Nesphere

Terms & Conditions

These Terms & Conditions (“Terms”) govern your use of the Nesphere website and, where applicable, your booking or use of accommodation and related services provided by Nesphere Management Company Limited (“Nesphere”, “we”, “us” or “our”).

By using our website, making an enquiry, submitting a booking request, confirming a reservation, making payment, or staying at accommodation operated or managed by Nesphere, you agree to the Terms that apply to the relevant service.

Please read these Terms together with your booking confirmation, applicable rate conditions, house rules, Privacy Policy and, where applicable, any separate Long Stay or accommodation agreement.

01

About These Terms

These Terms apply to:

  • use of the Nesphere website;
  • direct accommodation bookings made with Nesphere;
  • hotel and short-stay accommodation;
  • serviced apartment and Long Stay accommodation, where applicable;
  • accommodation enquiries and viewing requests;
  • promotional offers and discount codes;
  • use of guest facilities and services; and
  • other accommodation-related services provided by Nesphere.

Bookings made through third-party booking platforms may also be subject to the terms and conditions of those platforms.

Where specific booking conditions, rate rules or a separate written accommodation agreement apply, those more specific terms apply in addition to these Terms.

If there is any inconsistency, the following order of priority will generally apply:

  1. any signed Long Stay or accommodation agreement;
  2. the specific booking confirmation and rate conditions;
  3. any specific promotion terms;
  4. applicable property or house rules; and
  5. these Terms.

02

Bookings and Confirmation

The person making a booking must be legally capable of entering into the booking arrangement.

Unless otherwise stated for a particular property or booking, the primary guest must be at least 18 years of age.

When making a booking on behalf of another person or group, you confirm that you are authorised to do so and are responsible for ensuring that the applicable booking conditions are made available to the occupants.

Information supplied to Nesphere must be accurate, current and complete.

A booking must not be made using false or misleading information, for fraudulent or unlawful purposes, or for unauthorised resale.

Submitting an enquiry, booking request or payment information does not by itself guarantee accommodation.

A booking becomes confirmed when Nesphere issues a booking confirmation or otherwise expressly confirms acceptance of the reservation.

Availability may change while a booking is being completed.

Guests should review their booking confirmation and notify Nesphere promptly if any information appears incorrect.

03

Rates and Payment

Unless otherwise stated, rates displayed by Nesphere are quoted in Hong Kong dollars (HKD).

The inclusions applicable to a booking will be shown in the relevant rate plan, booking engine, offer or booking confirmation.

Depending on the accommodation and rate selected, charges may include or exclude items such as:

  • utilities;
  • housekeeping;
  • additional bedding;
  • additional occupants;
  • late check-out;
  • additional cleaning; or
  • optional services.

Any mandatory charge will be disclosed where required.

Payment requirements depend on the accommodation type and rate selected.

A booking may require:

  • full payment at booking;
  • partial advance payment;
  • payment before arrival;
  • payment at check-in;
  • recurring Long Stay payments;
  • a security deposit; or
  • a valid payment card to guarantee the booking.

The applicable payment requirements will be displayed during the booking process or stated in the booking confirmation.

Charges imposed separately by a bank, card issuer or payment provider, including foreign-exchange or international transaction fees, are outside Nesphere’s control.

04

Deposits and Pre-authorisation

Nesphere may request a valid payment card and may place a pre-authorisation before or during a stay.

A pre-authorisation is generally a temporary hold rather than a completed payment.

It may be used to verify a payment method or provide reasonable security for amounts properly due under the booking.

The time required for a released pre-authorisation to become available again is determined by the guest’s bank or card issuer.

Certain bookings may also require a security deposit.

Subject to applicable law and the relevant booking conditions, a security deposit or authorised payment method may be used for reasonable costs arising from matters including:

  • damage beyond fair wear and tear;
  • missing property;
  • lost or damaged keys or access cards;
  • excessive cleaning;
  • smoking or vaping remediation;
  • unauthorised occupants;
  • unpaid accommodation charges;
  • damage caused by a guest or their visitor; or
  • other charges clearly disclosed as part of the booking or stay.

Except for the accommodation-specific smoking or vaping charges expressly set out in Section 13, charges under this Section should reflect reasonable cleaning, treatment, repair, replacement or other costs incurred. All charges remain subject to applicable law.

05

Cancellation and Booking Changes

There is no single cancellation policy that applies to every booking.

For direct bookings, the cancellation conditions applicable to the selected rate are displayed in the Nesphere booking engine before the guest completes payment or confirms the booking.

The guest should review the applicable cancellation policy before completing the reservation.

The cancellation policy applicable to the selected rate, together with the booking confirmation, forms part of the booking agreement.

Some rates may permit cancellation before a stated deadline, while other rates, including certain promotional or non-refundable rates, may be partly or fully non-refundable.

For bookings made through a third-party booking platform, the applicable cancellation process and conditions may also be governed by that platform.

Requests to change stay dates, accommodation type, length of stay, number of guests or other booking details are subject to availability and approval.

A change may result in a different rate or different cancellation conditions.

06

No-shows and Early Departure

If a guest does not arrive on the scheduled arrival date and does not notify Nesphere within the applicable arrival period, the booking may be treated as a no-show.

Accommodation charges may remain payable in accordance with the applicable rate conditions.

Nesphere may release the accommodation following a no-show where permitted under the applicable booking conditions.

A guest who chooses to leave before the confirmed departure date may remain responsible for some or all unused accommodation charges depending on the applicable rate conditions.

Long Stay cancellation, notice periods, early termination and related charges are governed by the applicable separate Long Stay or accommodation agreement.

07

Check-in and Check-out

Applicable check-in and check-out times will be communicated in the property information or booking confirmation.

Early check-in and late check-out are subject to availability and are not guaranteed unless expressly confirmed.

An additional charge may apply where late check-out has been approved.

Guests must vacate the accommodation and return required keys, access cards or other property by the applicable departure time.

08

Identification and Guest Registration

Nesphere may require valid identification before or at check-in.

This may include:

  • passport;
  • Hong Kong Identity Card;
  • other government-issued identification; or
  • appropriate travel documentation.

Information may also be requested where reasonably required for:

  • guest registration;
  • legal or regulatory compliance;
  • security;
  • payment verification;
  • emergency response; or
  • building access.

Nesphere may refuse or delay check-in where legally required identification or mandatory registration information cannot be provided.

Personal information collected for these purposes is handled in accordance with the Privacy Policy.

09

Occupancy, Visitors and Minors

Accommodation may only be occupied by the number of guests permitted for the relevant accommodation type and confirmed booking.

Guests must not exceed stated occupancy or applicable building and safety limits.

Guests must not:

  • secretly accommodate additional overnight occupants;
  • sublet the accommodation;
  • transfer or resell accommodation for commercial gain; or
  • use the accommodation as unauthorised commercial accommodation.

Visitors may be permitted subject to applicable property rules, building security requirements, reasonable visiting arrangements and occupancy restrictions.

The registered guest remains responsible for the conduct of visitors they invite onto the property.

Children and minors must be appropriately supervised by a responsible adult.

10

Room Allocation and Special Requests

Photographs, floor plans and descriptions are intended to provide a reasonable representation of the relevant accommodation category.

Individual rooms or apartments within the same category may vary slightly in layout, furniture positioning, decorative details, outlook, floor level or minor fixtures and finishes.

Nesphere will take reasonable steps to ensure that published descriptions accurately represent the material features of the accommodation.

Special requests, including requests relating to room location, bedding, accessibility, early arrival or late departure, are subject to availability unless expressly confirmed.

If booked accommodation becomes unavailable because of urgent maintenance, safety issues, damage, inventory error or another genuine operational issue, Nesphere will take reasonable steps where practicable to offer suitable alternative accommodation or another appropriate remedy.

11

Long Stay Accommodation

Long Stay and serviced apartment arrangements may be subject to a separate written Long Stay or accommodation agreement.

That agreement may contain additional terms relating to matters including:

  • minimum stay;
  • deposits;
  • recurring payments;
  • utilities;
  • housekeeping;
  • access;
  • notice periods;
  • extension or renewal;
  • inventory;
  • inspections;
  • damage;
  • early termination;
  • move-out procedures; and
  • other conditions specific to longer-term occupation.

Where a separate written agreement applies, that agreement prevails over these Terms in relation to matters specifically covered by that agreement.

Cancellation, notice periods and early termination for Long Stay accommodation are governed by the applicable agreement rather than a general website cancellation rule.

The legal nature of a particular arrangement depends on the applicable agreement, the actual circumstances and applicable Hong Kong law.

12

Guest Conduct and House Rules

Guests must behave responsibly and respect other guests, residents, staff, neighbours and the property.

Guests must comply with reasonable property, safety, security and building rules.

The following are prohibited unless expressly authorised:

  • illegal activity;
  • threatening, abusive or violent behaviour;
  • unreasonable noise or disturbance;
  • unauthorised parties or events;
  • intentional or reckless damage;
  • smoking or vaping in prohibited areas;
  • interference with smoke detectors, alarms or fire-safety equipment;
  • possession or use of unlawful or dangerous substances;
  • unauthorised commercial activity;
  • unauthorised subletting or resale;
  • deliberate interference with building access or security systems; and
  • conduct creating an unreasonable risk to people or property.

Serious or repeated breaches may result in appropriate action, including termination of the stay where lawful.

13

Damage, Cleaning, Smoking and Access Devices

Guests must take reasonable care of the accommodation, furniture, fixtures, equipment and common areas.

Guests are not responsible for ordinary fair wear and tear.

The booking guest may be responsible for damage caused by the booking guest, other registered occupants or visitors invited onto the property.

Nesphere may recover reasonable costs for:

  • repair;
  • replacement;
  • specialist cleaning;
  • excessive rubbish removal;
  • stain or odour remediation;
  • missing property; or
  • other restoration work reasonably required because of guest conduct.

Smoking

Smoking or vaping of any substance is strictly prohibited throughout the Property, including all guest rooms, serviced apartments, balconies (if any), and public or common areas.

For Hotel rooms, any violation will incur a minimum HK$1,500 cleaning and restoration charge.

For Serviced Apartments, any violation will incur a fixed HK$5,000 deep-cleaning charge. Guests may also be responsible for reasonably evidenced loss of accommodation revenue directly resulting from the affected apartment being unavailable for re-letting, to the extent permitted by applicable law.

For Long Stay accommodation, additional obligations may also be contained in the applicable accommodation agreement.

Keys, access cards, fobs and other access devices must be kept secure and returned where required.

Reasonable replacement, locksmith, reprogramming or emergency access costs may be charged where loss or misuse occurs.

14

Personal Belongings and Lost Property

Guests are responsible for taking reasonable care of their personal belongings.

Nothing in these Terms excludes or restricts liability where doing so would be prohibited by applicable law.

Where lost property is found, Nesphere may arrange collection or return by courier or post at the guest’s expense.

Perishable, hazardous, unlawful or unsuitable items may be disposed of earlier where reasonably necessary.

Other lost property will normally be retained for up to 30 days from the date it is found.

After that period, unclaimed property may be disposed of, donated or otherwise handled in accordance with applicable law and Nesphere’s operating procedures.

Where a separate written Long Stay or accommodation agreement contains a specific lost-property provision, that provision will apply to the extent that it differs from these general Terms.

15

Facilities and Services

Depending on the property and accommodation type, facilities and services may include:

  • gym;
  • rooftop or common areas;
  • laundry facilities;
  • housekeeping;
  • Wi-Fi; and
  • other amenities specifically described for the relevant accommodation.

Use of facilities may be subject to:

  • opening hours;
  • safety requirements;
  • capacity;
  • maintenance;
  • building rules; or
  • temporary closure.

Facilities and services may occasionally become unavailable because of maintenance, repair, safety requirements or circumstances outside Nesphere’s reasonable control.

Nesphere will take reasonable steps appropriate to the circumstances where a material advertised facility is unexpectedly unavailable.

16

Promotions and Offers

Promotions and discount codes are subject to the specific conditions displayed with the relevant offer.

Those conditions may include:

  • booking period;
  • stay dates;
  • applicable accommodation;
  • minimum stay;
  • booking channel;
  • availability; or
  • other eligibility requirements.

Unless otherwise stated:

  • promotional codes have no cash value;
  • offers cannot be applied retrospectively to an existing booking;
  • only one promotional code may be used per booking;
  • promotions may not be combined; and
  • offers are subject to availability.

Nesphere may reject fraudulent or unauthorised use of an offer.

Nesphere may amend or withdraw an offer before a booking has been validly confirmed.

This will not normally affect a booking already validly confirmed under that offer.

17

Website Use and Intellectual Property

The Nesphere website may only be used for lawful purposes.

Users must not:

  • attempt unauthorised access;
  • introduce harmful software;
  • interfere with security;
  • deliberately disrupt the service;
  • impersonate another person;
  • use the website fraudulently; or
  • scrape or reproduce site content for unauthorised commercial resale.

Unless otherwise stated, Nesphere website content, including branding, photography, graphics, text, design and other original material, is owned by or licensed to Nesphere.

Such material may not be commercially reproduced, republished or distributed without appropriate permission except where permitted by law.

18

Third-party Services

The website or guest communications may contain links to third-party services, including maps, transport providers, attractions, social media, payment providers or booking platforms.

Unless expressly stated otherwise, third parties operate independently of Nesphere and may apply their own terms and privacy policies.

A link or recommendation does not constitute an unconditional guarantee of a third party’s products or services.

19

Privacy

Nesphere handles personal information in accordance with its Privacy Policy.

Personal information may be collected and used in connection with bookings, guest registration, accommodation management, payments, enquiries, customer service, security, access control, promotions and marketing where appropriate consent has been provided.

20

Liability and Events Beyond Our Control

Nesphere does not seek to exclude liability that cannot lawfully be excluded.

To the extent permitted by applicable law, Nesphere will not be responsible for losses that:

  • were not reasonably foreseeable;
  • arise from circumstances outside Nesphere's reasonable control;
  • result from a guest's own act or omission;
  • arise from unauthorised use of the accommodation; or
  • arise from independent third-party services outside Nesphere's control.

Nothing in these Terms excludes, restricts or modifies any liability, right or remedy where doing so would be prohibited under applicable law.

Events outside Nesphere’s reasonable control may include:

  • typhoons;
  • severe weather;
  • floods;
  • fire;
  • natural disasters;
  • public-health emergencies;
  • government orders;
  • utility interruption;
  • major building failure;
  • transport disruption;
  • industrial action;
  • civil disturbance; or
  • comparable events beyond reasonable control.

Where such an event materially affects accommodation, Nesphere will take reasonable steps appropriate to the circumstances.

21

Refusal of Service, Termination and Complaints

Nesphere may refuse check-in, restrict access or terminate a stay where reasonably necessary because of matters including:

  • non-payment;
  • fraud;
  • unlawful activity;
  • violence or threats;
  • serious harassment;
  • serious or repeated disturbance;
  • material damage;
  • serious safety concerns;
  • unauthorised occupancy;
  • deliberate interference with fire or security systems; or
  • a material or repeated breach of applicable Terms or house rules.

Any action must remain subject to applicable law.

Guests should notify Nesphere promptly of problems with their accommodation so that Nesphere has a reasonable opportunity to investigate and, where appropriate, rectify the issue.

Prompt reporting does not limit any statutory right or remedy available to the guest.

22

General Legal Terms

Contact

Nesphere Management Company Limited
310 King’s Road
North Point
Hong Kong
Email: info@nespheregroup.com

Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue in effect.

Waiver

A failure or delay by Nesphere in exercising a right does not necessarily constitute a waiver of that right.

Changes to These Terms

Nesphere may update these Terms from time to time to reflect changes to services, operations, technology, regulatory requirements or applicable law.

The version applicable to a confirmed booking will generally be the version in effect when that booking was confirmed, except where a change is required by law or expressly agreed with the guest.

A later website update must not be presented as retrospectively removing contractual rights from an already confirmed booking where this would not be lawful.

Governing Law

These Terms are governed by the laws of the Hong Kong Special Administrative Region.

Subject to rights that cannot lawfully be restricted, disputes arising out of or in connection with these Terms or services provided by Nesphere will be subject to the jurisdiction of the courts of Hong Kong.

Entire Agreement

These Terms, together with the applicable booking confirmation, rate conditions, promotion conditions, house rules and any separately signed accommodation agreement constitute the applicable agreement governing the relevant booking or service.

Language

These Terms may be made available in more than one language for convenience. In the event of any inconsistency between the English version and a translated version of these Terms, the English version will prevail to the extent permitted by applicable law.