note that this Agreement may change without special notice to you. Notice of changes will be by reasonable means, which may be by the posting of the revised version of this Agreement on this website. Your use of a Card after Amtrak has posted the revised version of the Agreement constitutes your acceptance of the posted Agreement and will apply to your use of a Card from that date forward.
The date of the last update to this Agreement is always indicated near the top of the page and any change in the date of this Agreement shall constitute notice to you that the Agreement has changed.
IMPORTANT: This Agreement includes class action waiver and resolution of disputes by arbitration in Section 12 instead of in court.
1. Card Redemption. Cards are redeemable only for purchases of transportation products and services offered by Amtrak, excluding food and beverages and other onboard purchases. Cards are also not redeemable for the following: Amtrak merchandise products (including items sold at the Amtrak Merchandise Store, store.amtrak.com); Amtrak Vacations® Packages; cargo; hotel; rental car; and tickets offered by third-party passenger rail or transit companies, such as MARC, Shore Line East, New Jersey Transit, etc. Cards are also not redeemable to purchase another Card. Cards have no cash value and may not be redeemed for cash (except as required by law). Cards have no value until activated. Amtrak reserves the right to refuse to honor, or to suspend or deactivate a Card (a) in the event of a disputed credit card charge, bounced check or other failure of consideration or (b) where Amtrak suspects that the Card was obtained fraudulently, in violation of this Agreement or in violation of applicable laws or other applicable Amtrak terms and conditions.
2. Card Purchase. Cards can be purchased online at Amtrak.com or through select third-party retailers.
3. Online Sales. You may purchase physical and electronic Cards online via the following website: https://amtrak.cashstar.com/store. You acknowledge and understand that Cards purchased on the Website are sold by CASHSTAR, which is not affiliated with Amtrak.
4. Balance Inquiry. For balance inquiry, visit Amtrak.com or call toll free 888-999-0016. The balance you receive when inquiring is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
5. No Expiration; No Fees. Cards do not expire. No fees for inactivity or service fees apply.
6. Not Reloadable. Cards may not be reloaded with additional value.
7. No Refunds. No refunds are permitted with respect to Cards. All sales of Cards are final
8. Lost, Damaged Or Stolen Card. Lost, damaged or stolen Cards will not be replaced or replenished. Amtrak is not responsible for unauthorized Card use.
9. Resale Prohibited. You may not sell a Card or otherwise barter for its exchange. However, you may transfer a Card to another person for no monetary consideration (e.g., as a gift).
10. Maximum Value. You may not purchase or obtain more than $10,000 in Card value in any one day regardless of location, whether on a single Card or multiple Cards. Moreover, you may not purchase a single card with a value greater than $500.
11. About Your Card. Cards are not debit or credit cards. Amtrak is responsible for the operation and maintenance of the Card program. Amtrak is the sole legal obligor to the Cardholder.
12. Cancellations, Modifications and Downgrades.
A. If you purchase a nonrefundable ticket using a Card and you elect to cancel or modify your travel, if permitted by the fare rules for your ticket, you may receive a credit in the amount of all or a portion of the value of your ticket. The credit will be provided as a nonrefundable eVoucher. eVouchers are subject to the policies and procedures set forth at https://www.amtrak.com/evouchers-your-travel-credits-stored-electronically. Nonrefundable eVouchers expire one (1) year from the date of issuance. The value of the eVoucher is forfeited on expiration.
B. If you purchase a refundable ticket using a Card and you elect to cancel your travel, we will issue an eVoucher to you in the amount of the refundable portion of your ticket. The portion of your ticket that is refundable is determined by the fare rules of your ticket. eVouchers expire one (1) year from the date of issuance. If your eVoucher is within thirty (30) days of expiration or has expired, you may receive a refund of the outstanding value. In order to receive a refund please send the eVoucher receipt or a printout of your email notification, and your name, address and phone number, to:
Amtrak Customer Refunds
Box 70
30th Street Station
2955 Market Street
Philadelphia, PA 19104-2898.
We reserve the right to provide your refund in the form of a new eVoucher. You may receive a nonrefundable eVoucher for the nonrefundable portion of your ticket if permitted by the fare rules for your ticket; that eVoucher will be subject to Section 12.A above.
C. If you purchase a ticket using a Card and we cancel the trip for which your ticket was booked or your purchased class of service is downgraded due to a change of equipment, you must contact Amtrak at 1-800-USA RAIL. We will issue an eVoucher to you in an amount equal to the purchase price of the ticket for the cancelled trip or, if applicable, an amount equal to the difference between the cost of your purchased class of service and the class of service to which your travel was downgraded. eVouchers expire one (1) year from the date of issuance. If your eVoucher is within thirty (30) days of expiration or has expired, you may receive a refund of the outstanding value. In order to receive a refund please send the eVoucher receipt or a printout of your email notification, and your name, address and phone number, to:
Amtrak Customer Refunds
Box 70
30th Street Station
2955 Market Street
Philadelphia, PA 19104-2898.
We reserve the right to provide your refund in the form of a new eVoucher.
13. MANDATORY BINDING INDIVIDUAL ARBITRATION. Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, NOT a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
A. ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER You and Amtrak agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Card, including the determination of the scope or applicability of this agreement to arbitrate, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or Amtrak may take claims to small claims court if they qualify for hearing by such a court. You also agree that this arbitration agreement, Section 12, shall apply to any dispute with other parties arising out of or relating to this Agreement or use of the Card, including the determination of the scope or applicability of this agreement to arbitrate, regardless of the date of accrual of such dispute, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court.
YOU AND AMTRAK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED.
You and Amtrak agree to waive the right to trial by jury.
This agreement to arbitrate extends to claims that you assert against other parties arising out of or relating to this Agreement.
The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Amtrak both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
B. ARBITRATION PROCEDURES Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com or 1-800-352-5267. To begin an arbitration proceeding, you must serve Amtrak’s registered agent for service of process by certified mail to Corporate Secretary, National Railroad Passenger Corporation, 1 Massachusetts Avenue, NW, Washington, DC 20001.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Amtrak will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Amtrak will reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in or near the county where the claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
The arbitrator shall not award relief in excess of what is allowed by applicable law and the Agreement. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any declaratory or injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. Judgment on the award may be entered in any court of competent jurisdiction.
14. Limitation Of Liability. AMTRAK AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO
15. Unclaimed Property. In the event you do not use your Card for a certain period of time, Amtrak may be required to turn over the remaining Card balance to a state or jurisdiction under such state’s or jurisdiction’s unclaimed or abandoned property law. Although your Card does not expire, if Amtrak is obligated to turn over the remaining balance of your Card under a state’s or jurisdiction’s unclaimed property law, by operation of law Amtrak will be released from any further liability or obligation with respect to your Card and you may be required to contact the state’s or jurisdiction’s unclaimed property administrator to attempt to recover your unused Card balance. To protect your right to continue to use your remaining Card balance, Amtrak will make reasonable efforts to exempt your Card from unclaimed property laws.
16. Governing Law. The laws of the District of Columbia, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
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