Vogue25 Terms of Service
Last Revised: 01/20/24

Welcome to Vogue25! We’re excited you’re here and appreciate you taking the time to review these Terms of Service (the “Terms”).

These Terms, along with your booking confirmation email (the “Booking Confirmation”), outline the legal terms under which our travel services (the “Travel Services”) are provided through our platform. They also govern any interactions or communications you have with us via our Service.

Your use of our Service is contingent upon your acceptance of these Terms. To book a Travel Service, you must accept these Terms. If you do not agree, please refrain from using our Service or booking any Travel Services.

We may update these Terms from time to time. Your continued use of our Service after such changes signifies your acceptance of the revised Terms. We recommend saving or printing a copy for your records.

Important Note: Section 14 includes an arbitration agreement and class action waiver applicable to all claims brought in the United States. Please review this section carefully.

Definitions:

• “we,” “us,” or “our” refers to Vogue25, headquartered at Kentucky.
• “our Partners” refers to affiliated or co-branded websites through which our Group of Companies offers content or services.
• “our Service” encompasses our websites, apps, and online tools.
• “Travel Provider” refers to the supplier offering Travel Services via our Service.
• “Travel Services” include accommodations, flights, car rentals, activities, and other travel-related services offered by Travel Providers through our Service.
• “you” refers to the traveler using our Service or making a booking.

Please read these Terms carefully.

1. Rules and Restrictions

In addition to these Terms, other terms and conditions from Travel Providers (such as airlines, hotels, or car rental companies) apply to your booking (“Rules and Restrictions”).

To make a booking, you must agree to the Rules and Restrictions of the selected Travel Provider, including payment obligations, refund policies, and service restrictions. These terms are provided before you confirm your booking and are incorporated into these Terms.

Violating a Travel Provider’s Rules and Restrictions may result in cancellation of your booking and denial of service. You may lose any money paid, and we or the Travel Provider may charge your account for any costs incurred due to the violation.

2. Using Our Service

Our Rules:
We offer our Service to help you find and book Travel Services. You agree to use our Service solely for personal, non-commercial purposes. You must be at least 18 years old and legally capable of entering into contracts.

You agree to:

• Use our Service in compliance with these Terms.
• Provide accurate and complete information.
• Protect your account information and be responsible for any use by yourself or others.
• Obtain authorization from others if booking on their behalf and ensure they understand and agree to the terms.

You agree not to:

• Make false or fraudulent bookings.
• Use automated methods to access or copy content from our Service.
• Bypass access restrictions or interfere with our Service’s functionality.
• Impose an excessive load on our infrastructure.
• Deep link, frame, or mirror any part of our Service.

Access:
We may deny access to our Service at any time for valid reasons and make changes as needed.

Account:
To create an account, you must be 18 or older and follow the instructions provided. Your account also allows access to other services within our Group of Companies (e.g., Hotels.com, vrbo) using the same credentials.

To delete your account, sign in and follow the account deletion process. For privacy rights and data access, refer to our Privacy Statement.

Search Results:
Search results are displayed by default, but you can sort and filter results according to your preferences. Paid listings from Travel Providers are marked as “Ad” or similar for clarity.

Redirection and Third-Party Services:
If redirected to a third-party booking service, any bookings made are with the third party, not us. We are not responsible for third-party bookings and their terms and conditions govern your rights and their liability.

3. Confirming a Booking

Your Booking Confirmation will detail the Travel Service(s) booked and their price. We will send your Booking Confirmation and relevant documents to the email address provided. If you do not receive it within 24 hours, please contact us.

4. Payment

Price:
The price of Travel Service(s) is as displayed on our Service, subject to correction for obvious errors. Prices are dynamic and may change, but changes do not affect bookings already accepted. We reserve the right to correct any pricing errors.

Taxes:
Prices may include taxes or tax recovery charges (e.g., VAT, sales tax). We do not collect taxes for remittance except where required. Local taxes may be charged by us or the Travel Provider.

Payment Processing:
Payment for Travel Services may be processed by multiple entities. The total amount charged will not exceed the total price of all Travel Services.

Payment Verification:
You authorize the relevant company or Travel Provider to verify and charge your payment method as needed.

Fees Charged by Banks:
International transactions or currency conversions may incur fees. For details, contact your bank or card issuer. We are not responsible for such fees.

Currency Conversion:
Currency conversion rates are provided for informational purposes and may vary. We do not guarantee accuracy.

Alternative Payment Methods:
We may offer alternative payment methods through partners. We are not responsible for any issues with alternative payment providers. Use of these methods is at your own risk and governed by the provider’s terms.

Fraud:
We may request additional information if fraud or suspicious activity is suspected. We may cancel bookings, close accounts, and pursue legal action if fraud is confirmed.

5. Cancelling or Changing a Booking

Cancellation or Change by You:
To cancel or change a booking, contact us. You do not have an automatic right to cancel or change unless permitted by the Travel Provider’s Rules and Restrictions. Cancellation or change fees may apply, and new prices may be based on current rates.

Terms and Conditions

Booking Changes and Cancellations
Before finalizing your booking, please review the Rules and Restrictions to understand applicable terms. Be aware of the following:

• Cancellation Policies: If you don’t cancel or modify your booking according to the property’s policy, you might incur cancellation or change fees.
• No Cancellation: Some properties do not allow cancellations or changes once a booking is made.
• Pay Later Bookings: If you miss your reservation or fail to cancel, a no-show or cancellation fee may apply as per the property’s policy.
• Unused Services: Refunds for unused Travel Services depend on the property’s Rules and Restrictions.
• Group Bookings: If you book more than 8 rooms at the same property, additional cancellation fees may apply, and non-refundable deposits might be forfeited.

Booking Changes
If allowed, changes or cancellations may incur an administration fee from Vogue25 in addition to any charges from the Travel Provider. We will inform you of any such fees before you confirm the change.

Payment and Refunds

• Payment: For Pay Now options, your payment is processed immediately. For Pay Later options, payment is usually collected in local currency at the time of your stay.
• Refunds: Refunds are issued to your original payment method and may be subject to the Travel Provider’s process. Vogue25 fees are non-refundable unless stated otherwise.

Specific Travel Services

• Stays: Room rates can vary based on the payment option chosen. Taxes and fees are displayed during booking and are subject to change.
• Vacation Rentals: Booking terms from Vrbo or its brands apply to Vrbo Vacation Rentals.
• Flights: Prices and availability are guaranteed only upon ticket issuance. For low-cost flights, changes or cancellations must be handled directly with the airline.
• Car Rentals: Rental payments might be processed by the Travel Provider. Deposits may be required, and additional charges could apply for extras.
• Cruises & Activities: Some services may require signing a liability waiver. Changes or refunds are typically subject to the Travel Provider’s terms.

International Travel
Check travel advisories, health requirements, and visa information before booking. Vogue25 is not liable for entry issues due to incorrect travel documents.

Liability
Vogue25 and its partners are not responsible for any issues arising from Travel Services or inaccuracies in service descriptions. Our liability is limited to the cost of the Travel Services booked.

Submissions
By submitting content (reviews, photos, etc.), you grant Vogue25 and its partners a non-exclusive, royalty-free right to use this content. Ensure your submissions comply with our guidelines and are free from harmful or proprietary content.

Intellectual Property
All content on our Service is owned by Vogue25 or our partners. Any infringement should be reported to us directly.

Map Terms

Your use of mapping features on our Service is subject to the Google Terms of Use, Google Acceptable Use Policy, Google Legal Notices, and Google Privacy Statement, as well as the Microsoft Terms of Use and Microsoft Privacy Statement. Google and Microsoft reserve the right to modify their Terms of Use and Privacy Statements at any time at their sole discretion. OpenStreetMap geo data used in our mapping is © OpenStreetMap contributors and available under the Open Database License (ODbL).

Your Privacy and Personal Information

At Vogue25, we prioritize the privacy, confidentiality, and security of your personal information. Please review our Privacy Statement, which governs your use of our Service and is incorporated by reference into these Terms, to understand our practices.

Rewards Program

We offer a complimentary loyalty program for our travelers. For details on our program and its benefits, please refer to our current terms and conditions, which are incorporated by reference into these Terms.

Disputes and Arbitration

Please read this section carefully. It outlines that any disputes must be resolved through binding arbitration or in small claims court, and prohibits class action lawsuits. Arbitration is mandatory if your country of residence enforces arbitration agreements, including the United States. If you are outside the United States but bring a claim there, arbitration will determine if this dispute resolution section applies to you, along with other preliminary issues such as residency and arbitrability. If your country of residence does not enforce arbitration agreements, the mandatory pre-arbitration dispute resolution process and prohibition on class actions will still apply as enforceable by law.

We are dedicated to traveler satisfaction and resolving disputes promptly. Our two-step dispute resolution process includes: (1) investigation and negotiation with our Traveler Support team, and if needed, (2) binding arbitration administered by the American Arbitration Association (“AAA”) or an agreed-upon arbitral tribunal for international cases. You and Vogue25 each retain the right to seek relief in small claims court as an alternative to arbitration.

Agreement to Arbitrate

You and Vogue25 agree that any disputes related to our Service, these Terms, our Privacy Statement, or any services or products provided by us, including dealings with our Traveler Support team, will be resolved through binding arbitration. This includes claims against us, our subsidiaries, Travel Providers, or companies offering products or services through us. The arbitrator will determine all arbitrability issues, including the validity and scope of the Arbitration Agreement, and any defenses to arbitration.

Small Claims Court Matters

Despite the arbitration provisions, either you or Vogue25 can bring claims in small claims court if within the court’s jurisdictional limits. Such claims cannot be pursued on a class or representative basis. If the claims in arbitration fall within the small claims court’s jurisdiction, either party may opt to have them heard in small claims court before the arbitrator is appointed, or in accordance with AAA rules.

No Class Actions or Representative Proceedings

You and Vogue25 agree that any proceedings to resolve claims will be conducted individually and not as a class, consolidated, or representative action. The arbitrator cannot consolidate claims or oversee any class or representative proceeding. Both parties acknowledge waiving the right to a jury trial.

Arbitration Rules and Governing Law

This Arbitration Agreement serves as a “written agreement to arbitrate” for a transaction in interstate commerce, governed by the Federal Arbitration Act (“FAA”). Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules or other applicable AAA rules (“AAA Rules”), as they stand at the time. The AAA Rules can be reviewed at www.adr.org. The arbitrator will apply the laws of the State of Washington, except where FAA provisions govern arbitration-related matters. Foreign laws do not apply. This Arbitration Agreement can only be amended through mutual written consent.

Mandatory Pre-Arbitration Dispute Resolution and Notification

Before initiating arbitration, you must give us the opportunity to resolve any Claims by notifying us in writing and attempting to negotiate an informal resolution. Please send a signed Notice of Dispute (“Notice”) by certified mail to: Vogue25, Legal Department/Dispute Resolution Provision, [Your Address]. The Notice must include: (1) your name, (2) your address, (3) the email address used for your reservation, (4) a brief description of your complaint, (5) the resolution you seek, and (6) your signature.

If we cannot resolve your complaint within 60 days of receiving the Notice, you may then commence arbitration. Engaging in this pre-arbitration process is a requirement before initiating arbitration. AAA will not administer or adjudicate the Claim until these requirements have been met. The statute of limitations will be paused while you engage in this dispute resolution process.

Commencing Arbitration

To start arbitration, file the Demand with the AAA as specified in the AAA Rules. The AAA provides a Demand for Arbitration – Consumer Arbitration Rules form at www.adr.org or by calling 1-800-778-7879. You must also send the written Demand for Arbitration to Vogue25, Legal Department/Dispute Resolution Provision, concurrently with filing with AAA.

Arbitration will be conducted by a single arbitrator chosen in accordance with the AAA Rules or by mutual agreement between you and us. The arbitration may be held: (i) at a location chosen by AAA that is reasonably convenient for you (within 100 miles from your home or place of business); (ii) at another mutually agreed location; (iii) via videoconference; or (iv) if the only claims are by you and under $40,000, by telephone or written submission.

Attorneys’ Fees and Costs

Arbitration fees and arbitrator compensation will be governed by the AAA Rules, with limitations as specified in the AAA Consumer Rules. Each party will pay their own filing fees required by AAA, similar to court filing fees. If you can demonstrate that arbitration costs would be prohibitive compared to litigation or are eligible for a court fee waiver, Vogue25 will cover necessary filing and hearing fees to prevent the arbitration from being excessively costly, unless the arbitrator finds your claim frivolous or in bad faith. Requests for attorneys’ fees and costs can be made if it is proven that the other party’s claim or defense was groundless, brought in bad faith, or for harassment, as allowed by law and AAA Rules.

Arbitrator’s Decision

There is no judge or jury in arbitration, and court review of an arbitration award is limited under the FAA. The arbitrator’s decision will include essential findings and conclusions. Judgment on the arbitration award can be entered in any court with appropriate jurisdiction. The arbitrator may award any relief permitted by law or AAA Rules, but declaratory or injunctive relief is limited to individual claims and necessary to address the claimant’s issues.

Severability and Survival

If any part of this Arbitration Provision is found to be unenforceable or unlawful, (1) that portion will be severed, and the rest of the Provision will remain in effect; and (2) if Claims must proceed on a class, collective, consolidated, or representative basis, they will be litigated in a civil court, with litigation stayed pending individual arbitration outcomes.

Traveler Support and Handling Complaints

For support or to contact us page.

General

Governing Law and Jurisdiction

These Terms are governed by the FAA and the laws of the State of Washington, excluding conflict of laws principles.

Insurance

Prices displayed do not include travel insurance unless otherwise stated. We advise obtaining insurance to cover cancellation and other risks. You are responsible for ensuring any insurance policy meets your needs. Insurance details, including provider information and terms, may be shown on our Service.

Failure to Enforce

Our failure or delay in enforcing any provision of these Terms does not waive our right to enforce the same or other provisions in the future.

Unenforceable Provisions

If any provision (or part) of these Terms is deemed invalid or unenforceable, it will be severed, and the remaining provisions will continue in full force. Claims requiring class or representative basis litigation will be stayed pending individual arbitration results.

Entire Agreement

These Terms constitute the entire agreement between you and us regarding our Service, superseding all prior communications about the Service.

Assignment

We may assign, subcontract, or delegate rights, duties, or obligations under these Terms. You may not.

Third-Party Rights

Except as expressly stated, no part of these Terms is intended to be enforceable by any third party. Third-party consent is not required for waivers, variations, or terminations of Terms. These Terms do not grant any rights under applicable laws or regulations to third parties.

Survival of Obligations

Any provision that imposes obligations beyond the expiration or termination of these Terms will survive such expiration or termination.