GUESTS’ TERMS & CONDITIONS
Introduction
The terms below apply to your booking if you book a room at Nemo Hotel from 1st September 2019. When you make a booking with us via our website or when we make any booking on your behalf, these terms and conditions will apply. If you book ten or more rooms for the same night, we will treat this as a Group Booking. When you make a reservation on our website you will be asked to click "I accept" button, and you will not be able to complete your booking if you do not do this; clicking “I accept” confirms that you accept these terms. For your own benefit and protection, you are required to read these terms carefully before making your booking. If you do not understand any point, please contact us for further information.If you have a question about your booking or these terms, please visit our website www.nemo-hotel.com and click on the “Contact” page. We will respond to you as quickly as we can, and we will return within three working days.
1. Nemo Hotel booking
1.1 You must ensure that the name on a reservation is correct at the time of booking as we will not change the name on the booking afterwards. Even if you make a booking for someone else's benefit and don’t stay yourself, you must comply with these terms;1.2 We only require and can only accept one guest's name per booking. You must be aged 18 years or over to make a booking with Nemo Hotel, and you must be aged 18 years or over to stay alone. If a customer arrives at the hotel and is under 18 years of age, the customer will not be permitted to stay alone. We will require photo identification as proof of age, and if the customer is unable to present this to the satisfaction of the hotel we may terminate your booking without refund;
1.3 Each booking will be for one hotel only. It is not possible to split a booking across multiple Nemo hotels. If you book ten or more rooms for the same night we will treat this as a Group booking;
1.4 Your reservation is not transferrable from one Nemo hotel to another. You cannot transfer or resell your booking. Any bookings resold or transferred may not be honoured, and we accept no liability in respect of this;
1.5 We will issue you with a confirmation number when a booking has been made. The confirmation number is proof that we have accepted your booking. No booking shall be binding on Nemo Hotel Group LTD until we issue you with a confirmation number.
2. Nemo Hotel arrival & departure
2.1 At Nemo, we operate a relocation policy. If a room is unavailable on arrival, then we agree to either:a) Provide a room in another Nemo Hotel and pay the reasonable cost of transport to that alternative hotel, or:
b) Provide a room in a third-party hotel and cover the reasonable cost of transportation to that alternative hotel;
c) If in our reasonable opinion there is no suitable alternative hotel accommodation available, cancel your booking and refund you any money you have paid in advance for the unavailable room(s);
2.2 You can check-in after 2 pm on the scheduled date of arrival unless you purchase an early registration with your booking or directly at the hotel, subject always to rooms availability. If you intend to arrive after 23:00 on the scheduled date of arrival you must inform the hotel otherwise our no show policy will apply;
2.3 You must check out before the indicated time on your confirmation email on the scheduled date of departure unless you purchase a late checkout. If you do not check out by 11:00hrs then we must charge you a Late checkout fee till 14:00hrs and after that the Semi flexible rate at that time for one night’s stay for the applicable room(s);
2.4 If you are due to pay on arrival at the hotel and the process above is followed, we will still take payment for the cost of the booking.
3. Staying at Nemo Hotel
3.1 At Nemo Hotel we do not permit guests under the age of 18 to stay in our hotels alone;3.2 The maximum number of guests in any Nemo room is two (including babies & children). There are following room (cabins) types at Nemo Hotel:
a) Single cabins for single occupancy;
b) Twin cabins for double occupancy (two adults or one adult and one child);
c) Studious for double occupancy (two adults or one adult and one child);
3.3 You must not exceed the maximum specified occupancy for the room (cabin) type that you have booked. The maximum number of people for each room is set out above;
3.4 We will require you to move rooms if you make a booking to stay at Nemo Hotel for 28 or more days concurrently;
3.5 We provide wheelchair accessible and limited mobility rooms subject to availability. Please specify this requirement at the time of booking;
3.6 You must not use cooking equipment that is not provided by Nemo Hotel while staying with us;
3.7 You agree not to use Nemo Hotel or its facilities to conduct any commercial activity or activity that seeks to gain profit without prior written consent from Nemo Hotel Group LTD;
3.8 You must not damage any items belonging to Nemo Hotel. You have to bring our immediate attention to any damage made to our property. We may either (at our sole discretion) request the immediate re-payment of our reasonable costs during your stay or instruct a third party to contact you after your stay to recover the reasonable costs for any repair, replacement or specialist cleaning we incur if you damage our hotel or property;
3.9 You must not bring any potentially hazardous or otherwise dangerous items on to our premises. You must not cause any disturbance to any other guests or our staff including but not limited to noise disturbance;
3.10 All room keys must be returned to us on check-out. If you don’t do this, we may charge you for a replacement key or lock as required;
3.11 Smoking is not permitted in any Nemo Hotel other than in designated smoking areas outside our hotels. You must not smoke in any of our hotels, either in the hotel rooms or public areas, or interfere with our fire detection system or with any emergency equipment. We may either (at our sole discretion) request the immediate re-payment of our reasonable costs during your stay or instruct a third party to contact you after your stay to recover our reasonable costs. The reasonable costs we incur if you smoke in our hotel are likely to include costs for specialist cleaning, repair or replacement of damage by you to our property, the cost of the room for any period it is unusable and our administration expenses;
3.12 If you do not comply with the rules stated above, when staying at our hotel we may terminate your booking and require you to leave the hotel immediately and may retain any money paid to us for such booking. If we consider your non-compliance to be sufficiently serious, we may not accept any future reservations from you and/or not allow you entry to or accommodation at any of our hotels;
3.13 Your responsibility: If you or any member of your booking group causes damage or loss of any kind to us or any other customers, including but not limited to as described above, you will be responsible for that damage or loss and you as the person who made the booking will be required to pay the costs, including but not limited to those described in this section above.
4. Paying for our services
4.1 Our rates are published on our website. Room rates are per room per night and are inclusive of VAT and exclusive of any additional charges;4.2 All payments are due in full at the time of your booking unless we otherwise advise you. We reserve the right to terminate any booking made where we have been unable to successfully receive payment from the guest on the date of payment is due;
4.3 An administration charge based on reservation currency is charged per stay at a fixed rate. This charge is associated with handling the administrative side of each booking and is charged at a fixed amount independent of reservation method and payment mechanism. The administration charge is not included in the price of a room, as it will remain unchanged regardless of a number of rooms are booked;
4.4 If you don’t make payment in full at the time of booking, we require debit or credit card details to be provided at the time of your reservation. We will charge your card for the cost of the total stay if you fail to arrive. You will need to pay on arrival, and you must use the same card that you used to make your reservation. We do not accept payment over the telephone, by cash or cheque;
4.5 For the Group reservations all payments are due in full at the time of your booking if it is made 28 days or fewer before the scheduled date of your arrival. Such payments are not refundable. For Group bookings made more than 28 days before the scheduled date of arrival; a 10% deposit is due in full at the time of your reservation. This amount is not refundable, and you must pay the final balance for your Group booking at least 28 days before the scheduled date of arrival. If we do not receive payment of the full balance by this time, your Group reservation will be cancelled automatically, and no refund will be given.
5. Cancellations & refunds
5.1 Once you have checked-in with us, you cannot amend or cancel your reservation. Cancellations or amendments to your reservation must be done four days prior the day of your original check-in date. You cannot cancel your reservation after this time;5.2 We will refund you 80% of the money you have paid for any nights cancelled, excluding administration charges and booking fees. Our non-flexible rate reservations are not refundable;
5.3 You can cancel your Group reservation prior to 28 days before your scheduled arrival date by notifying us by email, or by selecting Cancel your booking option on our website. Your 10% deposit is non-refundable. If you cancel a Group reservation 28 days or less before your scheduled arrival date, we will not refund your payment;
5.4 If you do not arrive at the hotel on the scheduled date of arrival, you will be deemed to be a ‘no show’ and your booking will be cancelled, and in accordance with our cancellation policy no refunds will be made to the guests and all other due payments (if any) will be charged. If you intend to arrive after 23:00 on the scheduled date of arrival you must inform the hotel otherwise our no show policy will apply;
5.5 All amendments must be made four days before the day of your original check-in date. You cannot amend your reservation after this time. All amendments are subject to a £10 amendment fee plus charges applicable for the rate change from the previous booking. Non-Flexible Rate reservations are not amendable;
5.6 You may make certain amendments to your Group reservation prior to 28 days before the scheduled date of arrival if your booking does not drop below ten rooms per night. If you wish to reduce the number of rooms below ten, you will need to cancel the Group reservation entirely, and make a new booking;
You can also add any additional nights to your Group reservation, subject to availability. You are only able to add nights after your original departure date;
5.7 Where a refund is payable in accordance with our terms and conditions, we will only make refunds to the payment card that you used to make your reservation. If you cancel your booking before you check-in, in accordance with these terms, we will credit refunds within five working days of cancellation. If you shorten your booking during your stay in accordance with these terms, we will make a refund within five working days of the last day of the original reservation. If you are an individual consumer, your statutory rights are unaffected. You can find out more about your statutory rights by contacting the Citizens Advice Bureau;
5.8 If you fail to pay us when you are required to do so or breach these terms, we will cancel your booking with immediate effect. If an event outside our reasonable control is reasonably likely to prevent us from performing your reservation we may cancel your booking on notice to you (by email) and will refund in full any payment made by you in respect of such booking to the payment card that you used to make the booking, including any additional charges and booking fees;
5.9 Our room rates exclude any additional charges unless we expressly agree with you otherwise as part of your booking. Any additional services may be purchased after you have made your reservation subject to a booking fee. If you pay for any additional services directly at the hotel during your stay, this will not incur your reservation fee;
5.10 Any additional services are always subject to their availability. If you requested any additional services at the time of your reservation and these services are unavailable upon arrival at the hotel we will refund you the amount paid by you for those services in full.
6. Brining pets to Nemo Hotel
At Nemo Hotel we don’t allow pets, except guide dogs. Please make sure you notified the hotel in advance if you plan to bring such dog with you. Guide dogs must always be kept on leads in public areas.7. General
7.1 Amendments to these terms: We reserve the right to change these terms from time to time, and the terms applicable to your booking are those in force on the date of your reservation;7.2 We process your personal information in accordance with our Privacy Policy. Please ta read our Privacy Policy as it includes important terms that apply to you. By providing personal information in connection with your booking, you consent to such processing on behalf of you and any other guest staying with us under your booking. Additional terms will apply to your use of our digital channels when you make your reservation through them;
7.3 If you are an individual consumer, you have certain legal, statutory rights. If any of these terms conflict with your statutory right or the law changes and your statutory rights change, then the statutory rights will prevail over these terms. For more information on your statutory rights contact your local Citizens' Advice Bureau or Trading Standards office;
7.4 We shall not be in breach of these terms or liable for any failure to perform any of our obligations in relation to your reservation (such as the provision of room(s) and/or other products and/or services) due to any adverse event, act, omission or an accident which is beyond our reasonable control including but not limited to earthquake, flood, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism, partial or full cancellation or delay of major public event, interruption or fire (except by way of our default) or failure of (except by way of our default) electric power, water, gas, or other utility services, computers, plant machinery, vehicles or any collapse of building structures. If an event outside our reasonable control is reasonably likely to prevent us from performing our services we may cancel your reservation on notice (mad by email) and we will refund in full any payment made by you in respect of such reservation to the payment card that you used to make the booking;
7.5 If you have a question regarding your booking or you wish to make a complaint please contact us through the contact page on our website. We will respond to you as quickly as we can within four working days. If you make a complaint to us in relation to your reservation and that complaint remains unresolved between you and us you may use the European Commission’s online dispute resolution portal at https://ec.europa.eu/consumers/odr. You should note that any decision may not be binding and that neither you nor we are required to participate in online dispute resolution;
7.6 We will not be liable for any losses that are not caused by either a breach of these terms by us, our non-compliance with our duties under applicable legislation or our negligence. We will also not be liable for any losses, which were not foreseeable to both parties when the contract was formed. Loss is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen for example if you discussed it with us during the booking process;
7.7 We want to provide a safe and secure environment for your stay and where necessary, we will take appropriate security measures. If an incident occurs during your stay resulting in theft, loss or damage of your property, we will carry out an internal investigation. If we do not feel certain that your property was stolen, lost or damaged through any fault of ours, our staff or agents our liability will be limited to the maximum sums under the Hotel Proprietors’ Act 1956 (or the London Local Authorities Act 2004 in the case of hotels in Greater London) and if an incident is referred to the Police and they draw the same conclusion as us this will also be evidence that our liability is limited to those maximums. If an act of negligence causes the loss by the customer, or by an Act of God (such as a flood), our liability will be limited to the maximum sums under the Hotel Proprietors’ Act 1956. In respect of all losses which are not subject to a maximum liability or are not covered by the relevant legislation, our total liability to you for any and all losses shall not exceed twice the total daily rate we charge you for your booking. If your booking includes a number of different daily rates, the average rate will be used;
7.8 We will not be liable in any circumstances for any loss or damage to vehicles you bring to the hotel or any property left in them regardless of whether they are parked in a car park connected to the hotel or not;
7.9 Nothing in these terms will exclude or limit our liability for fraud or death or personal injury caused by our negligence or any other matter which it would be illegal for us to (or to attempt to) exclude or limit. If any provision in these terms is found to be illegal, invalid or unenforceable in whole or in part, then the provision will apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable. The legality, validity and enforceability of the remainder of these terms shall not be affected;
7.9 Any failure by us to enforce our rights or remedies under these terms or otherwise or any delay in enforcing such rights or remedies shall not be construed as a waiver by us of those or any other rights or remedies;
7.10 This contract is between you and us. No other person shall have any rights to enforce any of its terms;
7.11 These terms and any non-contractual obligations arising out of or in relation to these terms shall be governed by and will be interpreted in accordance with English law. All disputes arising out of or relating to these terms or any non-contractual obligations arising out of or relating to these terms shall be submitted to the non-exclusive jurisdiction of the English courts.
8. About Nemo Hotel
The meaning of "Nemo Hotel", "we" or "us" in these terms will depend on the location of the hotel you are booking. The head office of Nemo Hotel (Nemo Hotel Group LTD) has its registered office at 35 Princess Park Manor, Royal Drive, London N11 3FL. (Company No. 10367854).9. Cookies
Nemo Hotel Group LTD uses cookies on its webpages to:a) Direct you to the correct landing page based on your geo-location (geo-targeting cookie);
b) Maintain your session and required details when you browse the Nemo Hotel website, during account registration and booking process (session cookie);
c) Collect website usage data for statistical/analytics purposes (analytics cookie);
10.2 You may instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites that you visit. Nemo Hotel website will not function if cookies are disabled.
10. Personal data
10.1 Where your booking involves a stay in Nemo Hotel outside Europe, we will be required to transfer your personal data outside of the EEA to facilitate the booking. By accepting these Terms and Conditions, you are giving your explicit consent for us to transfer your personal data to the relevant authority in accordance with that countries laws and regulations;10.2 At Nemo, we have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Also, we limit access to your personal data to those employees, contractors, agents and other third parties who have a business need to know. They will only process your data on our instructions, and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. Nemo Hotel Franchisees are not permitted to use any data transferred to them by Nemo Hotel other than as outlined in our Privacy Policy.
11. Nemo Hotel Brand
11.1 Nemo Hotel website and app, including the booking and other applications, text, graphics, designs, audio and video clips, hotel and destination information and all other content contained within them are the property of Nemo Hotel LTD and/or its content suppliers;11.2 You may use Nemo Hotel website, mobile site and app and their content solely for personal, non-commercial and private use subject always to applicable copyright laws.
11.3 All trademarks, trade names, service marks and all other marks, whether registered or unregistered, on the Nemo Hotel website, mobile site and app are owned by or licensed to Nemo Hotel Group and may not be used, reproduced or modified without the prior written approval of Nemo Hotel LTD and/or their respective owners;
11.4 Nemo Hotel website, mobile site and app, the services provided and all content contained within them are supplied "as is" and "as available". Nemo Hotel offers no guarantee regarding the website and content. You are solely responsible for your use thereof;
11.5 While we will make every effort to ensure that the information on Nemo Hotel website, mobile site and app is accurate and published in good faith. Without affecting any statutory consumer rights that cannot be lawfully excluded or limited, Nemo Hotel Group does not warrant or represent the accuracy of the information displayed and disclaims to the maximum extent permitted by law all warranties expressed or implied by statute, custom or usage;
11.6 Nemo Hotel Group LTD will not be liable for any direct, indirect, consequential, punitive losses or damage (including without limitation loss of revenue, loss of goodwill, loss of reputation and loss of, or damage to data), arising out of Nemo Hotel website, mobile site or app or the use thereof or any services purchased from Nemo Hotel website, mobile site or app, or any errors, inaccuracies or omissions in the services or content provided howsoever caused;
11.7 The inclusion of all website links on our Nemo Hotel website, mobile site and the app does not imply endorsement by Nemo Hotel of such linked sites, or any association with their operations. These sites are outside the control of Nemo Hotel Group LTD. We will not be responsible for the content on the linked sites or your use thereof.
12. Changes to these Terms & Conditions
Nemo Hotel Group LTD reserves the right to cancel, amend or vary the arrangements and content featured on its website, mobile site and app and/or change, amend, vary or add to these Terms and Conditions at any time without prior notice. Please check the Nemo-hotel.com (mobile site and app) regularly for updates to these Terms and Conditions;If there is any conflict or discrepancy between the English text of these Terms and Conditions and any translation thereof into any other language, the English version shall prevail.