Terms & Conditions
Virgin Hotels Terms & Conditions
Effective Date: May 6, 2020
Welcome to Virginhotels.com!
- Changes to Terms
These Terms may change from time-to-time and, if they do, the up-to-date version of these Terms will always be available via www.virginhotels.com. 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.
- 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. 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 Additional Term is inconsistent with the provisions of these Terms, the Additional Term will prevail for the specific Service(s) to which it applies.
- 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@example.com 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.
- 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. Use of the Services or Content for any purpose other than what is described in this Section is prohibited.
From time-to-time, Virgin Hotels may offer you the opportunity to participate in challenges or other promotions (collectively, “Promotions”). 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 that 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.
- 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.
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.
- 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.
- Your Information and Privacy
- 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.
- Proprietary Rights
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 holder.
- 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.
- 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.
- Notice of Potential Limits of Sections 13 and 14
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 13 (Disclaimer of Warranties) OR SECTION 14 (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.
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.
- Governing Law; Arbitration; Timely Filing of Claims; Class Action Waiver
These Terms shall be governed by, and construed in accordance with, the internal laws of the State of New York, excluding New York’s choice-of-law principles. Any Claim brought by you that arises out of or relates to the Services, Content, or these Terms, including without limitation any breach hereunder, shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having valid 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 relating to the arbitration. YOU AND VIRGIN HOTELS EACH AGREE TO PURSUE ARBITRATION ONLY ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN A STATE OR FEDERAL COURT. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IF FOR ANY REASON, ANY CLAIM OR CAUSE OF ACTION, OR ANY PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY A PARTY AGAINST THE OTHER PARTY, BASED UPON, ARISING OUT OF, OR RELATED TO THE SERVICES, CONTENT, OR THESE TERMS, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE, PROCEEDS IN FEDERAL OR STATE COURT, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. THIS WAIVER APPLIES TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THESE TERMS. 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 Section.
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.
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 14 (Limitation of Liability), Section 15 (Notice of Potential Limits of Sections 13 and 14), Section 16 (Indemnification), Section 18 (Governing Law; Arbitration; Timely Filing of Claims; Class Action Waiver), Section 22 (Miscellaneous), and any other provision that, by its nature, is intended to survive termination shall survive termination of these Terms.
- 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, LLC
ATTN: Legal Department
65 Bleecker St., 6th Floor
New York, NY 10012
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.
- 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 you, (a) consent to the transfer, storage, and processing of your information to and in the United States; (b) 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 (c) 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.
- 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 firstname.lastname@example.org to contact us, or you can write to us at:
Virgin Hotels, LLC
3390 Mary Street
Miami, FL 33133.
We appreciate your feedback and your suggestions, they help us to improve the Services.