Mandarin Oriental Exceptional Homes
Guest Booking Terms & Conditions
These booking conditions (the "Booking Conditions") set out the terms on which Mandarin Oriental Hotel Group Limited ("Mandarin Oriental", "we", "us" or "our") agrees to sell private accommodation bookings (“Accommodation") to you.
1. Your Relationship with Mandarin Oriental
1.1 Mandarin Oriental is a company registered in Hong Kong with registration number 04854821, whose office is located at 8/F, One Island East, 18 Westlands Rd, Taikoo Place, Quarry Bay, Hong Kong.
1.2 We act as an agent in relation to the sale of Accommodation listed on our website and sold to you online and offline through our various sales channels, including by email and telephone. Your contract for the provision of the Accommodation is with the owner of the Accommodation disclosed to you at the time of booking and named on the booking confirmation (the “Supplier/Principal”) and shall be governed by the Supplier/Principal’s terms and conditions which we shall make available to you during the booking process.
1.3 You can contact us by writing to us by email to moexceptionalhomes@mohg.com.
1.4 Your booking with us is subject to these Booking Conditions, as well as the Supplier/Principal’s terms and conditions. Please read these Booking Conditions carefully before making a booking with us. If there is anything within these Booking Conditions that you do not understand, then please contact us at the details given in clause 1.3 above to discuss what this means for you. If you do not agree to these Booking Conditions you must not make a booking with us.
1.5 The lead name on the booking will be the person responsible for the booking (the "Lead Name"). The Lead Name shall be responsible for making all payments, for making any amendment and cancellation requests, for paying any additional charges in relation to the booking and for all other matters concerning the booking. The Lead Name must be at least 18 years old at the time of booking. References in these Booking Conditions to “you” and “your” mean the Lead Name and all persons named on the booking (including anyone who is added or substituted at a later date) or any of them.
1.6 The Lead Name must ensure and hereby confirms that the details provided for all parties named on the booking are full and accurate, that all parties agree to be bound by these Booking Conditions and that the Lead Name has the authority to accept and does accept these Booking Conditions on behalf of all persons named on the booking. The Lead Name agrees to check all descriptions on the booking confirmation received after booking and to inform us immediately of any errors.
2. Your Contract
2.1. Our acceptance of your booking will take place when we send you a booking confirmation email that will confirm the details of your Accommodation. At this point, a contract will come into existence between you and the Supplier/Principal and will be governed the Supplier/Principal’s terms and conditions referred to in clause 1.2 above.
2.2. All bookings for Accommodation are subject to availability at the time of booking. We try hard to make sure that our advertisements are kept up to date, but we do not guarantee that any of the Accommodation we advertise will still be available at the time of booking. We will inform you as soon as possible after you place a booking if, for any reason, the Accommodation you have sought to book with us is not available.
2.3. It is your responsibility to check the booking confirmation and any other documents we send you carefully and to let us know immediately in the event of any error or inaccuracy.
2.4. We shall be under no obligation to issue a booking confirmation after you have placed a booking with us. We will not issue a booking confirmation if we discover an error in the pricing of the booking (see clause 4 below) or if the requested Accommodation is no longer available.
2.5. If, for any reason, we are unable to accept your booking, we will inform you of this and not process your booking further. We will then arrange for you to be refunded any part of your booking already paid, unless you decide to use that payment towards a different booking.
2.6. If you have any special requests, you must let us know during the booking process. We will attempt to pass on all reasonable requests to the Supplier/Principal at our sole discretion, but we cannot guarantee that such requests will be met by the Supplier/Principal.
2.7. If you have a medical condition or a member of your party is a person of reduced mobility, please let us know before making a booking so we can advise you as to the suitability of your chosen Accommodation.
3. Descriptions
3.1. All descriptions and content on our website and marketing material, or otherwise issued by us, is intended to present a general idea of the Accommodation. Not all details of the relevant services can be included on our website. If you require any further details in respect of any Accommodation or any other services please contact us.
4. Pricing
4.1. We may change the advertised price of the Accommodation from time to time. We try hard to make sure that the advertised price is the most up-to-date price, but prices can change at short notice. We will confirm the actual price at the time of booking.
4.2. Occasionally errors in pricing do occur. If there is a mistake, and the actual price is lower than that given at the time of booking, we will only charge you the lower amount. If the price is higher, we will contact you for instructions or reject your booking (at our sole discretion) and notify you of this so that you can decide what you would like to do.
4.3. If we accept and process your booking where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel your booking and refund you any sums you have paid.
4.4. Where these are known to us in advance, we will include all local tourist taxes and fees that have to be paid locally, as applicable at the time of booking, in the price of your booking. If we are unable to calculate the exact amount of local tourist taxes and fees in advance, we will explain how these are to be calculated and provide an indication of what the local charge is likely to be.
5. Payment
5.1. In order to make a booking with us, you must pay a deposit of 50% of the cost of your booking, plus any applicable Service Charge. The exact deposit amount will be notified to you at the time of booking.
5.2. If you have paid a deposit, the balance of the cost of your booking is payable no later than 10 weeks before the start of your stay. If you fail to pay the balance by the due date, we are entitled to assume that you wish to cancel your stay and the cancellation charges in clause 9 will apply to your booking.
5.3. If you make a booking within 10 weeks of the start date of your stay, you must make payment of the full amount at the time of booking.
5.4. We reserve the right to charge you a fee for the booking service we provide to you (“Service Charge”), calculated as a percentage of the Accommodation cost. The Service Charge is payable by you directly to us, and is non-refundable in the event you cancel your booking in accordance with clause 9. We will notify you of any applicable Service Charge at the time of booking.
5.5. With the exception of any applicable booking or service charges, all other sums collected by us in relation to the Accommodation are done so as payment agent on behalf of the Supplier/Principal.
6. Damage Deposit
6.1. All bookings are subject to a refundable damage deposit (the “Damage Deposit”) on the terms set out in this clause 6 to protect the Supplier/Principal against breakages, loss, damage or extra cleaning at the Accommodation.
6.2. You will be required to pay the Damage Deposit at the time that the balance of the cost of your booking is due under clause 5. The exact deposit amount will be notified to you at the time of booking and held by us on behalf of the Principal/Supplier/Principal.
6.3. Any breakages, damage or loss caused to the Accommodation or its contents during your stay may result in the forfeit of some or the entire Damage Deposit. In the event that no claims on the Damage Deposit are made by the Supplier/Principal within seven days’ of your departure from your stay, we will release the Damage Deposit to you within a further 30 days. Should the Supplier/Principal make a claim on the Damage Deposit, it must provide supporting evidence and quotations of any damages and claims and we will review these to determine whether any charges to the Damage Deposit are necessary. Where we determine in our sole discretion that charges are necessary, you authorise us to deduct the necessary amount from the Damage Deposit before returning the remainder of the Damage Deposit to you. Please note that any dispute regarding a deduction from the Damage Deposit is to be addressed to the Supplier/Principal. We, as agent, are not authorised to enter into any correspondence with you concerning the Damage Deposit.
6.4. Notwithstanding the Damage Deposit held, you remain responsible to the Supplier/Principal to prevent any accidental or negligent breakage, loss, damage or other injury to the Accommodation and/or the contents therein during your stay. You are also required to leave the Accommodation clean, tidy and in the same condition as on your arrival.
7. Incidentals Deposits & Third Party Services
7.1. You will also be required to pay an incidentals deposit (the “Incidentals Deposit”) at the time that the balance of the cost of your booking is due. The exact deposit amount will be notified to you at the time of booking.
7.2. As part of the Accommodation being supplied to you, the Supplier/Principal will utilise the Incidentals Deposit for the purpose of supplying the private chef with kitchen provisions.
7.3. The Supplier/Principal may also offer a concierge service (or, if the Supplier/Principal doesn’t, we may offer one on behalf of the Supplier/Principal), and the Incidentals Deposit shall be used to pay for any additional services you may wish to book through the concierge service, such as tickets for sporting or entertainment events, car hire or other transportation arrangements, subject at all times to clause 7.5 below. These additional services will be provided by third-party providers under separate contracts with those third-party providers, and do not form part of your Accommodation booking. These additional services shall be booked on your behalf, and the concierge shall arrange for you to enter into separate contracts with the third party providers of these additional services.
7.4. In certain circumstances, where the Incidentals Deposit is not sufficient to cover the cost of any additional services with third-party providers booked on your behalf, we may request further payment from you. We will inform you if this is the case. In other circumstances, the Supplier/Principal may arrange for you to be invoiced directly by the third-party provider of the additional services.
7.5. You may book additional services following the conclusion of a booking for Accommodation through the Supplier/Principal’s concierge service (or occasionally, through our concierge service, where we offer one). Such bookings for additional services will constitute separate contracts with the third-party providers of those additional services and will be independent of your Accommodation booking. The additional services will not form part of a package or linked travel arrangement with the Accommodation.
8. If You Wish to Make a Change to Your Confirmed Booking
8.1. If, after we have issued you with a booking confirmation, you wish to make an amendment to your booking, please contact us. We will contact the Supplier/Principal and let you know if the change is possible. Amendments can only be made in accordance with the Supplier/Principal’s terms and conditions. If the amendment is possible, we will let you know about any changes to the price of the booking or anything else which would be necessary as a result of your requested amendment and ask you to confirm whether you wish to go ahead with the amended booking. If the Supplier/Principal cannot make the amendment or the consequences of making the amendment (such as an increased price) are unacceptable to you, you may wish to cancel your booking in accordance with clause 9.
8.2. Where your requested change can be met, you must pay all costs and charges incurred or imposed by the Supplier/Principal before the change can be made.
9. If You Wish to Cancel Your Booking
9.1. You may cancel your confirmed booking at any time prior to your stay, however, cancellations can only be accepted in accordance with the Supplier/Principal’s terms and conditions. The Supplier/Principal’s cancellation charges in clause 9.3 will apply. Furthermore, our Service Charge is non-refundable in the event you wish to cancel your booking.
9.2. Should you wish to cancel, you must contact us in writing, using the contact details at clause 1.3. Such notification will only be effective on receipt by us.
9.3. If you wish to cancel your booking, the Supplier/Principal shall charge the following cancellation charges, subject to clause 9.4:
(a) If we receive your notification of cancellation more than 10 weeks before the start date of your stay: your deposit payment shall be retained.
(b) If we receive your notification of cancellation within 10 weeks of the start date of your stay: the full cost of the booking will be charged and retained as the cancellation fee.
9.4. The above terms reflect the cancellation terms for the majority of the Supplier/Principals. However, some Supplier/Principals may have different cancellation charges stipulated in their terms and conditions, in which case those charges shall take precedence and apply to your booking.
9.5. Please note that you do not have the right to a “cooling-off period” of 14 days in which to cancel your booking without charge. This right, available to UK and EU consumers, does not apply to bookings for accommodation.
10. Cancellations by the Supplier/Principal
10.1. We will inform you as soon as reasonably possible if the Supplier/Principal needs to cancel your booking. We will liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the Supplier/Principal (if any) but we will have no further liability to you.
10.2. If the Supplier/Principal cancels your booking and isn’t able to provide any suitable alternative arrangements, you will be entitled to a full refund of all monies paid by you, which we shall request from the Supplier/Principal on your behalf.
11. Our Responsibility for Your Booking
11.1. We act as a booking agent on behalf of the Supplier/Principal. As agent, we accept no responsibility for the acts or omissions of the Supplier/Principal or for the Accommodation provided by them. We are not liable, nor do we take any responsibility for, any claims made by the Supplier/Principal against your Damage Deposit.
11.2. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Accommodation that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to 100% of the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected).
11.3. Where you purchase any additional services through us, whether through the Supplier/Principal’s concierge service, or our concierge service (where we offer one), your contract for the supply of those services shall be with the third-party providers of those additional services directly. We accept no responsibility for the provision of additional services that are booked on your behalf by us or the Supplier/Principal, nor do we accept any liability if you suffer loss or damage during the course of the provision of those additional services.
11.4. We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
12. Your Behaviour
12.1. You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our or the property manager’s opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any person or third party, or damage to property, we reserve the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused which will be deducted from the Damage Deposit in accordance with clause 7. Where the amount of the damages or losses exceeds the Damage Deposit, you remain liable for payment of any additional sums.
13. Complaints
13.1. If you have a complaint about your Accommodation during your stay, you must notify the property manager at the Accommodation without delay , who will take all reasonable steps to help you during your stay. It is only if you do this that the Supplier/Principal shall have the opportunity to put matters right during your stay.
13.2. If your complaint is not resolved during your stay and you wish to follow this up, please write to our customer services team (using the email address at clause 1.3) within 28 days of the end of your stay giving details of your complaint. If you fail to follow the requirement to report your complaint during your stay, the Supplier/Principal will have been deprived of the opportunity to investigate and rectify the issue and this may affect your rights under your contract with the Supplier/Principal.
13.3. Please note that we will forward your complaint to the Supplier/Principal. Since we act as an agent on behalf of the Supplier/Provider, we are not responsible to you for any refunds or compensation payments and nor can these be made without the Supplier/Principal’s authorisation.
14. Personal Data
14.1. We will only use your personal information as set out in our Privacy Policy: https://www.mandarinoriental.com/en/privacy-policy.
15. Other Important Terms
15.1. These Booking Conditions and the associated booking confirmation set out the entire agreement between us. You are not relying upon any other statement, promise or assurance in relation to your booking.
15.2. These Booking Conditions are between you and us. No other person shall have any rights to enforce any of their terms and conditions.
15.3. If we do not insist immediately that you do anything you are required to do under these Booking Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you immediately, we can still require you to make the payment at a later date.
15.4. We may transfer our rights and obligations with you under these Booking Conditions to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the Booking Conditions.
16. Law & Jurisdiction
16.1. These Booking Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of them, their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Notwithstanding this choice of law, if you are a resident in another country, you will not be deprived of the protection afforded by the mandatory provisions of the laws of that country. Accordingly, to the extent that the mandatory provisions of national law give you additional protections to those set out in these Booking Conditions, those additional protections will be incorporated into and form a part of these Booking Conditions.
16.2. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Booking Conditions or their subject matter or formation. However, if you live in another country, you can bring legal proceedings in respect of your booking in either the court of the country you live in or the English courts and we can bring proceedings against you in the court of the country you live in.