Last Updated: October 8, 2014
Welcome to Virginhotels.com
Virgin Hotels, LLC (“Virgin Hotels”, “we” “us” or “our”) operates this website located at www.virginhotels.com (the “Website”), and we ask that each of our Website users (each a “user” and collectively “users”, and when such user specifically refers to you then “you”, “your”, “yours” or “yourself”) takes the time to read these Terms & Conditions (these “T&C”) carefully. These T&C explain a number of important things including, for example, the rules covering your use of the Website. By using the Website, you confirm to us that you have read and understood and agree to these T&C. If you do not agree to be bound by these T&C, then you are not authorized to use the Website. Furthermore, you are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with us, or (b) you are a person barred from using the Website either (i) under the laws of the country in which you reside or from which you are attempting to access the Website, or (ii) due to prior violations of these T&C. If you do not meet such criteria, please do not attempt to use the Website and do not provide us with your name, contact details or any other information about yourself or otherwise use the Website. If we learn that a user is under eighteen (18) years of age, we will cancel such user’s Account.
These T&C may change from time to time and, if they do, the up-to-date version of these T&C will always be available via the Website’s home page. We will indicate at the top of these T&C when they were last updated. Please ensure that you check these T&C regularly to view any changes which may have been made, because by continuing to use the Website after these T&C have changed, you will be confirming that from such date you have read and understood, and agree to be bound by, the then-current version of these T&C.
There may be ancillary terms and conditions related to your use of this Website, such as those related to the reservation of accommodations, our payment and cancellation policies, and promotions that we may offer from time to time. The provisions of such ancillary terms will be incorporated into these T&C and shall be binding upon you upon being posted to the Website.
1. Registering with Us
You will only be able to use certain functionality of the Website if you register with us. If you decide to register with us, you will create a user ID and password to access your user account (“Account”). You shall not to allow any third party to use your Account to access the Website and you shall strictly safeguard all information that would enable any individual or entity to access the Website by using your Account. You are fully responsible for your failure to safeguard information and/or to permit any other person to access or use the Website using your Account and for all activities that occur under your Account. You may not sell or otherwise transfer your Account. You shall notify Virgin Hotels immediately of any unauthorized use of your Account or otherwise of the Website. Virgin Hotels shall not be liable for any loss that results from the unauthorized use of your Account, either with or without your knowledge. You shall provide us with accurate, complete and current information about yourself during registration and at all other times, and you shall update all information provided to us or requested by us if and as soon as such information changes before you make any purchase of products or services offered through the Website or you upload any of Your Content (as hereinafter defined) to the Website. We have the right to cancel or suspend your registration and/or any transactions of yours for any reason (without having to specify the reason) or for no reason at any time, as determined in our sole discretion, including without limitation if we believe you have violated these T&C. If we cancel or otherwise disable access to your Account, you may be prevented from accessing certain portions of the Website, including without limitation all text, comments, icons, images, messages, tags, links, photographs, audio, video and other like content appearing on the Website (collectively, “Content”) and further including without limitation all Content posted by you to the Website (“Your Content”), all of which may be deleted by us. Such disabling or cancelling of your Account means that you may permanently lose access to all of Your Content.
2. Payments; Cancellation
A valid credit card is required to book a reservation through the Website. To determine whether your credit card will be charged prior to your arrival, please read the cancellation and deposit policy that displays as you make your reservation online. This information displays immediately below the credit card number field. However, 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 night of your reservation rate plus tax.
3. Website Reviews
Reviews posted on the Website do not in any way represent the views of Virgin Hotels. Positive reviews of any venue, restaurant, hotel, museum, or otherwise does not constitute a recommendation, endorsement or guarantee by Virgin Hotels about such venue, and we make no representation as to quality, accuracy, availability or otherwise. 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 product or service over another product or service. We do not guarantee the accuracy of any review. We further make no guarantee that any such information, or information in reviews posted on the Website will be accurate or up to date at the time you read it. Always review travel information from your own independent research and not from any Content.
4. Your Information and Privacy
5. Links; Third Parties; No Endorsement
The Website may provide links to third party websites or provide contact information of third parties that we believe may be of possible interest to you. Because we do not endorse or otherwise have control over such websites, we are not responsible or liable, directly or indirectly, for (a) the availability of such websites, (b) any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services, products, or other materials on or available from such websites, (c) your participation, correspondence or business dealings with any third party found on or through the Website regarding payment and/or delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, which 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 or any other third party related to your use of the Website. Your use of any website linked to from the Website is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of these T&C (other than for this section). You understand that by using any third party website linked to from the Website, you may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable. Virgin Hotels is neither affiliated with, nor sponsored or endorsed by, any third party product, service, methodology or person. We reserve the right to remove any link or other reference to a third party from the Website at any time.
6. Proprietary Rights
All text, comments, icons, images, messages, tags, links, photographs, audio, video and other like content appearing on the Website (collectively, “Content”) is provided by Virgin Hotels or our third party licensors and is protected by copyright, trademark and other laws of the United States and/or other jurisdictions. Other than for third party Trademarks and other Content, as between you and us, all right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to Website (including without limitation all other Content) is owned by us, and that you have no rights in and to the Website other than as expressly set forth in these T&C. Except for that information which 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, 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 without our prior written consent or, where applicable, that of our licensors. However, you may print copies of materials on the Website 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 or in any manner which competes with us.
“VIRGIN” is a Trademark of Virgin Enterprises Limited. All other Trademarks appearing on the Website are the property of their respective owners. Virgin Hotels is not affiliated with, or sponsored or endorsed by any third party trademark owner whose Trademark appears on the Website and whose owner is not indicated to be Virgin Hotels or an affiliated “Virgin” entity. As used herein, the term “Trademarks” means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, and trade dress appearing on the Website which indicate a source of goods or services. Trademarks are protected by the trademark laws of the United States and/or other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any manner, including without limitation the distribution of Content for advertising or publicity or otherwise, without our prior written consent or the consent of such third party Trademark holder, as applicable. Unless you have been expressly authorized to do so in writing by Virgin Hotels or any other applicable Trademark holder, you shall not use any Trademark of any individual or entity in a way that is likely or intended to cause confusion with such Trademark holder.
7. Disclaimer of Warranties
YOUR USE OF THE WEBSITE (INCLUDING WITHOUT LIMITATION YOUR PURCHASE OF ANY PRODUCTS AND/OR SERVICES PURCHASED FROM US) ARE “AS IS”, “AS AVAILABLE”, AND AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL VIRGIN HOTELS OR ANY OF ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, LICENSORS, AGENTS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES AND SERVICE PROVIDERS (COLLECTIVELY, THE “VIRGIN HOTELS PARTIES”) BE RESPONSIBLE, OBLIGATED OR LIABLE IN ANY WAY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, RELATED TO YOUR USE OF THE WEBSITE OR OTHERWISE YOUR PURCHASE OR USE OF ANY OF THE PRODUCTS AND/OR SERVICES OFFERED THROUGH THE WEBSITE, OR YOUR INTERACTION WITH ANY THIRD PARTY WEBSITE OR THIRD PARTY, WHETHER LINKED TO FROM OR REFERRED BY THE WEBSITE OR OTHERWISE. VIRGIN HOTELS FURTHER DOES NOT MAKE ANY GUARANTY OF THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF THE WEBSITE, AND IS NOT RESPONSIBLE FOR OR OTHERWISE LIABLE FOR LOSSES OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM (A) ANY USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION THE CORRUPTION OR LOSS OF ANY CONTENT, (B) YOUR USE OF ANY OF THE PRODUCTS AND/OR SERVICES OFFERED THROUGH THE WEBSITE, OR (C) FOR ANY ERRORS OR OMISSIONS ALLEGED TO ARISE FROM OR ARISING FROM THE USE OF THE WEBSITE OR ANY OF SUCH PRODUCTS AND/OR SERVICES. VIRGIN HOTELS DOES NOT GUARANTEE THAT THE WEBSITE WILL BE TIMELY, ADEQUATE, ACCURATE, COMPLETE, 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 WEBSITE WILL MEET YOUR NEEDS. SPECIFICALLY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, VIRGIN HOTELS DISCLAIMS (I) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE AND ANY OF THE PRODUCTS AND/OR SERVICES OFFERED THROUGH THE WEBSITE, AND (II) ALL WARRANTIES NOT EXPRESSLY MADE IN THESE T&C.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY OF THE VIRGIN HOTELS PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, LOST BUISINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS) ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY YOUR USE OF (A) THE WEBSITE (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT APPEARING THEREON OR YOUR LOSS OF DATA, INCOME, OR PROFIT, OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE), OR (B) ANY PRODUCT AND/OR SERVICE OFFERED THROUGH THE WEBSITE, WHETHER OR NOT VIRGIN HOTELS 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), COLLECTIVELY EXCEED THE LESSER OF (A) THE VALUE OF ALL PRODUCTS AND/OR SERVICES PURCHASED BY YOU THROUGH THE WEBSITE IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE ARISING OF SUCH LIABILITY, OR (B) FIVE THOUSAND DOLLARS ($5,000). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 7 OR 8 HEREOF MAY NOT APPLY TO YOU BUT IN SUCH A CASE SUCH LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You shall indemnify, defend and hold harmless each of the Virgin Hotels Parties from all claims, demands, actions, causes of action and/or lawsuits (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 (collectively, “Losses”) arising out of or related to your (a) breach of any of your representations, warranties, covenants or obligations under these T&C, (b) negligence or misconduct, 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 the control of the defense of such Claim at your sole expense with counsel reasonably acceptable to each such applicable Virgin Hotels Party; provided, however, that each such Virgin Hotels Party may take part in and/or fully assume such defense, in its sole discretion and at its own expense, after you assume the control thereof. You shall not enter into any settlement of any Claim which 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. In no event shall any of the Virgin Hotels Parties be obligated to participate in any settlement which any such party reasonably believes would have an adverse effect on such party’s business interests.
10. Pop Ups
11. Governing Law; Arbitration; Timely Filing of Claims
These T&C shall be governed by and construed in accordance with the laws of the State of New York, excluding New York’s choice-of-law principles. Any Claim brought by you which is arising out of or relating to these T&C, including without limitation regarding any breach hereunder, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the City of New York, State of New York, by a panel of three (3) arbitrator(s) with applicable industry expertise in the field of hospitality services, who shall be named in accordance with such rules. The award of the arbitrators shall be final and binding on you and us and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and us shall be deemed to be confidential information and shall not be made public by either you or us. The non-prevailing party in such proceedings shall pay the prevailing party’s costs and expenses, including but not limited to reasonable attorneys’ fees. No arbitration or claim under these T&C shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision. 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 WHICH ARISES OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR OTHERWISE THESE T&C MUST BE FILED BY YOU PURSUANT TO THIS SECTION 11 WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
You shall not to resell or assign any or all of your rights, duties or obligations under these T&C and any attempted assignment or delegation will be void and of no force or effect whatsoever. These T&C may be automatically assigned by Virgin Hotels, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your PII, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, including without limitation in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such an event, the PII we have collected from you may be one of the assets transferred.
13. Finally — Please Talk to Us
If you have any queries, comments or complaints regarding the Website or these T&C, please speak with us. Our door is always open to you. You can click here to contact us or you can write to us at: Virgin Hotels, LLC, Attention Marketing Department, 3390 Mary Street | Suite 218 | Coconut Grove, FL 33133. We appreciate your feedback and your suggestions will help us to improve the Website and our services to you.