Last Updated: 10 February 2025
Introduction
These terms apply to all websites operated by The Hongkong and Shanghai Hotels, Limited, its subsidiaries, and/or affiliates (collectively, “HSH”, “our”, “we”, or “us”), which includes hshgroup.com, peninsula.com, quaillodge.com, zbarchicago.com, therepulsebay.com, thepeak.com.hk, and such other websites operated by us from time to time (each, “Website”). By using, accessing or submitting information to our Website you accept and agree to be bound by the following terms and conditions (“Terms”). These Terms shall be read together with our Data Privacy & Security Policy and Cookies Policy available on the relevant Website. If you make a purchase on our Website, terms and conditions connected with the sale will also apply.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS, USE OR SUBMIT INFORMATION TO THIS WEBSITE.
NOTE: FOR U.S. VISITORS, THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
These Terms may be amended by HSH from time to time without prior notice. Any changes to these Terms will take effect from the date of publication. By continuing to use our Websites after any changes are published, you indicate your acceptance of any such changes.
Investor Information
The financial and investor information contained on our Websites is made available by HSH for general information purposes only. Nothing contained on our Websites is intended to constitute a public offer under any applicable law or an invitation or inducement to engage in any investment activity. HSH shall not be liable for any loss or damage howsoever arising from reliance on the contents of our Websites. HSH makes no recommendation to buy, sell or otherwise deal in shares of HSH or in any other securities or investments whatsoever. You should not rely on or act upon, directly or indirectly, any information contained on our Websites as investment advice. Any person at any time considering engaging in investment activity should seek appropriate professional, financial or other advice and should not rely on the information contained on our Websites.
Some contents of our Websites may contain forward looking statements concerning the performance and financial condition of HSH. You should note that actual results may differ from such forward looking statements.
HSH has no liability in relation to any delays, errors or inaccuracies contained in the information regarding the share price of HSH, which is provided by an external party.
Links to Other Websites
Our Websites may contain links to other external websites on the Internet (including those linked through advertisements and search engines) to provide convenience to viewers only. Inclusion of any such links does not constitute HSH's endorsement, approval, association with or recommendation of the relevant website, their operators, or any content or opinions therein, including any products or services, whether expressed or implied. If you use these third party websites, you do so entirely at your own risk and you understand these Terms do not apply to your use of such websites. Such websites may have their own terms and conditions, which apply to your use of these third party websites and their services. HSH is not responsible for the contents of any such website and will not accept any liability for the accuracy, legality, validity, reliability or otherwise of any content or the security of any activity carried out on these other websites. In addition, your dealings with or participation in promotions of advertisers found on our Websites are solely between you and such advertisers. HSH shall not be responsible for any loss or damage resulting from or in connection with your dealings with any such advertisers.
User Accounts
You may be required to register an account in order to access certain parts of this Website. Where you are required to register, you must provide HSH with accurate, complete and up to date information and you authorize HSH to assume that any person using our Website with your user name and password is either you or is a person authorized to act for you. If you authorize any person to act for you in relation to the use of a Website, you will ensure that they comply with these Terms at all times.
You are responsible for ensuring that your account on the Website is secure by keeping your password safe and confidential. HSH will never ask you for your password. You must notify HSH immediately in the event of any actual or suspected unauthorised use or disclosure of your account and password.
HSH reserves the right to disable any account, at any time, if in HSH’s opinion you failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering an account proved to be false.
Except as otherwise required by applicable law, HSH may terminate, reduce, or suspend your use of our Websites from time to time at any time for any reason in its sole discretion without prior notice.
Access and Use of Website and its Contents
The information contained in this Website is intended for general information purposes only and is provided to you free of charge on an ‘as is’, ‘as available’ basis, without any express or implied warranties or guarantees of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose unless explicitly stated. While HSH will make all commercially reasonable efforts to ensure that the information contained in this Website is correct at the time of inclusion, it is not liable for any loss or damage howsoever arising from or in connection with the content or use of any web pages or any messages sent or received by you.
Furthermore, HSH cannot guarantee the continuous, uninterrupted or error-free operability of this Website. HSH is not responsible for the HSH will not be liable for any interruption, interception, suspension, delay, loss, unavailability, modification or other failure in making this Website available (or any specific feature, part or content), including but not limited to any such failure caused by any acts, omissions or circumstances beyond its reasonable control, such as any computer, telecommunication, electrical or network failure.
HSH expressly disclaim any warranties, whether express or implied, that this Website will be safe, reliable or free from viruses and/or other harmful code. You are responsible for implementing your own information technology security measures, such as anti-virus software and other security checks, to meet your specific security needs. HSH will not be liable for any loss or damage howsoever arising from or in connection with your access to or use of this Website, including damage to your device or loss of data.
All copyright, trademarks and other intellectual property rights in this Website and its contents (including any text, images, software, videos, sounds or logos) are and remain vested in HSH, its subsidiaries and/or affiliates. HSH, its subsidiaries and/or affiliates retain all right, title and interest in and to the site and its contents and any modifications and updates thereto. You agree and acknowledge that you have no rights (whether express or implied) in the website or any of its contents other than the limited right to use the website as expressly provided in these Terms. You are permitted to print or download information and content from this Website for your own personal use, however, you acknowledge that you do not acquire any rights, interest or title by doing so. You may not sell, offer for sale, reproduce, distribute, display, modify, publicly perform, disassemble, reverse engineer, decompile, create derivative works based on, repost or otherwise use for any public or commercial purpose over any medium any part of this Website or its content without prior written consent of HSH, its subsidiaries and/or affiliates, as applicable. You agree not to incorporate any part of this Website into another website unless you have prior written consent from HSH.
This Website shall not be used for any illegal purposes. You shall not use, send or copy this Website in a defamatory or obscene way, or in a way which is abusive, indecent or in breach of the privacy of any person. You also agree not to send any unsolicited promotional or advertising material, or a large amount of messages which may interfere with this Website’s operation.
HSH reserves the right, at any time, without notice and without liability to any party, to modify, enhance, change, suspend or discontinue any part of or this entire website or certain features, parts or content, and to restrict or prohibit access to or otherwise make unavailable (whether on a scheduled or unscheduled basis) the entire website or certain features, parts or content.
If you breach any of these Terms, HSH may suspend or block your access to this Website or parts thereof at any time without prior notice.
Privacy
HSH may collect and process personal data of individuals in connection with the provision of this Website. All personal data will be processed in accordance with the Data Privacy & Security Policy.
Liability
To the maximum extent permitted by applicable laws, the total aggregate liability of HSH to you, whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of these Terms, shall be limited to HK$1,000 or the amount of relevant consideration between you and HSH, whichever is less.
To the maximum extent permitted by applicable laws, in no event shall HSH be liable for any damages whatsoever (including, without limitation, for loss of profits, business interruption, loss of information, loss of goodwill, lost opportunity or business, indirect, consequential or punitive damages) arising out of the use of or inability to use this Website, even if HSH has been advised of the possibility of such damages.
Notwithstanding the above, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
You agree to defend, indemnify, hold harmless and keep indemnified HSH and their officers, directors, employees, subsidiaries, affiliates and agents, from and against any claim, demand, liability, loss, damage, cost or expense (including without limitation reasonable legal and accounting fees) arising out of or related to your failure to comply with these Terms or your violation of any applicable laws or regulations.
General Terms of Use
These Terms and the content of this Website are governed by the laws of Hong Kong SAR. Any dispute or claim arising out of or relating to these Terms and this Website shall be submitted to the exclusive jurisdiction of the courts of Hong Kong.
No provision of these Terms creates a partnership between the parties or makes a party the agent of the other party for any purpose. A party has no authority to bind, to contract in the name of, or to create a liability for the other party in any way or for any purpose.
No failure or delay in enforcing any provision of these Terms will be construed to be a waiver of any rights or remedies under that provision. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other rights or remedies.
If any provision of these Terms is or becomes illegal, invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it legal, valid and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect or impair the legality, validity or enforceability of any other provision of these Terms.
Except as otherwise provided in these Terms, a person who is not a party to these Terms has no right to enforce or enjoy the benefit of these Terms. The rights of the parties to terminate, rescind or vary these Terms at any time are not subject to the consent of any person who is not a party to these Terms.
These Terms are drafted in the English language. If these Terms are translated into any language other than English, the English version shall prevail to the extent of any inconsistency.
If you have any questions or comments about these Terms, please contact us at legal@peninsula.com.
U.S. Disputes Addendum
Dispute Resolution and Arbitration; Mass Arbitration; Class Action Waiver.
This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act, and you and HSH each agree that this section is intended to satisfy the “writing” requirement of the Federal Arbitration Act.
THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A PRE-DISPUTE RESOLUTION PROCESS, BINDING ARBITRATION PROVISION, MASS ARBITRATION PROVISION, AND A CLASS-ACTION AND JURY TRIAL WAIVER.
To the fullest extent permitted by law, by using the Website, you and HSH agree that if a dispute arises between you and HSH relating in any way to the Website or your use thereof, including common law or statutory claims, the dispute will be resolved in accordance with the provisions set forth in this section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND HSH HAVE AGAINST EACH OTHER ARE RESOLVED. You and HSH agree that any and all disputes or claims that have arisen or may arise between you and HSH in connection with the Website, including any products or services offered or sold on the Website and your use of the Website, shall be resolved exclusively through confidential, final, and binding arbitration; provided that either party may file suit in court seeking to enjoin infringement, misappropriation, or misuse of its intellectual property rights. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
Opt-out
You may elect to opt-out (exclude yourself) from the pre-arbitration dispute resolution, final, binding arbitration procedure, mass arbitration procedure, and waiver of class and representative proceedings specified in these Terms by sending a written letter to HSH at The Hongkong and Shanghai Hotels, Limited, 8/F St. George’s Building, 2 Ice House Street, Central, Hong Kong SAR (the “Notice Address”), within thirty (30) calendar days of your initial agreement to these Terms. The letter must be signed personally by you or your legal guardian and specify: (1) your first and last name; (2) your mailing address; (3) your email address; and (4) your request to be excluded from the final, binding arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.
Pre-Arbitration Dispute Resolution
You and HSH agree that whenever you or HSH have a disagreement (“Dispute”) with the other arising out of, connected to, or in any way related to the Website that is subject to the arbitration provision herein, you and HSH will first send a written notice to the other party (a “Demand”). You and HSH agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the Notice Address. HSH must send the Demand to you via certified mail to the most recent address HSH has on file for you (or by email if HSH only has an email address for you on file). A Demand (1) shall seek to resolve a Dispute only on an individual basis; (2) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (3) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (4) shall be personally signed by the individual claimant or for HSH by its authorized representative (and not only their counsel). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and HSH will personally attend (with counsel, if represented). You and HSH agree that you and HSH will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve Disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit or arbitration if these requirements have not been met.
Arbitration Procedure
If the Dispute stated in the Demand is not resolved to your or HSH’s satisfaction within ten (10) business days after the conference described above (or within ten (10) business days after the time when such a conference may be requested if no conference has been requested), and you intend on taking legal action, you agree that you will file a demand for arbitration with JAMS. The arbitration will be conducted under JAMS’s Comprehensive Rules & Procedures, including the JAMS's Consumer Rules (as applicable), as modified by this Agreement to Arbitrate. The JAMS’s rules and a form for initiating arbitration proceedings are available on the JAMS’s website at: https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable, except that a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration if the Pre-Arbitration Dispute Resolution requirements set forth above have not been met.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is US$10,000 or less, either you or HSH may elect to have the arbitration conducted by telephone and/or video conference or based solely on written submissions, which election shall be binding on the other party subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone and/or video conference, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of Hong Kong, including recognized principles of equity, and will honor all claims of privilege recognized by law.
The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by JAMS’s rules.
Class Action Waiver
You and HSH agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and HSH agree otherwise or the Mass Arbitration provisions set forth below are triggered, the arbitrator may not consolidate or join more than one person’s or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect any other person or party. You and HSH further agree that in the event this arbitration agreement is held to be unenforceable for any reason, the prohibitions on class and representative actions and non-individualized relief set forth in this paragraph are severable and shall apply to any claim between you and HSH in any forum. YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS AND REPRESENTATIVE ACTIONS.
Mass Arbitration
If, at any time, 25 or more claimants (including you) submit Demands or seek to file demands for arbitration raising similar claims against HSH, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in National Arbitration & Mediation’s (“NAM”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM’s Mass Filing Rules”) (available at https://www.namadr.com/resources/rules-fees-forms/), you and HSH agree that JAMS shall not serve as arbitrator and that instead NAM shall administer any Mass Filing claims and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply as modified below. The parties agree to the appointment of a Procedural Arbitrator pursuant to NAM’s Mass Filing Rules, and additionally agree that the Procedural Arbitrator will have the authority to determine jurisdiction and arbitrability including, but not limited to, any issue regarding the validity, existence, formation or scope of the agreement under which Arbitration is being sought, and the proper parties to the Arbitration. You agree that throughout this process, the parties’ counsels shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. You acknowledge and agree that your election to participate in a Mass Filing may result in a delay in the adjudication of your dispute with HSH. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth below.
Stage One: Counsel for the claimants and counsel for HSH shall each select 15 claims per side (30 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and HSH will pay the mediator’s fee.
Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for HSH shall each select 20 claims per side (40 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and HSH will pay the mediator’s fee.
If your claim is not resolved as part of the staged process identified above, either:
Option One: You and we may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Terms. You may opt out of arbitration by sending us your individual, personally signed notice of your intention to opt out by certified mail addressed to the Notice Address. Such an opt-out notice must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage Two or the elective mediation associated with Stage Two. We may opt your claim out of arbitration by sending an individual, personally signed notice of our intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsels for the parties may agree to adjust these deadlines.
OR
Option Two: If neither you nor we elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 100, then 100 claims shall be randomly selected (or selected through a process agreed to by counsels for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 100, then all of those claims will be filed and proceed in individual arbitrations. Any remaining claims will not be filed or be deemed filed in arbitration, nor will any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 100 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsels for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as such term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.
You and HSH agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and HSH acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. If any part of this Mass Arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the NAM rules, then the balance of this Mass Arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein unless the lack of such provision would lead this Mass Arbitration provision to fail of its essential purpose.
A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim will proceed before JAMS pursuant to the JAMS Mass Arbitration Procedures and Guidelines (available at https://www.jamsadr.com/mass-arbitration-procedures). If a court of competent jurisdiction also determines that the JAMS Mass Arbitration Procedures and Guidelines are not enforceable as to your Claim, then the remaining Claims shall be subject to Option One or Option Two above as selected by you or us.