Privacy Policy

LAST REVISED: May 26, 2017

 

INTRODUCTION

Vir.al is a product and service of TripCraft LLC and we may refer to ourselves collectively as “the Company”, “We”, or “Us” throughout this policy.  We respect your privacy and are committed to protecting it with this policy.

 

This “Policy” describes how the Company processes personal information and data.  The Policy applies to the Company mobile applications, websites, emails, text messages, and social media accounts, along with booking and other features we provide.   Collectively these are called “the Services”, and when you use these Services, you agree to the terms of this Policy.

 

This policy describes:

     The types of information we may collect or that you may provide

     Our practices for collecting, using, maintaining, protecting and disclosing that information

 

This policy DOES NOT apply to information that:

     Is collected offline or through any other app or website you may access through the Services

     You provide to, or any third party collects

     You provide to the hotel you are staying at

 

Please read the Policy carefully to understand our practices on how we treat personal information.  If you do not agree with the Policy or our practices, do not download, register with, or use the Services.  By downloading, registering with or using the Services, you agree to this privacy policy.

 

This Policy may change from time to time, and your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

If we make material changes to how we treat our users’ personal information, we will post the new privacy policy and send a notice that the Policy has been updated after we make the change.  You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you and for periodically visiting this privacy policy to check for any changes

 

AGE RESTRICTIONS

The Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13.  If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.  If you believe we might have any information from or about a child under 13, please contact us at help@Vir.al.

 

PERSONAL INFORMATION

As used in this Policy, the term “personal information” means information that specifically identifies an individual (such as a name, user name or e-mail address), or information about that individual that is directly linked to information that specifically identifies an individual.  Personal information does not include “aggregate” information, which is data we collect about the use of the Services or about a group or category of users, from which individual identities or other personal information has been removed.  This Policy in no way restricts or limits our collection and use of aggregate information.

 

DATA COLLECTION

We collect information from you in various ways when you use the Services.  For example, we collect information:

 

     That you provide to us such as your name, email address, telephone number, postal address, date of birth, credit card number, expiration date, authentication code, or similar information

     To which you provide us access

     About you that is publicly available

     Received by us about you from third-party sources (such as credit agencies)

     That is about you but individually does not identify you, such as your location and hotel reservation history

 

We collect Information that you provide by filling in forms using the Services, which includes information provided at the time of registering and/or requesting features of the Services.

 

We keep records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us, and details of transactions you carry out through the Services and of the fulfillment of your orders.  You may be required to provide financial information before placing an order through the Services.

 

You may also provide information to be published or displayed (“Posted”) on public areas of the Services (collectively called “User Contributions”).  Your User Contributions are Posted and transmitted to others at your own risk.  Please be aware that no security measures are perfect or impenetrable.  Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions.  Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

Personally identifiable information will be stored on secured servers, and we may store and process personally identifiable information in the United States and other countries.

 

AUTOMATIC INFORMATION COLLECTION & TRACKING

When you use the Services, some information is automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring website, and your activity on the Services. We may also automatically collect certain logistical information in server logs, including information about how you use various features of the Services and information about the number, frequency and length of each session.

 

We may also automatically collect certain information through the use of “cookies.” Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us to improve the Services and your experience. If we link cookies to any personally identifiable information, we will treat this information as personally identifiable information. If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if you choose to remove or reject cookies, this could affect certain features made available via the Services.

 

We may also employ the use of anonymous identifiers, which are random strings of characters that are used for the same purposes as cookies on platforms, including certain mobile devices, where cookie technology is not available.

 

We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). We may associate your device identifiers or phone number with your account for the Services.

 

The Services may also access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.

 

The Services also collect real-time information about your location for purposes of providing features to you through the Services.

 

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information, to:

 

     Process and complete any transactions in connection the Services (e.g., to sell you a hotel room)

     Request feedback and to otherwise contact you about your use of the Services

     Respond to your emails, questions, comments, requests and complaints, and to provide customer service

     Monitor and analyze the Services usage and trends

     To personalize and improve the Services, and our users’ experiences with the Services (such as providing content or features that match interests), and to increase the Service’s functionality and user friendliness

     Provide you with news and information about our or third-party events, offers, promotions and resources we think will be of interest to you (you can unsubscribe from promotional content via email communications)

     Send you confirmations, updates, security alerts and support and administrative messages, and otherwise facilitate your use of, and our administration and operation of, the Services

     Notify you about important changes to the Services

     Use for any other purpose for which the information was collected

 

The usage information we collect helps us to improve the Services and to deliver a better and more personalized experience by enabling us to:

 

     Estimate our audience size and usage patterns

     Store information about your preferences, allowing us to customize the Services according to your individual interests

     Speed up your searches

     Recognize you when you use the Services.

 

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you.

 

DISCLOSURE OF INFORMATION TO THIRD PARTIES

We will not knowingly share the personal information we collect from you through the Services with third parties, except as described in this Policy or in the Services.  For example, we may share personal information as follows:

 

       With subsidiaries, affiliates, vendors, consultants, and other providers who are engaged by or working with us in connection with the operation of the Services and who need access to such information to carry out their work for us

       To fulfill the purpose for which you provide it.  For example, if you give us an e-mail address to use for hotel or restaurant reservations, we will transmit the contents of that e-mail and your e-mail address to the recipients

       For any other purpose disclosed by us when you provide the information

       In an aggregated or anonymous form that does not directly identify you

       When we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or to respond to lawful requests or legal authorities including, but not limited to, responding to lawful subpoenas, warrants, or court orders

       When we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to protect the rights, property, or safety of the Services, our users, our employees, copyright owners, third-parties or the public including, but not limited to, protecting the Services or our users from fraudulent, abusive, inappropriate, or unlawful use of the Services

       To enforce or apply this Policy, the Terms, or our other policies or agreements

       In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of the business assets of the Company

 

ACCESSING & CORRECTING PERSONAL INFORMATION

You can review and change your personal information by logging into the Services and visiting the account feature.

 

If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Services users. Proper access and use of information provided in the Services, including User Contributions, is governed by our Terms of Use.

 

DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.

 

The safety and security of your information also depends on you.  Where we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.  Please advise us immediately if you believe your password has been misused.

 

Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure.  Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Services.  Any transmission of personal information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures we provide.

 

CONTACT INFORMATION

To ask questions or comment about this privacy policy or our privacy practices, contact us at help@Vir.al.

 

 

 

Terms of Use

LAST REVISED: May 26, 2017

 

INTRODUCTION

Vir.al is a product and service of TripCraft LLC and we may refer to ourselves collectively as “the Company”, “We”, or “Us” throughout this document.  

 

The terms and conditions presented here, along with any documents they expressly incorporate by reference are deemed “Terms of Use”.

 

The Terms of Use apply to the Company mobile applications, websites, emails, text messages, and social media accounts, along with booking and other features we provide.   Collectively these are call “the Services”, and when you use the Services as a guest or a registered user, you agree to the Terms of Use.

 

The Terms of Use include an agreement to mandatory arbitration, which means you agree to submit any dispute related to your use of the Services to binding arbitration rather than a court.  The binding arbitration provision also includes a class action waiver, which means you agree to proceed with any arbitration as an individual and not part of a class.

 

Please read the Terms of Use carefully before you start to use the Services.  By using the Services or by clicking to accept or agree to the Terms of Use (when this option is made available to you), you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

 

The Services offered and available are for users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Services and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

 

If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms of Use on the entity’s behalf, and that the entity agrees to be responsible if you violate the Terms of Use.

 

 

PRIVACY POLICY

Please refer to our Privacy Policy above, which also governs your use of the Services, to understand our practices on how we collect, use, and disclose personal information from our users.

 

CHANGES TO TERMS OF USE

Your use of the Services is conditioned upon the version of the Terms of Use in force at the time of your use. The Company reserves the right to change these Terms of Use at any time and you waive any right you may have to receive specific notice of such changes or modifications.  All changes to the Terms of Use are effective immediately when we post them and apply to use of the Services thereafter.

 

If you continue to access or use the Services following our posting of any changes to the Terms of Use, the Company will consider that you have accepted the changes.  Therefore, you must regularly review the Terms of Use to ensure you understand the terms and conditions that apply to your access and use of the Services.  If you do not agree to the changed Terms of Use, you must stop accessing or using the Services.

 

The Company also recommends you regularly update to the most recent version of the Services (where applicable) to allow you to take advantage of new functionality and to ensure you have access to the most recent Terms of Use and promotional offers.  You recognize that changes to the terms and/or promotional offers may occur and that you will be bound to these changes, notwithstanding the fact that you were not aware of them due to your failure to update the Services.  Your use of the Services and failure to update to the most recent version, constitutes your agreement that we shall have no liability to you, and you release the Company, and its parent, officers, directors employees and agents, from and against any liability, for any changes to Terms of Use or promotional offers which were available but that which you were not aware of due to your failure to update the Services.

 

ACCESSING THE SERVICES

The Company reserves the right to withdraw or amend the Services or material we provide through the Services, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.  From time to time, we may restrict access to some parts, or all of the Services, to users, including registered users.

 

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Services that all the information you provide to the Services is correct, current and complete. You must maintain and update all information you provide to us in order to keep it accurate, current and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

You are responsible for ensuring that all persons who access the Services through your device are aware of these Terms of Use and comply with them.

 

ACCOUNT SECURITY

The Company is under no obligation to retain a record of your account or any data or information that you may have stored by means of your account or your use of the Services.

 

You are only authorized to create and use one account for the Services and are prohibited from using alter egos or other disguised identities when using the Services. You are under no obligation to use or continue to use the Services and may stop using the Service without notice to us.

 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, 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 Services 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 user name or password or any other breach of security. You also agree to 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 or mobile device so that others are not able to view or record your password or other personal information.

 

The Company has 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 any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

GRANT AND RESTRICTIONS

Subject to the terms, conditions and limitations set forth in these Terms of Use, the Company grants you a non-exclusive, non-transferable and revocable license to use the Services on any device that you own or control.  The terms of the license will also govern any upgrades provided that replace and/or supplement the (original) Services, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.

 

You will not do, and will not authorize or permit any third party to do, any of the following:

 

       Distribute or make the Services available over a network where it could be used by multiple devices at the same time

       Rent, lease, lend, sell, redistribute or sublicense the Services

       Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Services, any updates or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law)

       Remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Services. If you violate any of the foregoing restrictions, your right to use of the Services will immediately cease, and you will have infringed the copyright and other rights of the Company, which may subject you to prosecution and damages. The Company reserves all rights not expressly granted to you in these Terms.

 

CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS

In exchange for providing you with access to the Services, you consent to the Company collecting and using technical data, personal information and related information in connection with your use of the Services, including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Services and of software updates, product support and other services. You also consent to the Company communicating with you about the Services.

 

COMPATIBILITY WITH MOBILE DEVICES

The Company does not warrant that the Services will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.

 

HOTELS AND RESERVATIONS

 

Product Descriptions.  

The company attempts to be as accurate as possible, but if you have reason to believe that a hotel room you booked through the Services is significantly different than the claims advertised within the Services, you must contact the Company immediately (and in any case no later than three business days following the check-in date or feature request date).  Your failure to contact us within this period may affect our ability to investigate and resolve your claim. Hotel content, including images are often provided by the hotels and their suppliers. The Company is not responsible for the accuracy of images or hotel content.

 

Advertised Prices.

 The Company makes no guarantee that the prices advertised through the Services represent the lowest price for a hotel room in an area on any particular day.

 

Booking Rooms.

 When you book a room using the Services, you are representing the following:

 

       Any credit information you supply is true and complete

       Charges incurred by you will be honored by your credit card company

       You will pay the posted price for the hotel room, even in cases where you are unable to consume your stay in that hotel room.

 

Posted room rates include applicable taxes.  We will not issue Value Added Taxes (VAT) invoices for any purchases made through the Services.  We are not a co-vendor with the hotel. Tax rates and the type of taxes vary greatly by location.

 

You are responsible for paying the hotel directly for any room upgrades or other incidental charges you make once you are at the hotel.

 

Overbooking and Cancellations.

 If a hotel is unable to honor your reservation, you can contact us immediately and we will work with you and the hotel to find you alternative accommodations.

 

Any booking of a hotel’s room through the Services is definitive and may not be refunded.  Some hotel bookings can be cancelled but may incur a cancellation fee.

 

If applicable, the Services will identify which room options are refundable, non-refundable, or have a cancelation policy, but it is your responsibility to ensure you understand this BEFORE you complete the booking.

 

We may, in our sole discretion, provide credits or a refund for a cancelled booking.

 

ELECTRONIC COMMUNICATIONS

When you use the Services or send eMails to us, you are communicating with us electronically, and you consent to receive communications from us electronically.  We will communicate with you by eMail or providing notices via the Services.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing.  Electronic communications from us, including eMails, may include marketing and promotional content.

 

THIRD-PARTY INTERACTIONS

Your use of the Services and your contact, interaction or dealings with any third parties arising out of your use of the Services is solely at your own risk.  Hotels and other suppliers of are independent contractors and not agents or employees of the Company. The Company is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of these hotels or suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.

 

INTELLECTUAL PROPERTY RIGHTS

The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

 

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services, except as follows:

 

       Your computer may temporarily store copies of such materials in memory (RAM) incidental to your accessing and viewing those materials

       You may store files that are automatically cached by your Web browser for display enhancement purposes

       You may download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution

       If we provide desktop, mobile or other Apps for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such Services

       If we provide social media features with certain content, you make take such actions as are enabled by such features

 

You must not:

       Modify copies of any materials from this Services

       Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text

       Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services

       Access or use for any commercial purposes any part of the Services or any materials made available through the Services

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted, are reserved by the Company.  Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

TRADEMARKS

The Company name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs and slogans made available through the Services are the trademarks of their respective owners.

 

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

 

       In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)

       For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise

       To send, knowingly receive, upload, download, use or reuse any material, which does not comply with the Terms of Use

       To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing)

       To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability

       In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services

       Via a robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services

       Via any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent

       Via any device, software or routine that interferes with the proper working of the Services

       And introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful

       In an attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services

       Or attack the Services via a denial-of-service attack or a distributed denial-of-service attack

       In an attempt to interfere with the proper working of the Services

 

 

USER CONTRIBUTIONS

The Services includes forums and other interactive areas (“Interactive Services”) where you or other users can create, post or share content, materials, data, information, text, photos and/or other materials (“User Contributions”).  You are solely responsible for your use of such Interactive Services and the User Contributions you share.  

 

Any User Contribution you post to the Services will be considered non-confidential and non-proprietary, and by providing any User Contribution on the Services, you grant the Company a perpetual, irrevocable license to use and display any User Contributions you post, upload or otherwise provide, including any photos you might provide.

 

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

 

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

 

       User Contributions that are libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable

       User Contributions that are illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or that would otherwise create liability or violate any local, state, provincial, national or international law

       User Contributions that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right, or any other right, of any party

       Unsolicited promotions, political campaigning or commercial messages (SPAM), or any chain messages or User Contributions designed to deceive or trick a user of the Services

       User Contributions that give the impression that they emanate from or are endorsed by us or any other person or entity

       Private information of any third party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and

       Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Services without the Company’s express written consent

 

USER CONDUCT

You agree that you are solely responsible for your conduct while using the Services and that you will not do any of the following in connection with the Services or its users:

 

       Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner

       Harass, threaten, or intimidate Company employees with inappropriate language or behavior

       Collect any personal information about other users or intimidate, threaten, stalk or otherwise harass or cause discomfort to other users of the Services

       Use the Services for any commercial purpose

       Use the Services for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms or any other rules or policies established from time-to-time by the Company

       Create an account, post any content, or otherwise use the Services if you are not at least 18 years of age

       Modify, adapt, hack or emulate the Services

       Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services or users of the Services or third- parties

       Infringe upon or violate the rights of the company, our users or any third party

 

USER MONITORING, ENFORCEMENT & TERMINATION

The Company has the right to:

 

       Remove or refuse to post any User Contributions for any or no reason in our sole discretion

       Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public or could create liability for the Company

       Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy

       Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services

       Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use

 

Enforcement of the user contribution and conduct rules set forth in these Terms is solely at the Company’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances.  In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these rules.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

 

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

The Company takes no responsibility and assumes no liability for any User Conduct or for any User Contributions posted, stored or made available via the Services.  The Company will not be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter through the Services.  Your use of the Services, including any Interactive Services, is at your own risk.  

 

THIRD-PARTY CONTENT

The Company may provide third-party content via the Services and may provide links to webpages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information.  The Company does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding Third-Party Content including, but not limited to, its accuracy or completeness.  The Company is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content.  Users use Third-Party Content at their own risk.

 

The Company may run advertisements and promotions from third parties via the Services or may otherwise provide information about or links to third-party products or services via the Services.  Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties.  The Company is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of Third-Party Content advertisers or information accessible via the Services.

 

COPYRIGHT INFRINGEMENT

We respect the intellectual property (IP) rights of others, and we expect users of the Services to do the same.  We will respond to notices of alleged IP infringement that comply with applicable law.  

 

If you believe that your content has been copied in a way that constitutes copyright, trademark, and/or patent infringement, please provide us with the following information:

 

       A physical or electronic signature of the IP owner or a person authorized to act on their behalf

       Identification of the protected work claimed to have been infringed

       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as the username)

       Your contact information, including your address, telephone number, and an email address

       A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the IP’s owner, its agent, or the law

       A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the IP owner

 

The Company does not always review material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

To notify us of alleged IP infringement or questionable content appearing on the Services, please contact help@Vir.al.

 

LINKS TO / FROM THE SERVICES

You may link to our Services, 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 without our express written consent.

 

The Services may provide certain social media features that enable you to:

 

       Link from your own or certain third-party Apps to certain content on our Services

       Send eMails or other communications with certain content, or links to certain content from our Services

       Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party Apps

       You may use these features solely as we provide them, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

 

Subject to the foregoing, you must not:

 

       Establish a link from any resource that is not owned by you

       Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site

       Link to any part of the Services other than a home page or view

       Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use

 

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Apps linked to or from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such sites or resources.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice in our discretion.

 

UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.

 

INFORMATION AND PRESS RELEASES

The Services may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.

 

DISCLAIMERS

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY RESOURCES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP LINKED TO IT.

 

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY RESOURCES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY RESOURCES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY RESOURCES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY RESOURCES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, THE SERVICES), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY ((CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY)) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.  

 

IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO THE SERVICES) EXCEED $100.00 UNITED STATES DOLLARS.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Service’s content, features and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

 

BINDING ARBITRATION

You agree that any controversy or claim arising out of or relating to the Services, and/or these Terms of Use shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures.  Alternatively, you may assert your claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.  The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.

 

If you initiate arbitration against the Company, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. In the event that the claimant is able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, the Company will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation.  If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor the Company shall be entitled to arbitrate their dispute.

 

THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

 

GOVERNING LAW

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction).

 

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

 

QUESTIONS & COMMENTS

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to help@Vir.al

 

 

 

 

FAQ

HOTEL STUFF

Why do you display a limited number of hotels?

We only present Hotels we feel represent the culture of our customers and/or have a strong connection to the articles and events we publish.

 

How do you deal with negative feedback about a hotel?

When presenting a hotel in our Services, we try and make it useful with practical information a user should know when selecting a hotel.  We closely monitor guest feedback and investigate any negative reports, and adjust and update hotel info when needed. If we receive multiple, valid complaints about a hotel, we remove it from the Services.

 

I already gave you my credit card, why is it required at check-in?

The hotel needs a credit card on file for incidentals, like minibars and room service.  The amount of the temporary hold placed by the hotel on your credit card varies and typically is removed within several business days.  It is normally listed as “pending” in your card’s transactions.  Please note that guests who provide a debit card at check-in may find a temporary charge on their account rather than a hold because it is a debit card.  Again, the hotel usually refunds this within several business days, assuming there are no legitimate incidental fees.  Also note that some hotels do not accept debit cards.

 

Can I choose the room type?

In order to bring you the best deals, some hotels reserve the right to assign your room at check in.  In these cases, we can only tell you the class of room (single, double, suite, etc.) you are booking, but not the actual Room name.  

 

But where possible, we’ve added the option for you to choose your room type in advance.  Just select the Room name before booking to make your choice.

 

Can I book multiple rooms at a time?

Not in one attempt, but you can make several separate bookings for a night as long as the hotel has inventory available.

 

Can I cancel or get a refund?

It depends on the type of booking.

 

For Vir.al Deal rates, we clearly state that all bookings are non-refundable and warn customers about this before the purchase is confirmed and your credit card is charged (immediately).  Sorry to be jerks, but the only way we can keep great deals coming is to guarantee the hotels get paid as soon a booking is made.

 

If the booking is for a normal rate, you may be able to cancel the reservation through the Service at least 24 hours before arrival.  With normal rates, your credit card is not fully charged until you show up at the hotel, but a small deposit may be taken to hold the reservation.  If you do not cancel at least 24 hours before arrival, the hotel may keep your deposit, since they may have lost an opportunity to sell the room.

 

Regardless, the Services will identify the type of rate but its up to you to make sure you understand if the rate is non-refundable or has a cancellation policy.

 

If you have a real hardship and need your money back, feel free to eMail us (help@Vir.al) with your story and throw yourself at our mercy.  We’re quite compassionate and will always try to help out a good doobie!

 

ACCOUNT STUFF

How do I edit my account info?

On your device go to Account and then edit what is needed.  Make sure to enter a valid email address to get your booking receipts.  

 

How can I get a copy of my receipt?

Go to My Trips and select your booking and you will se the details of your booking.   

 

Is my credit card information secure?

Yes.  We’re PCI compliant and that means we’re certified for maintaining a secure environment.  Every credit card payment we process goes through a 3rd party, fully encrypted server.

 

How do I unsubscribe from your emails?

Why would you ever want to do that?  

If you don’t want to receive our digital love notes filled with great hotels and deals that could save you a gazillion dollars in the coolest cities in the world, just follow the link at the bottom of the eMail that says “Manage my subscription” and go ahead and hurt our feelings.

 

How do I “favorite” a hotel or article?

To favorite one of our cool hotels or articles, simply tap the heart on the detail view of the hotel or article.  This will add it to your Favorites list, which you can find by going to My Stuff > Favorites.

 

GENERAL STUFF

 

Are you going to add more cities?

Absolutely.  We’re always working to add new cities to our Services.  In addition to New York, Boston, Miami and San Francisco, we plan on adding Los Angeles, Chicago, New Orleans, Seattle, Portland, and a host of others n the next few months.  If you have a favorite city or hotel you’d like to see on Vir.al, send us an eMail and let us know.

 

Will you be available on other devices besides iOS?

We started with Apple iOS and will add Android in the next few months.  We will also be launching desktop and mobile websites in the near future.

 

 

Can I email you with a question or comment?

We’d love that.  Send it to us at: help@vir.al

 We read everything, and will get back to you ASAP.

 

by viral