Website Terms & Conditions

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Effective Date: February 5, 2019

Expand the sections below to review our terms and conditions in detail.

Part I - Section for Global Application

1.    Who we are and what these terms cover

Virgin Cruises Intermediate Limited ("Virgin Voyages", "we", "us", or "our") operates this website located at www.virginvoyages.com, as well as other online channels and social media, including but not limited to Facebook, Instagram, and Twitter (collectively, the "Website"). We ask that each individual who accesses or uses our Website (each a "user" and collectively "users", and when such user specifically refers to you then "you", "your", "yours" or "yourself") take the time to read these Terms & Conditions (these "T&C") carefully. These T&C form the contract covering your use of the Website and apply to all users of the Website.

2.    How to contact us

You can contact our customer service team by email at ahoy@virginvoyages.com, by post to 1000 S. Pine Island Road, Suite 600, Plantation, Florida 33324 or by telephone at (954) 361-9500.

3.    Why you should read our T&C

By accessing or using the Website, you confirm to us that you have read, understood, and agree to be bound by these T&C. If you do not agree to be bound by these T&C, then you are not authorized to access or use the Website and should stop using, browsing, or accessing the Website immediately. 

4.    Other terms that apply to your use of the website

The following additional terms that can be found at the footer of our Website will apply to your use of our Website:

  • Our Privacy Policy (in respect of our use of your personal information); and
  • Our Cookie Policy.

5.    When you should not use our website

You are not authorized to use the Website if: (a) you are not of legal age of majority in your jurisdiction of residence 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 are not authorized to use the Website according to the foregoing, please do not attempt to use the Website and do not provide us with your name, contact details or any other information about yourself.

6.    Changes to these T&C and the website

These T&C may change from time to time and, if they do, the most current version of these T&C will always be available via the Website’s home page and will be effective immediately upon posting. We indicate at the top of these T&C the Effective Date. Please ensure that you check these T&C regularly to view any changes which may have been made, because by using the Website after these T&C have changed, you will be confirming that you have read, understood, and agree to be bound by, the then-current version of these T&C.

We reserve the right to modify, discontinue and/or delete any feature, functionality, tools and content of the Website at any time and at our sole discretion. You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content of the Website, and will not be liable with respect to any such modifications, discontinuance or deletions.

7.    Information and links on our website

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

8.    User accounts

In order to create a Website user account ("Account"), you will be asked to provide certain registration details and other information. It is a condition of your use of the Website and your Account that all the information you provide on the Website and during the Account registration process is correct, current, and complete. Any personal information you provide during the Account registration process will be processed by us in accordance with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information then you must treat such information as confidential, and you must not disclose it to any other person or entity. 

You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. 

You agree to notify us immediately of any unauthorized access to or use of your Account, user name or password. You should ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for example if, in our opinion, you have violated any provision of these T&C.

9.    Bugs and viruses

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may, in your jurisdiction of residence, commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

10.    Submission of ideas

We will only consider submissions of ideas (e.g., new products, concepts, services or enhancements, websites, social media or service functionality, prospective business opportunities, names, artwork, writings or inventions) ("Idea Submissions") if you agree to all terms and conditions herein, without modification.

In consideration of the opportunity to request our review of your idea, you agree that:

  1. You are at least the legal age of majority under the laws of the jurisdiction in which you reside, and you are the owner of the Idea Submission. If you are acting jointly with another person(s) as collaborator(s), you agree that you will name each collaborator. By asserting that you are an owner of an Idea Submission, you agree that you have determined you do not have an obligation to transfer or assign ownership of any part of the Idea Submission to your current or former employer or to another person or entity, and that you will disclose to us whether your Idea Submission may be the subject of an obligation or intellectual property assignment with your current or former employer or any other entity.
  2. Your Idea Submission will not in any way establish a fiduciary or confidential relationship with us or with our employee or representative; and further your Idea Submission will not intentionally or unintentionally place us in the position of receiving a disclosure in trust.
  3. We will not be obligated and make no commitment to treat or maintain Idea Submissions in confidence, even if the Idea Submissions are marked as "Confidential" or intended to be confidential; and as such, you will not disclose to us Idea Submissions which are marked "Confidential" or which you believe are confidential to you or a third party.
  4. We are not obligated to use any Idea Submission, and we will not provide any compensation to you in exchange for any Idea Submission or our use of any Idea Submissions.

If you provide us with an Idea Submission, you acknowledge you are aware that under the law of the United States and/or other applicable local, state, provincial or federal laws in your country of residence, you may be able to protect your idea through patent filings, copyrights, trademarks or as trade secrets ("Intellectual Property Rights"). If you believe your idea has value, you should seek independent legal advice as to what forms of legal protection may best protect you. If you elect to make an Idea Submission to us, you agree that you are transferring all Intellectual Property Rights in the Idea Submission by assignment, whether present or potential, to us, and further that you are releasing us of all liabilities or claims which you have or may have had. You understand that you will not be compensated for an Idea Submission, even if we appear to use or otherwise exploit the Idea Submission. You further acknowledge that we have no obligation of attribution and that you waive all moral rights in and to the Idea Submissions. We will have no liability to you for receipt, review, use, confidentiality or disclosure of any part of the Idea Submission. We will not return any Idea Submission materials and may choose not respond to Idea Submissions or if we respond, we may not choose not to include reasons for any rejection.

 

11.     Proprietary rights

As between you and Virgin Voyages, all text, comments, ideas, concepts, submissions, intellectual property, code, postings, icons, images, designs, sketches, messages, tags, links, photographs, audio, video and other like content, as applicable, which appear on or are embedded in the Website (collectively, "Content") and all right, title and interest (including without limitation all copyright, trademark, patent, trade secret, moral rights, and other intellectual property rights) in the Content, are owned exclusively by us or our licensors, and you have no rights in or to the Website or Content other than as expressly set forth in these T&C. 

All Content is protected by copyright, trademark and other laws of the United States and/or other jurisdictions. 

Virgin Voyages hereby authorizes you to copy, share, distribute, or republish materials published by Virgin Voyages on the Website solely for non-commercial use in support of your interaction with Virgin Voyages’ services and with attribution to Virgin Voyages. In consideration of this authorization, you agree that any copy of these materials that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original.

Prohibited Uses: No other use of the Content is authorized. 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 in any form, or by any means without our prior written consent or, where applicable, that of our licensors. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, or copyright of Virgin Voyages or any third party. You shall not harvest or otherwise collect any data, information or content from the Website, including by using manual or automated software, devices, or other processes to "crawl," "scrape" or "spider" any page of the Website to copy, obtain, propagate, distribute or misappropriate any content; and you shall not use the Website or any Content for any commercial purpose.

"VIRGIN" is a Trademark of Virgin Enterprises Limited. All other Trademarks appearing on the Website are the property of the respective owners of such Trademarks. 

Virgin Voyages 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 Voyages 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.

12.     Your website submissions

A.    Our Website may include information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

B.    Any materials submitted by you to Virgin Voyages via the Website, or via any link within the Website, that may appear on or become embedded in the Website, or that may otherwise be used by Virgin Voyages in any way or for any purpose (excluding Idea Submissions) is hereafter referred to as "Your Submission". By submitting Your Submission, you grant to Virgin Voyages, and to its parent companies, subsidiaries and affiliates and their successors, assigns, licensees, and joint ventures (collectively, the "Virgin Grantees" and each, a "Virgin Grantee") the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, non-exclusive, and royalty-free right, license, authorization, and permission, to use Your Submission, in any form or format, on or through any media and with any technology or devices now known or hereafter developed or discovered, in whole or in part, including without limitation to host, cache, store, maintain, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, incorporate into any other content and otherwise exploit through the Website and any other channels, services, and other distribution platforms through all types of media, whether currently existing or existing or developed in the future (collectively, the "Platforms"), for any purpose whatsoever including, without limitation, for any promotional or marketing purposes without accounting, notification, credit or other obligation of compensation or otherwise to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to the Virgin Grantees, in our sole discretion, including without limitation, the right to distribute and synchronize all or any portion of Your Submission in timed relation to any other visual elements; to webcast, podcast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of Your Submissions; to encrypt, encode and decode, and compress and decompress all or any portion of Your Submissions; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of Your Submissions; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of Your Submissions; and to excerpt and/or extract portions of Your Submissions in order to host, store, index, categorize and display Your Submissions on or through the Platforms, without any credit, compensation or other benefit to you whatsoever. You will not receive any remuneration or compensation for the use of Your Submission, now or in the future, and including but not limited to royalties or any other consideration, and you have no right to inspect or approve use of Your Submission, including but not limited to written copy that may be created and appear in connection therewith. We have no obligation to retain Your post of or make any use of Your Submission. We will not return to you any copies of or materials relating to Your Submission.

C.    Your Submissions are subject to and made in accordance with these T&C and submission of Your Submission confirms your acceptance of, and agreement to be bound by, all the terms and conditions of these T&C. By submitting Your Submission, you represent and warrant that: (a) you are the exclusive owner of all rights to Your Submission and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in these T&C, or have all necessary authorizations, permissions, approvals, consents, rights and licenses from the other owner(s) of or persons or property depicted in any part of Your Submission to perform and comply with all of the provisions of these T&C; (b) it is your original work; (c) it has not been previously published; (d) you have the legal right and capability to enter into these T&C and perform and comply with all of its terms and conditions, or if you are under the legal age of majority in your jurisdiction of residence, you represent and warrant to us that you have the permission of your parent or guardian to submit Your Submission and your parent or guardian agrees to these T&C; (e) all of the information provided by you associated with Your Submission is correct, complete, and current to the best of your knowledge; (f) none of Your Submission violates these T&C, violates any rights of any other party whether or not they appear in Your Submission, violates any of your obligations, infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any third party, or otherwise violates any law or regulation; (g) the submission of Your Submission is not subject to or under the jurisdiction of any guild or union collective bargaining agreement and neither Virgin Voyages nor any of the other Virgin Grantees shall be obligated or responsible for providing any guild or residual payments, or payments to any manager, agent, or other representative in connection with the submission and exploitation of any of Your Submission; (h) publication of Your Submission via various media, including posting on the Website, will not infringe on the rights of any third party; and (i) Your Submission does not contain any obscene, abusive, discriminatory, profane, violent, unlawful, sexually explicit, or defamatory material. Any of Your Submissions which do not comply with these T&C may be promptly removed from the Website and your Account may be suspended or deleted.

D.    Virgin Voyages and the Virgin Grantees are not responsible for: (a) unauthorized human intervention in any part of the process for submitting Your Submission; (b) printing, typographical, technical, computer, network or human error which may occur in the administration of the submission process; (c) lost, undeliverable, or damaged submissions; or (d) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Your Submission. Virgin Voyages and the Virgin Grantees are not responsible for misdirected or undeliverable submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Virgin Voyages and the Virgin Grantees are not responsible for any unauthorized third party use of Your Submission.

13.    Notice and procedures for making claims of copyright or intellectual property infringement

Virgin Voyages may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent a Notice containing the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Website (providing URL(s) in the body of an email is the best way to help us locate content quickly);
  4. your name, address, telephone number, and email address;
  5. 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;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Virgin Voyages' Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:

Copyright Agent, Virgin Cruises Intermediate Limited
1000 South Pine Island Road, Suite 600
Plantation, FL 33324
Email: copyrightagent@virginvoyages.com

14.    Your information and privacy

Virgin Voyages views the protection of your privacy as an important responsibility. The terms regulating the handling of your personally identifiable information ("Personal Information") is described in our Privacy Policy. By using the Website, you acknowledge the collection and use of your Personal Information by us as described in the Privacy Policy

15.    Release and indemnification

IF YOU ARE AN EUROPEAN ECONOMIC AREA (“EEA”) RESIDENT, PLEASE CLICK HERE.

YOU HEREBY AGREE TO RELEASE EACH OF VIRGIN VOYAGES, THE OTHER VIRGIN GRANTEES, AND ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, LICENSORS, PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, ADVERTISING/PROMOTION AGENCIES, AND ALL THIRD PARTIES TO WHOM WE HAVE LICENSED OR ASSIGNED ANY OF THE RIGHTS OBTAINED THROUGH THESE T&C, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "VIRGIN VOYAGES PARTIES" AND EACH, A "VIRGIN VOYAGES PARTY") FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTIONS, SUITS, PENALTIES, FINES, LOSSES OR DAMAGES (COLLECTIVELY, "CLAIMS") ARISING OUT OF: (A) THE USE OF THE WEBSITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY; (B) YOUR INTERACTION WITH ANY OTHER USERS OR YOUR USE OF MATERIALS SUBMITTED BY OTHER USERS; AND (C) ANY AND ALL CLAIMS WHICH YOU MAY OR CAN HAVE IN CONNECTION WITH IDEA SUBMISSIONS, YOUR SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL LIABILITY FOR ANY USE OR NON-USE OF IDEA SUBMISSIONS, YOUR SUBMISSIONS OR OTHER CONTENT, CLAIMS FOR DEFAMATION, LIBEL, SLANDER, INVASION OF PRIVACY, RIGHT OF PUBLICITY, DIRECT OR INDIRECT TRADEMARK INFRINGEMENT, UNFAIR COMPETITION, DIRECT OR INDIRECT PATENT INFRINGEMENT, DIRECT OR INDIRECT COPYRIGHT INFRINGEMENT, PSYCHOLOGICAL HARM, EMOTIONAL DISTRESS OR ECONOMIC LOSS. EACH OF THE VIRGIN GRANTEES HAS THE RIGHT TO ASSIGN, TRANSFER, CONVEY, LICENSE, SUB-LICENSE AND OTHERWISE TRANSFER, SUB-CONTRACT, DELEGATE, OUTSOURCE OR ENGAGE THIRD PARTIES TO PERFORM OR BENEFIT FROM ALL OR ANY PORTION OF ITS OR THEIR RIGHTS AND/OR OBLIGATIONS TO ANY ONE OR MORE OTHER PARTIES, WITHOUT ACCOUNTING, REPORTING, OR NOTIFYING YOU OR ANY OTHER OBLIGATION OR LIABILITY TO YOU WHATSOEVER, NOW OR IN THE FUTURE. YOU ALSO FOREVER WAIVE AND RELINQUISH ALL MORAL RIGHTS OR DROIT MORAL NOW OR HEREAFTER RECOGNIZED IN CONNECTION WITH YOUR SUBMISSION AND THE RIGHTS GRANTED TO THE VIRGIN GRANTEES.

YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE VIRGIN VOYAGES PARTIES FROM AND AGAINST ANY CLAIMS, INCLUDING REASONABLE LEGAL FEES AND EXPENSES INCURRED IN RESPONDING TO SUCH CLAIMS, ASSERTED BY ANY PERSON OR THIRD PARTY, ARISING OUT OF OR RELATING TO: (A) THIS AGREEMENT AND/OR ANY BREACH BY YOU THEREOF; (B) ANY AND ALL OF YOUR SUBMISSIONS OR IDEA SUBMISSIONS, INCLUDING ANY CLAIMS BY ANY THIRD PARTY THAT SAID SUBMISSIONS BY YOU CONSTITUTE TRADEMARK, PATENT OR COPYRIGHT INFRINGEMENT; (C) YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION ANY DATA, CONTENT, OR WORK TRANSMITTED OR RECEIVED BY YOU IN CONNECTION THEREWITH; (D) ANY UNACCEPTABLE OR OBJECTIONABLE USE OF THE WEBSITE, AS WE DETERMINE AT OUR SOLE DISCRETION; AND (E) ANY NEGLIGENT OR WILLFUL MISCONDUCT BY YOU.

16.    Disclaimers and limitation of liability

IF YOU ARE AN EEA RESIDENT, PLEASE CLICK HERE.

IF YOU ARE A RESIDENT OF CALIFORNIA, PLEASE CLICK HERE.


PLEASE NOTE THAT WE ONLY PROVIDE OUR WEBSITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR WEBSITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION YOUR SUBMISSIONS AND IDEA SUBMISSIONS IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR SUBMISSIONS, IDEA SUBMISSIONS, FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE WEBSITE OR LINKS CONTAINED THEREIN, AND FOR YOUR INTERACTIONS WITH ANY OTHER USERS, OR THE CONTENT OR MATERIALS SUBMITTED OR POSTED ON OR THROUGH THE WEBSITE BY OTHER USERS. VIRGIN VOYAGES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO YOU REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE WEBSITE, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE WEBSITE WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER. VIRGIN VOYAGES NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS DISPLAYED ON THE WEBSITE WILL NOT INFRINGE UPON THE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH VIRGIN VOYAGES. THE WEBSITE INCLUDING ALL CONTENT ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION TO ACCESS AND USE THE WEBSITE IN ACCORDANCE WITH APPLICABLE LAW.

TO THE EXTENT PERMITTED BY APPLICABLE LAW VIRGIN VOYAGES PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THE WEBSITE OR THESE T&C. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE CUMULATIVE REMEDY FOR ANY CLAIMS OR DISPUTES RELATING TO THE VIRGIN VOYAGES PARTIES OR THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Virgin Voyages makes no representation that images on the Website are accurate or available; images on the Website may not reflect Virgin Voyages’ actual ships or services. In the event of a mistake, error, or other inadvertent communication or incorrect information, whether caused by you, printing, typographical or other errors or by any of the equipment or programming associated with or utilized by the Virgin Voyages Parties, we have no liability to you or responsibility to honor inaccurately disclosed or described fees, rates, or other information. 

Virgin Voyages shall not be liable for any delay or failure resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including, without limitation, Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials, and is not responsible for Website unavailability or technical failure of any kind, including but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software.

17.    Governing law and jurisdiction

IF YOU ARE AN EEA RESIDENT, PLEASE SEE PART III.

Any controversy or claim arising out of or relating to these T&C or a breach thereof, with the exception of any injunctive or equitable relief sought by us for any violation of these T&C, shall be submitted to binding arbitration in Miami, Florida in accordance with the rules and procedures of the American Arbitration Association ("AAA"), with the exception of any conflicts-of-law provisions. Any disputes or issues arising with respect to any ticket sold by us shall be handled as set forth in such ticket terms and conditions.

These T&C are made in, and shall be governed by, the laws of Florida, excluding its conflicts-of-law provisions. If, for any reason, this Arbitration provision shall be found to be invalid or unenforceable in any respect, or we initiate equitable proceedings, all actions, claims, or disputes arising under or relating to these T&C shall be brought exclusively in the federal or state courts of Miami, Florida. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Miami, Florida. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Miami, Florida and to the venue of any such suit, action, or proceeding brought in any federal or state court in Miami, Florida. You agree to waive trial by jury in any action, proceeding or counterclaim brought by against the Company on any matter whatsoever arising out of, relating to, or in any way connected with these T&C.

YOU AND VIRGIN VOYAGES UNDERSTAND AND AGREE THAT THE ARBITRATION PROVISION CONTAINED IN THIS SECTION. PROVIDES THAT WE EACH AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. YOU HEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND THAT NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE T&C SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS PROCEEDINGS SHALL BE PERMITTED. 
NOTWITHSTANDING THE FOREGOING, EITHER YOU OR WE 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 VIRGIN VOYAGES, THE VIRGIN VOYAGES PARTIES OR ANY OF THE OTHER VIRGIN GRANTEES WHICH ARISES OUT OF OR IS RELATED TO YOUR USE OF THE WEBSITE OR THESE T&C 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.

18.    Miscellaneous

You shall not resell, transfer, license, lease, 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 assigned by Virgin Voyages, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees.

Unless otherwise indicated on the Website, these T&C, Cookie Policy and Privacy Policy constitute the entire agreement between you and Virgin Voyages regarding your use of the Website, and supersede all prior agreements and arrangements between us in relation to your use of the Website. These T&C apply to the Website, separate terms and conditions shall apply to ticket promotions, cruises, excursions, and other Virgin Voyages offerings ("Supplemental Terms"). In the event of a conflict between these T&C and any Supplemental Terms, the Supplemental Terms shall control with respect to that particular offering, feature, service or promotion. 

If any provision or part of these T&C is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of all of the other provisions and parts of these T&C 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 us and you. No failure or delay by Virgin Voyages in exercising or enforcing any right, power or remedy which arises under these T&C shall operate as a waiver of that or any other right, power or remedy. 

No waiver by Virgin Voyages shall be effective unless in writing and signed by an authorized representative of Virgin Voyages. Any written notice required under these T&C may be provided by means of electronic mail to you at the last known email address or residential address you have provided us and to us at ahoy@virginvoyages.com.

Please direct any questions about the Website or these T&C to Virgin Voyages at ahoy@virginvoyages.com

Part II – Enhanced California Requirements Will Apply If You Are a Resident of California



Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:

The name and address of the provider of the Website is: Virgin Voyages Intermediate Limited, 1000 South Pine Island Road, Suite 600, Plantation, FL 33324. Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to the above address or to help@virginvoyages.com.

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 Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

Part III – Enhanced European Union Requirements Will Apply Only If You Are an EEA Resident



If you are resident in the European Economic Area the below sections apply to you instead of the respective sections in the main T&C above. 
Release and indemnification

To the extent permitted by applicable law, you hereby agree to release each of Virgin Voyages, the other Virgin Grantees, and any of their respective members, managers, directors, officers, licensors, parent companies, affiliates, subsidiaries, agents, employees, consultants, representatives, service providers, suppliers, advertising/promotion agencies, and all third parties to whom we have licensed or assigned any of the rights obtained through these T&C, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the "Virgin Voyages Parties" and each, a "Virgin Voyages Party") from any and all claims, demands, causes of actions, suits, penalties, fines, losses or damages (collectively, "claims") arising out of any and all claims which you may or can have in connection with Idea Submissions and/or Your Submissions, including, without limitation, any and all liability for any use or non-use of Idea Submissions, Your Submissions or other Content. 

Each of the Virgin Grantees has the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, or notifying you or any other obligation or liability to you whatsoever, now or in the future. You also waive all moral rights in connection with Your Submission and/or Idea Submissions and the rights granted to the Virgin Grantees under these T&C.

Disclaimers and limitation of liability

The Content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the Content on our Website is accurate, complete or up to date.

The Website including all Content are maintained on servers in the United States intended for users that are not restricted or prohibited by applicable law or regulation to access and use the Website in the United States.

Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Virgin Voyages makes no representation that images on the Website are accurate or available; images on the Website may not reflect Virgin Voyages’ actual ships or services. In the event of a mistake, error, or other inadvertent communication or incorrect information, whether caused by you, printing, typographical or other errors or by any of the equipment or programming associated with or utilized by the Virgin Voyages Parties, we have no responsibility to honor inaccurately disclosed or described fees, rates, or other information. 

Virgin Voyages shall not be liable for any delay or failure resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including, without limitation, Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials, and is not responsible for Website unavailability or technical failure of any kind, including but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any cruises or other products and services we supply to you, which will be set out in the Supplemental Terms.

Governing law and jurisdiction

These T&C, their subject matter and their formation shall be governed by the laws of, and subject to the application of any mandatory laws of Florida. This does not affect any consumer rights you may have under applicable local law in your country of residence which may still apply. You may bring a claim relating to these T&C in the courts of the country in which you are resident.