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Terms & Conditions

Effective Date: July 30, 2024

Welcome to Virginhotels.com!

Please carefully review the Disclaimer of Warranties; Limitation of Liability; Governing Law; Mandatory Arbitration; Timely Filing of Claims; Class Action and Jury Trial Waiver sections below regarding your legal rights in any dispute involving Virgin Hotels, these Terms & Conditions, or our Privacy Policy, including a waiver to bring any claim under a class action or to have a  trial by jury, and mandatory arbitration. If you do not agree to these Terms & Conditions, please do not access or use the website or use our Services (as defined below).

These Virgin Hotel Terms & Conditions (“Terms”) are a legal agreement between you and Virgin Hotels that govern your use of our website (located at www.virginhotels.com), (“Website”) our mobile applications, Wi-Fi network, in-room systems, and any other channel or mobile feature that we operate, as well as your booking, purchase and reservation with any of our properties and your participation in any events, promotions or special programs (including Loyalty Programs, as defined below) (collectively, the “Services”). As used throughout the Site, including these Terms, the terms “Virgin,” “Virgin Hotels”, “the Company,” “our,” “we,” “us,” and other similar terms may refer to one or more of Virgin Hotels, LLC, Virgin Hotels North America, LLC, Virgin Hotels Central Services, LLC, or one or more of their direct or indirect subsidiaries or affiliates. These terms are used for convenience only and are not intended as a precise designation of any one particular entity. These Terms & Conditions apply for our Loyalty Program and any hotel brand that operates properties franchised or managed by Virgin, including, but not limited to the following:  Virgin Hotels® and Virgin Limited Edition® We ask that you take the time to read these Terms carefully. These Terms explain a number of important things including, for example, how to register for an Account (as defined below) with us and how to keep up to date on these Terms. By accessing or using the Services, you confirm to us that you have read, understood, and agree to be bound by our Privacy Policy located at virginhotels.com/privacy-policy (“Privacy Policy”) and these Terms. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

  1. Eligibility

You are not authorized to use the Services if you, (a) are not 18 years of age or older or otherwise do not have the legal capacity to form a binding contract with us, or (b) are a person barred from using the Services due to prior violations of these Terms or our Privacy Policy. If you are not authorized to use the Services, please do not attempt to use the Services and do not provide us with your name, contact details, or any other information about yourself. You also warrant that you are legally authorized to make travel reservations and purchases for either yourself or for another person for whom you are authorized to act. We may, in our sole and absolute discretion, refuse to allow use of the Services or accept a person’s or entity’s information and may, at any time, refuse to permit a person’s, or entity’s, continuing use of the Services for any reason or for no reason, in our sole discretion. If we learn that a user is under 18 years of age, we will cancel such user’s Account and all memberships and participation in promotions, special programs and Loyalty Programs.

  1. Changes to Terms

These Terms may change from time-to-time and, if they do, the up-to-date version of these Terms will apply. We will indicate at the top of these Terms when they were last updated. Please ensure that you check these Terms regularly to view any changes that may have been made. Your continued use of the Services after these Terms have changed constitutes your acceptance of such changes. If you do not agree to any revised Terms, you should discontinue your use of the Services.

  1. Additional Terms

There may be additional terms and conditions (“Additional Terms”) related to your use of the Services, such as those related to the reservation of accommodations, our payment and cancellation policies, and promotions that we may offer from time-to-time. You must agree to any applicable Additional Terms before using the features of the Services to which they apply. For example, these Additional Terms may include, but are not limited to, Loyalty Terms (as defined below)  and, the Terms of our WiFi providers. Unless otherwise specified in any Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to our Additional Terms, then you may not use the Services to which they relate. If any part of the Additional Terms is inconsistent with the provisions of these Terms, the Additional Terms will prevail for the specific Service(s) to which it applies.

  1. Registering with Us

Access to and use of certain functionalities of the Services require you to register for a user account (“Account”) with us. If you decide to register an Account with us, you will create a user ID and password to access your Account. You agree to provide us with accurate, complete and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us if, and as soon as, such information changes and before you make any purchase related to the Services. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use the Services via your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason or for no reason at any time, as determined in our sole discretion.

  1. Permitted Use

All information, materials, and other content available through the Services (collectively, “Content”) is the sole and exclusive property of Virgin Hotels, its affiliates, or its licensors. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and to access, use, view, and print any Content, solely for your personal and internal business purposes. Except for the limited rights set forth in this Section, you may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party the Services or Content. When using the Services, you must not:

  • decompile, decipher, disassemble, translate, modify, reverse engineer or otherwise attempt to access the source code of the Services or Content, except where permitted by law notwithstanding this limitation;

  • remove any proprietary notices on the Services or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Services or Content;

  • upload to the Services the personal information of others that you are not authorized to provide;

  • provide any content, data or information to Virgin Hotels that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;

  • use the Services or Content in a way that suggests you are a representative of Virgin Hotels;

  • use the Services or Content as a platform for external applications, or to develop applications, services, websites, or any other functionalities that leverage the Services or Content;

  • infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party;

  • interfere with or disrupt the proper functioning of the Services or Content, Virgin Hotels or any third party systems used to host the Services, or other equipment or networks used to provide the Services or Content;

  • communicate the Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Services, or any part thereof;

  • circumvent the user authentication or security of the Services or any host, network, or account related thereto;

  • use any application programming interface to access the Services or Content;

  • make any use of the Services or Content that violates any applicable local, state, national, international or foreign law including United States and foreign export regulations and restrictions;

  • fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution, or other disclosure of the Services or Content;

  • allow any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) issued to, or selected by, Virgin Hotels for someone other than the individual identified in the account information; or

  • cause damage to Virgin Hotels’ business, reputation, employees, members, facilities, or to any other person or legal entity.

Any scraping, automated access, or other unauthorized access to, and storage of, Services or Content will result in immediate termination of your access to the Services, Content, and your Account. Virgin Hotels enforces a zero-tolerance spam policy regarding information transmitted through our network. Virgin Hotels may determine in its sole discretion whether any transmissions are considered spam. Spam includes, but is not limited to, the following:

  • Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Services, or e-mail that advertises any IP address belonging to Virgin Hotels or any URL (domain) that is hosted by Virgin Hotels.

  • The use of web pages set up on ISPs that allow spamming that directly or indirectly reference customers to domains or IP addresses hosted by Virgin Hotels.

  • Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

You agree not to use the Services for the purpose of recruiting for another hotel or service that offers competing functionality to the Services. Use of the Services or Content for any purpose other than what is described in this Section is prohibited.

  1. Promotions

From time-to-time, Virgin Hotels may offer you the opportunity to participate in challenges or other promotions (collectively, “Promotions”). Promotions may be subject to additional terms and conditions, and by participating in a Promotion you agree to any such terms and conditions. You may not transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM VIRGIN HOTELS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotions-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to be bound by our decisions, which are final and binding in all matters relating to the Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where they are prohibited, restricted, or taxed.

BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE VIRGIN HOTELS AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.

  1. Special Programs

From time-to-time, Virgin Hotels may offer you the opportunity to participate in loyalty program(s), including third-party loyalty programs  (each, a “Loyalty Program”). Our Loyalty Program, “The Know”, is governed by these Terms and the additional terms and conditions available at https://virginhotels.com/the-know/the-know-terms-conditions/ (“Loyalty Terms”), which are incorporated herein by reference. By registering for or participating in The Know, you agree to these Terms and the Loyalty Terms. If you are offered the opportunity to participate in a third-party Loyalty Program, such Loyalty Program is governed by the applicable third-party terms and conditions.

We reserve the right, at any time, to modify, terminate or suspend the availability of any Loyalty Program, in whole or in part, or the benefits offered in connection therewith and/or to correct errors or inconsistencies in Loyalty Program-related materials.

VIRGIN HOTELS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY THIRD-PARTY LOYALTY PROGRAM, ANY TERMS OR MATERIALS IN CONNECTION THEREWITH, OR THE ACTS OR OMISSIONS OF ANY PROVIDER THEREOF.

  1. Payments, Cancellation

A valid credit card is required to book a reservation through the Services. To determine whether your credit card will be charged prior to your arrival, please read the cancellation and deposit policy that displays during the reservation process. If booking accommodation, our general policy is that if you let us know that you need to cancel, no sweat. But if you don’t let us know within 24 hours of your stay, then there is a charge of one (1) night of your reservation rate, plus tax. Any specific cancellation, deposit, or other policy displayed at the time of purchase will govern with respect to such purchase.

  1. Reviews

Virgin Hotels may, from time-to-time, offer areas of the Services where you and other users can share ideas, comments, opinions or other information or materials (collectively, “Reviews”). You are responsible for your Reviews.

By submitting a Review, you represent and warrant that:

  • Your Review is true and accurate;

  • You own or otherwise control all of the rights to your Review, including copyrights and trademarks, necessary to meet your obligations to Virgin Hotels under these Terms; and

  • Your Review does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.

Reviews posted on the Services do not in any way represent the views of Virgin Hotels. Positive Reviews of any venue, restaurant, hotel, museum, or otherwise do not constitute a recommendation, endorsement, or guarantee by Virgin Hotels about such venue, and we make no representation as to the quality, accuracy, availability, or otherwise as to such Review. All Reviews are intended to reflect the personal impressions of users in their specific circumstances only, and not a general statement about the benefit of any Service over another. We recommend that you always research travel information from your own independent sources.

VIRGIN HOTELS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY REVIEW, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER MATERIALS CONTAINED IN REVIEWS. UNDER NO CIRCUMSTANCES ARE YOU ENTITLED TO PAYMENT FOR YOUR REVIEWS. ALL REVIEWS ARE DEEMED NON-CONFIDENTIAL AND NON-PROPRIETARY.

If we cancel or otherwise disable access to your Account, you may be permanently prevented from accessing your Reviews, any or all of which may be deleted by us.

  1. User Feedback

By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Services or other means, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information of you or any third party; (b) we are not under any obligations of confidentiality with respect to the Feedback; (c) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (d) you are not entitled to any compensation of any kind from us for the Feedback.

  1. Your Information and Privacy

Virgin Hotels views the protection of your privacy as an important responsibility. The privacy practices that we follow when collecting and using your personal information (“Personal Information”) and other information that you submit to us through the Services are described in our Privacy Policy, located at virginhotels.com/privacy-policy/.

  1. Links; Third Parties; No Endorsement

The Services contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of Virgin Hotels, and Virgin Hotels is not responsible for Linked Services, or for any information or materials on, or any form of transmission received from, any Linked Service. We are not responsible or liable, directly or indirectly, for, (a) the availability of any Linked Service, (b) any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services, products, or other materials on or available from Linked Services, (c) your participation, correspondence, or business dealings with any third party found on or through Linked Services that are solely between you and any such third party, or (d) any damage or loss caused, or alleged to be caused, by or in connection with your interaction with any such third party. Your use of any Linked Services is subject to the policies and procedures of the owner of such Linked Services, and not these Terms. You understand that by using any Linked Services, you may be exposed to content or other materials that are offensive, indecent, defamatory, or otherwise objectionable. The inclusion of a link does not imply endorsement by Virgin Hotels of the Linked Services or any association with the operators of the Linked Services. We do not investigate, verify or monitor the Linked Services. We provide links to Linked Services for your convenience only. You access Linked Services at your own risk. We reserve the right to remove any Linked Service or other reference to a third party from the Services at any time.

  1. Proprietary Rights and DMCA Notice

All Content is provided by Virgin Hotels or our licensors and is protected by copyright, trademark and other laws of the United States or other jurisdictions. All right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the Services and Content are owned by us or our licensors, and you have no rights in and to the Services or Content other than as expressly set forth in these Terms. Except for information that is in the public domain and is not otherwise limited by third party rights, or for which you have been given express written permission by us or our licensors, no Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose. However, you may print copies of materials on the Services for your personal, noncommercial use only, provided that you must keep intact all copyright, trademark, and other proprietary notices appearing therein and that you do not use such materials for any commercial purpose. You may not use any trademark of any individual or entity in a way that is likely or intended to cause confusion with such trademark holders.

If you believe in good faith that any Content has been copied in a way that constitutes copyright infringement, you may forward the following information to our Copyright Agent at either [email protected] or Virgin Hotels, LLC, ATTN: Legal Department, 65 Bleecker St., 6th Floor, New York, NY 10012 USA: (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.

  1. Travel Destinations

Travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. NEITHER WE, NOR ANY OTHER PROPERTY OWNERS OR PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE WEBSITE REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA THE WEBSITE IS ADVISABLE OR WITHOUT RISK, AND ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATION.

  1. Property Reservations

In addition to the other terms and conditions specified in these Terms and in Additional Terms regarding our Services our properties, the following general terms and conditions apply to reservations booked on the Website:

  • Cancellation policies and other information about specific room reservations and properties may vary by property and by the type of reservation. Individual rate rules, tax information, applicable charges and cancellation policies are displayed in the booking engine section of the Website, once you have entered check-in dates and selected a room type.

  • If you plan to travel with your pet, we recommend that you confirm directly with the property that they do, indeed, accept pets. Virgin Hotels accepts no responsibility for an individual property’s pet policy.

  • For non-US properties, rates confirmed in USD may be converted to local currency by the property at your time of stay, based on the exchange rate used by the property and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within our or the property’s control and may impact the amount charged to your credit card.

  • You may not make reservations or purchases for other purposes, including without limitation for purposes of reselling rooms or reservations, posting, marketing, advertising, or otherwise distributing rooms, reservations, or availability (including without limitation on third-party web sites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, or making reservations for commercial purposes (such as reselling rooms).

  • Reservations made by one or more individuals or by an agency on the Website, on behalf of one or more proposed guests, and involving more than nine (9) rooms at the same property for the same period of stay, must be directly through the property. If more than nine (9) rooms at the same property for the same period of stay are booked through any other method, we reserve the right to impose additional requirements on such reservations.

  • Requests for specific features such as bedding type or non-smoking rooms are simply that, and while most properties will strive to honor your requests, neither we nor the property guarantee that your request will be honored. Some rates have special requirements such as AAA membership or proof of age at check-in. Verify that you qualify for the rate that you have booked. Properties are not obligated to honor this rate if you do not provide proof of qualification at check-in.

  • Certain hotel properties require chip-enabled payment cards to be used for payment upon booking or at check-in. We reserve the right to use other fraud prevention or security measures, such as requesting for proof of identification at check-in.

  1. Right to Cancel

The Website may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Website, including without limitation rates, fees, or availability applicable to your transaction. Virgin Hotels assumes no responsibility or liability for such errors, inaccuracies or omissions. Virgin Hotels shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of reservation.

  1. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND YOU USE THE SERVICES AT YOUR SOLE RISK. VIRGIN HOTELS MAKES NO REPRESENTATIONS, WARRANTY, OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, ADEQUACY, SUITABILITY, USEFULNESS, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR CONTENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, OR FREE FROM ERRORS, BUGS, VIRUSES, WORMS, OMISSIONS, DEFECTS OR OTHER PROBLEMS, OR THAT ANY OF THEM WILL BE CORRECTED TO YOUR SATISFACTION, OR OTHERWISE THAT THE SERVICES WILL MEET YOUR NEEDS. THE SERVICES AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES DOES NOT CONSTITUTE ADVICE OF ANY KIND AND SHOULD NOT BE RELIED UPON IN ANY WAY. VIRGIN HOTELS IS NOT LIABLE FOR ANY OMISSIONS OR ERRORS OF THE SERVICES OR CONTENT. UNDER NO CIRCUMSTANCES WILL VIRGIN HOTELS BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL VIRGIN HOTELS OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS (COLLECTIVELY, “VIRGIN HOTELS PARTIES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOSS OF DATA, INCOME, LOST PROFITS, LOST BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS) ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OF THE SERVICES (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT), WHETHER OR NOT SUCH VIRGIN HOTELS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VIRGIN HOTELS PARTIES TO YOU, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE VALUE OF ALL PRODUCTS AND/OR SERVICES PURCHASED BY YOU THROUGH THE SERVICES IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE ARISING OF SUCH LIABILITY.

  1. Notice of Potential Limits of Sections 17 and 18

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 17 (Disclaimer of Warranties) OR SECTION 18 (Limitation of Liability) HEREOF MAY NOT APPLY TO YOU, BUT IN SUCH A CASE SUCH LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  1. Indemnification

You shall indemnify, defend, and hold harmless each of the Virgin Hotels Parties from all claims, demands, causes of action, or lawsuit (each, a “Claim” and collectively, “Claims”) and all resulting costs, liabilities, losses, expenses, and damages, actual and consequential, direct and indirect, of every kind and nature, including without limitation reasonable attorneys’ fees and disbursements, arising out of or related to your, (a) breach of any representations, warranties, covenants or obligations under these Terms, (b) negligence or misconduct related to use of the Services or Content, or (c) violation of any law or regulation. You shall provide all applicable Virgin Hotels Parties with prompt written notice of any Claim or potential Claim of which you become aware. Upon the assertion or commencement of any Claim against one or more of the Virgin Hotels Parties by any third party that may give rise to liability of any such Virgin Hotels Party hereunder, you shall assume control of the defense of such Claim at your sole expense and with counsel reasonably acceptable to each such applicable Virgin Hotels Party; provided, however, that each such Virgin Hotels Party may take part in or fully assume such defense, in its sole discretion and at its own expense, after you assume control thereof. You shall not enter into any settlement of any Claim that any of the Virgin Hotels Parties believes is adverse to its interests without receiving the prior written consent of each of the Virgin Hotels Parties affected by such Claim, or enter into any settlement of any Claim unless it releases all Virgin Hotels Parties of all liability for such Claim. In no event shall any of the Virgin Hotels Parties be obligated to participate in any settlement that any such party reasonably believes would have an adverse effect on such Virgin Hotels Party’s business interests.

  1. Pop-Ups

When using the Services you may occasionally view pop-up notices and advertisements. We use pop-up boxes for many reasons, like competition entry forms and questionnaires to help us improve the Services. Pop-ups that originate from us are clearly marked as coming from Virgin Hotels. You might also get pop-up boxes from other Virgin Hotels affiliated entities or third parties. We do not endorse any website or product that appears in any pop-ups that do not originate from Virgin Hotels. Please review our Privacy Policy regarding information that is collected by such third party pop-ups.

  1. Governing Law; Mandatory Arbitration; Timely Filing of Claims; Class Action and Jury Trial Waiver

EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN NEW YORK IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON-CONVENIENS OR OTHER REASON.

The terms of this section apply to all disputes, even if the actions or relationship giving rise to such disputes occurred prior to this version of the Terms (or such modification). However, the provisions of this section do not apply to any dispute as to which you have personally initiated a lawsuit or arbitration prior to agreeing to these Terms. 

 

We are reachable via the contact information at the end of these Terms to address any concerns you may have regarding your use of our Services or the Content, or the products purchased from the Services. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations as described below, which shall be a precondition to you initiating a lawsuit or arbitration against us (“Informal Dispute Resolution Process”). If you have a dispute with us, you must send an individualized, written notice describing the dispute to us via email to [email protected]. If we have a dispute with you, we will send a written notice to you using the contact information we have for you.

Promptly following receipt of such notice, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any dispute covered by these Terms. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Process required by this section.

Any matter or dispute relating in any way to your use of the Services or these Terms, which is not so resolved within 60 days of the opposing party receiving the notice shall be submitted to binding confidential arbitration as provided below.

Failure to complete the Informal Dispute Resolution Process is grounds for dismissal of any arbitration, described below. If a party brings an arbitration as described below without following the Informal Dispute Resolution Process, the arbitration shall be dismissed and such party is required to pay any reasonable costs and fees of the other party.

Excluding claims by us for injunctive or other non-monetary relief, any claims related to our Services, the Content, and any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise) or disagreements concerning the existence, breach, interpretation, application, or termination of these Terms, shall be brought on an individual basis and shall be resolved by final and binding arbitration before an arbitrator mutually selected by the parties. The arbitrator must have experience with the subject matter of the dispute, and be a former federal or state court judge. The parties intend the Federal Arbitration Act (“FAA”) to apply to ensure enforcement of this arbitration agreement. 

The parties will meet and confer in good faith to select an arbitrator. For purposes of this section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in these Terms. If, after 60 days of good faith meet and confer efforts, the parties are unable to agree on an arbitrator, either party may petition the courts of New York or the United States District Court for the Southern District of New York to appoint an arbitrator meeting the requirements herein from the arbitrators proposed by the parties. 

The arbitration shall be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The selection of the AAA Commercial Arbitration Rules does not mean that the arbitration will be administered by AAA.

The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, except to the extent that disclosure may be legally required of a party, necessary to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

The arbitration shall take place in New York or at the option of the party seeking relief, online, by telephone, via written submissions alone or in your state of residence if requested. If the party seeking arbitration fails to appear at the administrative conference regardless of whether such party's counsel attends, the arbitrator will administratively close the arbitration proceeding without prejudice, unless such party shows good cause as to why they were not able to attend the conference. You and we agree that the party initiating arbitration must submit a certification to the arbitrator that they have complied with and completed the Informal Dispute Resolution Process requirements referenced above and that they are a party to the arbitration agreement enclosed with or attached to the demand for arbitration. The arbitrator is authorized to impose any sanctions under the AAA Commercial Arbitration Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel. Except as expressly provided in this arbitration agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.

If the arbitrator finds that the costs and fees of an arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous, brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), or asserted in bad faith. If we initiate an arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law). Except as provided herein, the parties shall bear their own attorneys’ fees and costs in any arbitration.

INDEPENDENT OF ANY AGREEMENT TO ARBITRATE, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER 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 ACTION.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. Additionally, in any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to reasonable attorneys’ fees, court costs, and disbursements.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM THAT YOU MAY HAVE AGAINST ANY OF THE VIRGIN HOTELS PARTIES THAT ARISES OUT OF OR IS RELATED TO YOUR USE OF THE SERVICES, CONTENT, OR THESE TERMS MUST BE FILED BY YOU PURSUANT TO THIS SECTION WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.

  1. Termination

You may terminate your account or use of the Services at any time. We may, in our sole and absolute discretion, take whatever action we deem necessary to preserve the integrity of the Services and Content. Violation of any of these Terms may result in actions being taken by us, effective immediately or at a time determined by us, which may include without limitation: (a) temporarily suspending your access to the Services, or (b) permanently terminating your access to the Services. Without limiting the foregoing, we retain the right to decline to provide services to any user who violates these Terms or our Privacy Policy.

Termination will not limit any of Virgin Hotels’ other rights or remedies. Section 8 (Reviews), Section 9 (User Feedback), Section 12 (Proprietary Rights), Section 13 (Disclaimer of Warranties), Section 17 (Limitation of Liability), Section 18 (Notice of Potential Limits of Sections 13 and 17), Section 19 (Indemnification), Section 21 (Governing Law; Mandatory Arbitration; Timely Filing of Claims; Class Action and Jury Trial Waiver), Section 25 (Miscellaneous), and any other provision that, by its nature, is intended to survive termination shall survive termination of these Terms.

  1. Notice to California Residents

BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Services is:

Virgin Hotels North America, LLC
ATTN: Legal Department
3390 Mary Street, Suite 218
Miami, FL  33133

Email:  [email protected]

 

If you should have any further questions, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

  1. International Use

Please be aware that we have locations in the United States and that the Services and Content are governed by United States law. If you are using the Services or accessing the Content from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.

Virgin Hotels makes no representation that the Services or Content are appropriate or available for use in locations outside of the United States, and access to the Services or Content from territories where such Services or Content is illegal is prohibited. Those who choose to access the Services and Content from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or Content in violation of United States export laws and regulations.

If you use the Services or access the Content outside of the United States, we may transfer, store, and process your information to and in the United States. We will implement safeguards to ensure an appropriate level of data protection for your information. If you use the Services or access the Content outside of the United States, you will not access or use the Services or Content if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Virgin Hotels or its affiliates to any registration requirement within such jurisdiction or country.

  1. Miscellaneous

You may not resell or assign any or all of your rights, duties, or obligations under these Terms, and any attempted assignment or delegation will be void and of no force or effect whatsoever. These Terms may be assigned by Virgin Hotels, in our sole discretion, and such an assignment will inure to the benefit of our successors, assigns, or licensees. Unless otherwise indicated, these Terms (including without limitation any Additional Terms) and the Privacy Policy constitute the entire agreement between you and Virgin Hotels and supersedes all prior agreements and arrangements between us related to the subject matter herein. If any provision or part of these Terms is or becomes illegal, invalid, or unenforceable, the legality, validity and enforceability of all of the other provisions and parts of these Terms will not be impaired and shall continue in full force and effect, and the application of such provision to other persons or circumstances will be interpreted so as to reasonably effect the intent of you and Virgin Hotels. No failure or delay by Virgin Hotels in exercising or enforcing any right, power or remedy that arises under these Terms shall operate as a waiver of that or any other right, power or remedy. No waiver by Virgin Hotels shall be effective unless in writing and signed by an authorized representative of Virgin Hotels. Any written notice required under these Terms may be provided by means of electronic mail to you at the email address you have provided to us in your Account or to us at [email protected].

  1. Finally – Please Talk to Us

If you have any queries, comments or complaints regarding the Services, Content, or these Terms, please speak with us. Our door is always open to you. You can email [email protected] to contact us, or you can write to us at:

Virgin Hotels North America, LLC

Marketing Department

3390 Mary Street

Suite 218
Miami, FL 33133

We appreciate your feedback and your suggestions, they help us to improve the Services.

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