Accommodation Agreement
Article 1 (Scope of Application)
- The accommodation contract and related contracts that this hotel concludes with the guest shall be governed by these terms and conditions, and any matters not stipulated in these terms and conditions shall be governed by laws and regulations or generally established customs.
- In the event that this hotel agrees to special terms and conditions to the extent that they do not contravene laws, regulations and customs, such special terms and conditions shall prevail notwithstanding the provisions of the preceding paragraph.
Article 2 (Application for Accommodation Contract)
- A person who wishes to apply for an accommodation contract with this hotel shall provide this hotel with the following information
- (1) Name of the guest
- (2) Date of stay and estimated time of arrival
- (3) Accommodation charge (in principle, based on the basic accommodation charge shown in Attached Table 1)
- (4) Other matters deemed necessary by this hotel.
- In the event of any change to the information provided to this hotel in accordance with the preceding paragraph, the guest shall promptly notify this hotel of the changed information.
- In the event that a guest requests the continuation of his/her stay beyond the date of stay set forth in the preceding two paragraphs (2) during his/her stay, this hotel shall consider a new accommodation contract to have been made at the time the request is made.
Article 3 (Formation of Accommodation Contract, etc.)
- A lodging contract shall be deemed to be formed when this hotel accepts the application as described in the preceding article. However, this shall not apply when this hotel proves that it has not accepted the application.
- When an accommodation contract is concluded in accordance with the preceding paragraph, the accommodation charge for the entire stay period related to the said accommodation contract shall be paid before the start of the stay or by the date designated by this hotel.
- If any of the following events occur, this hotel may treat the application of the guest as if the guest had made an application even though he/she does not actually intend to stay at the hotel, and the accommodation contract shall cease to be effective.
- (1) In the event that the accommodation charge set forth in the preceding paragraph is not paid prior to the start of the stay or by the date designated by this hotel in accordance with the provisions of the same paragraph.
- (2) When the hotel cannot be contacted within ten (10) days from the date of the first contact (or by 3:00 p.m. on the day of the stay if the number of days until the day of the stay is less than ten (10) days), even if the hotel tries to contact the address provided in Paragraph 1 of the preceding article.
- (3) When the guest refuses to be contacted by this hotel.
- In the case of (2) and (3) above, the hotel will not refund the accommodation charge already received.
Article 4 (Special Provisions Not Requiring Payment of the Application Fee)
- Notwithstanding the provisions of paragraph 2 of the preceding article, this hotel may accept a special agreement not to require payment of the application fee as specified in the same paragraph after the conclusion of the contract.
- When this hotel does not require payment of the application in Paragraph 2 of the preceding article or does not specify the date of payment of the application fee when accepting an application for a lodging contract, the hotel shall be treated as having accepted the special agreement set forth in the preceding paragraph.
Article 5 (Refusal to Conclude Accommodation Contract)
This hotel may refuse to conclude a lodging contract in the following cases
- (1) When the application for accommodation does not comply with these Conditions.
- (2) When the hotel is full
- (3) When there are reasons equivalent to the above, such as the occurrence of a disaster or other emergency situation, and it is actually expected that rooms should be provided on a priority basis for disaster victims and those in charge of disaster recovery.
- (4) When the person who intends to stay at the hotel is a member of or related to a crime syndicate, a crime syndicate, a crime syndicate related organization, or any other antisocial force as defined in the Law Concerning Prevention of Unjust Acts by Members of Crime Syndicates and Prefectural Ordinances Concerning Elimination of Crime Syndicates.
- (5) When it is recognized that the person who intends to stay at the hotel is likely to commit an act that is contrary to the provisions of laws and regulations, public order, or good manners and customs.
- (6) When it is clearly recognized that the person who intends to stay at the hotel is a person with a contagious disease.
- (7) In the event that the guest is asked to bear a burden in excess of that required by socially accepted standards.
- (8) When the hotel is unable to accommodate the guest due to a natural disaster, breakdown of the facilities, or other unavoidable circumstances.
- (9) When a person who intends to stay at the hotel is a drunken person, etc. and is likely to cause trouble to other guests or interfere with the operation of this hotel, or when the person says or does something that causes trouble to other guests or employees of this hotel.
- (10) When a person who intends to stay at the hotel is clearly in a state of mental or physical discomfort.
- (11) When only minors stay at the hotel without the permission of a guardian.
- (12) When an application for accommodation is made with the intention of transferring the right to stay to another person.
- (13) When a person applies for accommodation even though he/she does not intend to stay at the hotel.
- (14) When there are other cases in which the hotel may refuse to accommodate the guest as stipulated by laws and regulations or prefectural ordinances.
Article 6 (Customer’s Right to Cancel Contract)
- (1) The guest may cancel the accommodation contract by making a request to this hotel.
- (2) In the event that the guest cancels the accommodation contract in whole or in part for reasons attributable to the guest (except in the event that the guest cancels the accommodation contract prior to the date of payment of the application fee, which has been specified by this hotel in accordance with the provisions of Paragraph 2 of Article 3), this hotel shall notify the guest of the following However, in the event that this hotel cancels the accommodation contract in accordance with the provisions of Article 4, Paragraph 1, the hotel shall charge a penalty fee in accordance with the provisions of Appended Table 2. In the event that the customer cancels the accommodation contract before the payment of the penalty fee, the hotel shall charge the customer the penalty fee in accordance with Appendix 2, provided that the hotel has notified the customer of the obligation to pay the penalty fee in the event that the customer cancels the accommodation contract when the hotel complies with the special agreement in Paragraph 1 of Article 4.
- (3) If the guest does not arrive at 11:30 p.m. on the day of the accommodation without notifying the hotel (if the estimated time of arrival is clearly indicated, two hours after that time), the hotel may consider the accommodation contract to have been cancelled by the guest.
Article 7 (Our Hotel’s Right to Cancel the Contract)
- This hotel may cancel the accommodation contract in the following cases.
- (1) When the guest is a member of or related to a crime syndicate, a crime syndicate, a crime syndicate related organization, or any other antisocial force as defined in the Law Concerning Prevention of Unjust Acts by Organized Crime Groups and Prefectural Ordinances Concerning Elimination of Organized Crime Groups.
- (2) If the Guest commits or is likely to commit any of the following acts in the Hotel: assault, threats, extortion, unreasonable demands, gambling, possession or use of drugs, firearms, swords or similar items not permitted by law, acts that cause inconvenience to other guests, or any other acts contrary to law or public order and morals. (2) When the guest has a contagious disease.
- (3) When it is clearly recognized that the guest is a person with an infectious disease.
- (4) When the guest is requested to provide services or bear other burdens that are beyond the scope of what is reasonable under socially accepted standards.
- (5) When the hotel is unable to accommodate the guest due to a natural disaster, breakdown of the facilities, or other unavoidable reasons.
- (6) When a guest has committed an act that interferes with fire prevention or fire protection, such as smoking in the room or tampering with firefighting equipment.
- (7) When a guest has transferred or attempted to transfer the right to stay.
- (8) When the accommodation contract has been concluded through a travel agency and the payment of the accommodation fee from the travel agency has not been confirmed. The case where the payment of the accommodation charge has not been confirmed means that the payment has been made by bank transfer at the end of the counter business hours of the financial institution, or by bank transaction via the Internet regardless of the business hours of the financial institution, but the following day is a financial institution holiday and the fact of the transfer has not been confirmed on that day.
- (9) In the event that the Hotel is unable to confirm the fact of the transfer on the day of the transfer because the next day is a bank holiday.
- (10) In the event of violation of these General Terms and Conditions or the Hotel’s usage rules.
- (11) In other cases where the hotel may refuse to accommodate the guest as stipulated by laws and regulations or prefectural ordinances.
- The notice of cancellation pursuant to the preceding paragraph shall be given orally or by telephone, e-mail or in writing to the contact address of the guest who has requested it pursuant to Article 2. In addition, the Hotel may treat the notice as having arrived at the time when the period when it should have arrived normally has elapsed.
- When this hotel cancels the accommodation contract in accordance with the provisions of the preceding two paragraphs, the accommodation charge will not be refunded except in the case of paragraph 1 (3) and (5).
Article 8 (Registration of Accommodation)
- On the day of stay, the guest shall register the following information at the front desk of the hotel.
- (1) Name, age, gender, address and occupation of the guest
- (2) In the case of a foreigner, nationality, passport number, place of entry and date of entry
- (3) Departure date and scheduled departure time
- (4) Place of stay and destination
- (5) Other matters deemed necessary by the Hotel.
- In the event that the guest intends to pay the Charges set forth in Article 12 by a method that can be substituted for currency, such as a travel check, accommodation voucher, credit card, etc., the guest shall present such method in advance at the time of registration as set forth in the preceding paragraph.
Article 9 (Hours of Use of Rooms)
- The guest may use the room of the Hotel from the time of check-in to the time of check-out on the following day. However, in the case of consecutive stays, the guest may use the room for the entire day, except for the day of arrival and departure.
- Notwithstanding the provisions of the preceding paragraph, the hotel may accept the use of a guest room outside the hours specified in the same paragraph. In this case, an additional charge will be posted on the information tablet in the room.
Article 10 (Compliance with Usage Rules)
The guest shall comply with the rules of use established by the Hotel.
Article 11 (Business Hours)
- The hours of operation of the main facilities of the Hotel shall be posted on the bulletin boards throughout the Hotel or on the information tablets in the guest rooms.
- The hours mentioned in the preceding paragraph may be changed on a temporary basis when necessary or unavoidable. In such cases, we will notify you accordingly.
Article 12 (Payment of Charges)
- The breakdown of the accommodation charge, etc. to be paid by the guest and the method of calculation thereof shall be as shown in Attached Table 1.
- Payment of the accommodation charge, etc. shall be made at the time of check-in in currency or by a method that can be substituted for such payment, such as a travel check, accommodation coupon, or credit card, as approved by this hotel.
- In the event that the guest does not voluntarily stay at the hotel after the hotel has provided the guest with a room and the room is available for use, the guest shall still be charged the accommodation fee.
Article 13 (Responsibility of this hotel)
- In the event that this hotel causes damage to a guest due to non-performance of the accommodation contract or a related contract, or due to a tortious act, this hotel shall compensate for such damage only in the event that this hotel is willfully or grossly negligent.
- In order to cope with the damage mentioned in the preceding paragraph, the Hotel has taken out liability insurance for inns, but in the event that any of the grounds for exemption under the insurance contract apply, the damage suffered by the guest may not be covered.
Article 14 (Treatment in the event that the contracted room cannot be provided)
- In the event that this hotel is unable to provide the guest with the contracted room, this hotel shall, with the consent of the guest, arrange for other accommodations under the same conditions as much as possible.
- In the event that the hotel is unable to arrange for other accommodation notwithstanding the provisions of the preceding paragraph, the compensation fee equivalent to the penalty fee shall be applied to the amount of damages. However, if there is no reason attributable to this hotel for not being able to provide a room, no compensation fee shall be paid.
Article 15 (Handling of Deposited Items, etc.)
- In the event of loss, damage, etc., to articles, cash or valuables deposited by a guest at the front desk, the Hotel shall compensate for such damage, except in cases of force majeure. However, the Hotel shall not compensate for any loss or damage to cash or valuables if the Customer fails to declare the type and value of such items.
- The Hotel shall not be liable for any loss or damage to articles, cash or valuables brought into the Hotel by the Customer, unless the Customer has intentionally or grossly negligently left them at the front desk.
Article 16 (Custody of the Customer’s Baggage or Personal Belongings)
- In the event that the Customer’s baggage arrives at the Hotel prior to the stay, the Hotel shall take responsibility for its safekeeping only when the Hotel has agreed to do so prior to its arrival, and shall hand it over to the Customer when the Customer checks in at the front desk.
- In the event that a guest’s baggage or personal belongings are left unattended at the hotel after the guest has checked out, and the owner of the baggage or personal belongings is identified, the hotel shall contact the owner and request instructions from him/her. However, in the absence of the owner’s instructions, or if the owner cannot be identified, the hotel will keep the item for seven days including the day it was found, and then report it to the nearest police station.
- The Hotel’s responsibility for the safekeeping of the Customer’s baggage or personal belongings in the case of the preceding two paragraphs shall be in accordance with the provisions of paragraph 1 of the preceding Article in the case of paragraph 1, and in the case of the preceding paragraph, in accordance with the provisions of paragraph 2 of the same Article.
Article 17 (Responsibility for Parking)
When a guest uses the parking lot of the Hotel, regardless of whether the guest has deposited the keys of the vehicle, the Hotel shall lend the parking space and shall not be responsible for the management of the vehicle. However, the Hotel shall be liable for compensation in the event that damage is caused by the Hotel’s willful misconduct or negligence in managing the parking lot.
Article 18 (Responsibility of the guest)
In the event that the Hotel suffers damage due to the intentional or negligent act or omission of the Customer, the Customer shall compensate the Hotel for such damage.
Article 19 (Changes to these General Terms and Conditions and Rules of Use)
- These General Terms and Conditions and the Rules for Use (hereinafter referred to as the “General Terms and Conditions, etc.”) correspond to the standard terms and conditions stipulated in Article 548-2, Paragraph 1 of the Civil Code, and the Hotel may modify the General Terms and Conditions, etc. at its discretion in the following cases
- (1) When the amendment to these General Terms and Conditions is in the general interest of the guest.
- (2) The amendment to these General Terms and Conditions is not contrary to the purpose for which the contract was made, and is reasonable in light of the necessity of the amendment, the reasonableness of the content after the amendment, and other circumstances related to the amendment.
- In the event that the Hotel amends these General Terms and Conditions, etc. in accordance with the preceding paragraph, the Hotel shall post a notice of the amendment to these General Terms and Conditions, etc., the content of the amended General Terms and Conditions, and the effective date of the amendment on the Hotel’s designated website at least one month prior to the effective date, in lieu of individual notice and explanation.
- If the Guest uses the services of the Hotel based on the Terms and Conditions, etc. after the effective date of the amended Terms and Conditions, etc., the Guest shall be deemed to have agreed to the amendment of the Terms and Conditions, etc.
Article 20 (Jurisdiction and Governing Law, etc.)
- The Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction as the court of first instance over all disputes arising in connection with the accommodation contract between the guest and this hotel.
- The accommodation contract between the guest and this hotel shall be governed by and construed in accordance with the laws of Japan.
- In the event that the Terms and Conditions of Accommodation are prepared in more than one language, and there is any discrepancy, inconsistency or other discrepancy between the descriptions in the Terms and Conditions of Accommodation, the description in the Japanese version of the Terms and Conditions of Accommodation shall prevail.
Attached Table 1 Breakdown of Room Rates, etc. (related to Article 2, Paragraph 1 and Article 12, Paragraph 1)
Breakdown | ||
---|---|---|
Total amount to be paid | Room rates | (i) Basic accommodation charge (room charge (and room charge + food and boverage charge such as breakfast)) |
Additional charges | (ii) Additional food and beverage (excluding those included in (i)) and usage fees for incidental facilities (iii) Other service charges as determined by the facility |
|
Taxes | Consumption tax Host spring tax (hot spring resort only) Lodging tax (applicable to spa areas only) |
Remarks The basic accommodation charge is in accordance with the rate table presented at the front desk and in the brochure.
Appendix Table 2: Penalties (related to Article 6)
Number of Passengers | 6 days prior | The day before | On the day | No-show |
---|---|---|---|---|
1~6 | 20% | 80% | 100% | |
7~10 | 50% | 100% | 100% | |
11~42 | 50% | 80% | 100% | 100% |
(Notes) 1. The percentage is the ratio of the penalty charge to the basic accommodation charge.
2. If the contracted number of days is shortened, the penalty fee for one day (the first day) will be collected regardless of the number of days shortened.