Terms and conditions for accommodation contracs


(Scope of application)

Article 1-1

Contracts for accommodation and related agreements to be entered into between this hotel and the guest to be accommodated shall be subject to these terms and conditions.

Any particulars not provided for herein shall be governed by laws and regulations and/ or generally accepted practices.

Article 1-2

Should the hotel enter into a special contract with the guests, insofar as such special contract does not violate laws and regulations and generally accepted practices, the special contract shall take precedence over the provisions of these terms and conditions.

(Application for accommodation contracts)

Article 2-1

A guest who intends to make an application for an accommodation contract with the hotel shall notify the hotel of the following particulars:

(1)  Name of guest(s);

(2)  Dates of accommodation and estimated time of arrival;

(3)  Accommodation charges (based, in principle, on the basic accommodation charges listed in the attached table no.1); and

(4)  Other particulars deemed necessary by the hotel.

Article 2-2

Should a guest request, during his or her stay, extension of the accommodation beyond the date in subparagraph (2) of preceding paragraph, it shall be regarded as an application for a new accommodation contract at the time such request is made.

(Conclusion of accommodation contracts etc.)

Article 3-1

A contract for an accommodation shall be deemed to have been concluded when the Hotel has duly accepted the application as stipulated in the preceding article. However the same shall not apply where it has been proved that the hotel has not accepted the application.

Article 3-2

When a contract for accommodation has been concluded in accordance with the provisions of the preceding paragraph, the guest is requested to pay an accommodation deposit, fixed by the hotel, within the limits of basic accommodation charges covering the guest’s entire period of stay(3 days when the period of stay exceeds 3 days) by the date specified by the hotel.

Article 3-3

The deposit shall be first used for the total accommodation charges to be paid by the guest, then secondly for the cancellation charges under article 6 and thirdly for the reparations under article 18 as applicable, and the remainder, if any, shall be refunded at the time of the payment of the accommodation charges as stated in article 12.

Article 3-4

When the guest has failed to pay the deposit by the date as stipulated in paragraph 2, the hotel shall treat the accommodation contract as invalid. However, the same shall apply only in the case where the guest is thus informed by the hotel when the period of payment of the deposit is specified.

(Special contracts requiring no accommodation deposit)

Article 4-1

Notwithstanding the provisions of paragraph 2 of the preceding article, the hotel may enter into a special contract requiring no accommodation deposit after the contract has been concluded as stipulated in the same paragraph.

Article 4-2

Should the hotel not have requested the payment of a deposit as stipulated in paragraph 2 of the preceding article and / or has not specified the date of the payment of deposit at the time the application for an accommodation contract has been accepted, it shall be treated as if the hotel has accepted a special contract as prescribed in the preceding paragraph.

(Refusal to conclude an accommodation agreement)

Article 5-1

The hotel may refuse to conclude an accommodation agreement if any of the following cases:

(1)   The request for accommodation is not based on the terms of agreement.

(2)   The hotel is fully occupied and so cannot comply with the request for accommodation.

(3)   The person requiring accommodation is clearly recognized to be infected with an infectious disease.

(4)   The hotel has sufficient reason to suspect that the person requesting accommodation may use accommodation for gambling or other illegal purpose, or otherwise to violate public morals.

(5)   The person requesting accommodation is extremely intoxicated or is otherwise to likely to disturb other guests.

(6)   The person requesting accommodation is clearly recognized to be unable to pay for the accommodation.

(7)   The person requesting accommodation is behaving suspiciously.

(8)   The person requesting accommodation belongs to an antisocial force, such as an organized crime group or an organization affiliated with an organized crime group.

(9)   The person requesting accommodation belongs to a corporation managed or supported by an organized crime group or its member(s).

(10) The person requesting accommodation belongs to a corporation of which directors is a member of an organized crime group.

(11) The person requesting accommodation has caused significant disturbance, in speech or conduct, to other guests.

(12) The person requesting accommodation has used violence to make a demand on the hotel or its employee(s), or has otherwise made a demand beyond the scope of reasonably acceptable burden on the hotel or its employee(s).

(13) The hotel is unable to accommodate the person requesting accommodation due to disaster, failure of facilities or other unavoidable reason.

(Right to cancel accommodation contracts by the guest)

Article 6-1

The guest is entitled to cancel the accommodation contract by so notifying the hotel.

Article 6-2

Should the guest cancel the accommodation contract in whole or in part due to causes for which the guest liable (except in the case when the hotel has requested the payment of the deposit during the specified period as prescribed in paragraph 2 of article 3 and the guest has cancelled before payment), the guest shall pay cancellation charges as listed in the table no.2. However, should a special contract, as prescribed in paragraph 1 of article 4 be in effect, the same shall apply only when the guest is informed of the obligation for payment of the cancellation charges in case of cancellation by the guest.

Article 6-3

In the case when the guest does not appear by 8 p.m. of the accommodation date (2 hour after the expected time of arrival if the hotel has been notified) without an advance notice, the hotel may regard the accommodation contract as being cancelled by the guest.

(The hotel’s right of cancellation of agreement)

Article 7-1

The hotel may cancel an accommodation contract if any of the following cases:

(1)  The guest in question is found to be infected with an infectious disease.

(2)  The guest in question has used the accommodation for gambling or other illegal purpose, or otherwise to violate public morals.

(3)  The guest in question is extremely intoxicated, dancing or singing loudly, playing loud music or otherwise disturbing other guests.

(4)  The guest in question is recognized to be unable to pay.

(5)  The guest in question is behaving suspiciously.

(6)  The guest in question is found to be or belong to an antisocial force, such as organized crime group or an organization affiliated with an organized crime group.

(7)  The guest in question is found to belong to a corporation managed or supported by an organized crime group or its member(s).

(8)  The guest in question is found to belong to a corporation of which director is member of an organized crime group.

(9)  The guest in question has caused significant disturbance to other guests, as described in Item (2) or (3) above, or otherwise.

(10)    The guest in question has used violence to make a demand on the hotel or its employee(s), or has otherwise made a demand beyond the scope of reasonably acceptable burden on the hotel or its employee(s).

(11)    The guest in question has smoked in bed, tampered with the fire prevention facilities, or otherwise violated the regulations of use stipulated by the hotel (limited to those required for fire prevention).

(12)    The hotel is unable to continue to accommodate the guest in question due to disaster, failure of facilities or other unavoidable reason.

Article 7-2

In the event that the hotel cancels the accommodation agreement based on any of the above items, the guest in question shall not be liable for payment for any accommodation services not yet delivered.

(Registration)

Article 8-1

The guest shall register the following particulars at the front desk of the hotel on the day of accommodation:

(1)  Name, age, sex, address and occupation.

(2)  Except Japanese, nationality, passport number, port and date of entry in to Japan.

(3)  Date and estimated time of departure.

(4)  Other particulars deemed necessary by the hotel.

Article 8-2

Should the guest intend to pay his / or her accommodation charges prescribed in article 12 by any means other than Japanese currency, such as coupons or credit card, these methods of payment shall be shown in advance at the time of the registration prescribed in the preceding paragraph.

(Occupancy hours of guestrooms)

Article 9-1

The guest is entitled to occupy the contracted guestroom of the hotel from 2p.m. to 11a.m of the next day. However, in the case when the guest is accommodated continuously, the guest may occupy it all day long, except for the days of arrival and departure.

Article 9-2

The hotel may, notwithstanding the provisions prescribed in the preceding paragraph, permit the guest to occupy the room beyond the time prescribed in the same paragraph.

In this case, extra charges shall be paid as follows:

(1)  Up to 3p.m.   30% of the room charge

(2)  Up to 5p.m.   50% of the room charge

(3)  After 5p.m.  100% of the room charge

(Observance of the regulations)

Article 10-1

The guest shall observe the rules and regulations established by the hotel, which are posted within the premises of the hotel.

(Business hours)

Article 11-1

The business hour of the main facilities, etc. of the hotel are as follows, and those of other facilities, etc. shall be notified in detail by brochures as provided, notices displayed in each place and others.

(1) Front desk and cashier service hours

(a) Door closing time( 1F front entrance ) None

(b) Front desk   24 hours

(c) Cashier       24 hours

(2) Restaurants service hours

Italian restaurant

「Bella rossa daniel’s」(1F)
7:00a.m. ~  9:30a.m.

9:30a.m. ~ 11:00a.m.

11:00a.m.~ 14:00p.m.

14:00p.m.~ 18:00p.m.

18:00p.m.~ 23:00p.m.    Last order can be taken until 22:00p.m.

Japanese restaurant

「Tyouji ya」(B1)
7:00a.m. ~ 9:30a.m.

11:30a.m.~15:00p.m.

17:30p.m.~24:00p.m.    Last order can be taken until 22:30p.m.

※ Sundays & National holidays    17:30p.m. ~22:00p.m.
Last order can be taken until 21:00p.m.

Article 11-2

The business hours specified in the preceding paragraph are subject to temporary changes due to unavoidable causes. In such a case, the guest shall be informed by appropriate means.

(Payment of accommodation charges)

Article 12-1

The breakdown and method of calculation of the accommodation charges, etc. that the guest shall pay is as listed in the attached table no.1.

Article 12-2

Accommodation charges, etc. as stated in the preceding paragraph shall be paid in Japanese currency or by other means such as coupons or credit card recognized by the hotel at front desk at the time of departure of the guest or upon request by the hotel.

Article 12-3

Accommodation charges shall be paid even if the guest chooses not to utilize the accommodation facilities provided for him/ or her by the hotel and at his/ or her disposal.

(Liabilities of the hotel)

Article 13-1

The hotel shall compensate the guest for damages if the hotel has caused the guest to incur such damages through the fulfillment or the non-fulfillment of accommodation contract and / or related agreements. However, the same shall not apply in cases when such damages have been caused as the result of reasons for which the hotel is not liable.

Article 13-2

Although the hotel has received the“Pass Mark”(certificate of excellence of fire prevention standards issued by the fire station), the hotel is covered by hotel liability insurance in order to deal with unexpected fires and / or other disasters.

(Handing when unable to provide contracted rooms)

Article 14-1

The hotel shall, when unable to provide contracted rooms, arrange accommodation of the same standard elsewhere for the guest insofar as practicable with the consent of the guest.

Article 14-2

When arrangement for other accommodation cannot be made, notwithstanding the provisions of the preceding paragraph, the hotel shall pay the guest a compensation fee equivalent to the cancellation charges and the compensation fee shall be applied to the reparations. However, when the hotel cannot provide accommodation due to causes for which the hotel is not liable, the hotel shall not be liable to compensate the guest.

(Handing of deposited articles)

Article 15-1

The hotel shall compensate the guest for the damage when loss, breakage or other damage is caused to the goods, cash or valuables deposited at the front desk by the guest, except in the case when this has occurred due to causes of force majeure. However, for cash and valuables, when the guest has failed to report its kind and value to the hotel, the hotel shall compensate the guest within the limits of 150,000 yen.

Article 15-2

The hotel shall not compensate the guest for the damage when loss, breakage or other damage is caused through intention or negligence on the part of the hotel, to the goods, cash or valuables which are brought into the premises of the hotel by the guest but are not deposited at the front desk.

(Governing stored articles)

Article16-1

A contract shall come into effect from the date on which the hotel accepts the article to be stored to the date at which the hotel determines it has been reclaimed. The date which the hotel determines the article has been reclaimed shall be one month from the date at which the hotel receives the article to be stored.

Article16-2

The stored articles may only be reclaimed by the depositor of article or an authorized third party.

Article16-3

When the person reclaiming or the authorized third party reclaims the stored article, the hotel staff shall take considerable care with responsibility to confirm the identity of the receiver and return the stored articles. In this case, the hotel shall not be liable for the stored articles.

Article16-4

The hotel shall not be liable for loss, damage, deformation, or any other causes which are force majeure.

Article16-5

When the hotel or the third party incur damages due to breakage, deformation, or any other causes which is the responsibility of the person requesting the storage of the article, the person storing the article shall compensate for damages incurred.

Article16-6

If the person strong the article does not reclaim it within one week after the term of the contract ends, the hotel may deal with the article in any way which the hotel deems appropriate, may take the article and keep it separately, may sell it by a method, at a time and at a price it deems proper, or may discard it if considered unsalable.

(Custody of baggage and/or belongings of the guest)

Article 17-1

When the baggage of a guest is brought into the hotel before his/or her arrival, the hotel shall be liable for it only in the event such a request has been accepted by the hotel. The baggage shall be handed over to the guest at the front desk at the time of his/or her check-in.

Article 17-2

When the baggage or belongings of the guest are found left after his/or her check-out, and the ownership of the article is confirmed , the hotel shall inform the owner of the article left and ask for further instructions. When no instruction is given to the hotel by the owner or when the ownership is not confirmed, the hotel shall keep the article the 7 days, including the day it is found, and after this period the hotel shall turn it over the nearest police station.

(When the foods, beverages and magazines of the guest are found left after his/ or her check-out, they shall be disposed on the day it is found.)

Article 17-3

The hotel’s liability in regard to custody of a guest’s baggage and belongings in the case of preceding two paragraphs shall be assumed in accordance with the provision of paragraph 1 of article 15 in case of paragraph 1, and with the provisions of paragraph 2 of the same article in the case of paragraph 2.

(Liability in regard to parking)

Article 18

The hotel shall not be liable for the custody of the vehicle of the guest when the guest utilizes the parking lot within the premises of the hotel, as it shall be regarded that the hotel simply offers the space for parking, whether the key of the vehicle has been deposited to the hotel or not. However, the hotel shall compensate the guest for the damage caused through intention or negligence on the part of hotel in regard to management of the parking lot.

(Liability of the guest)

Article 19

The guest shall compensate the hotel for the damage caused through intention or negligence on the part of the guest.

(Dominant language)

Article 20

This contract is written in both Japanese and English. However, if there are discrepancies of differences between the Japanese-and English-language contracts, the Japanese shall take precedence in all cases.

(Jurisdiction and proper law)

Article 21

All problems arising from this contract shall be resolved in accordance with Japanese law at court with jurisdiction in the area in which the hotel located.

Attached table No.1

Table of charges for accommodation and miscellaneous expenses.

【Regarding item 1 of article 2 and item 1 of article 12】

Total amount to be paid by the guest【 (1) + (2) + (3) 】 Accommodation charges(1)
①Basic accommodation charges (room charge or room charge +
breakfast charge[when included in the basic room charge]
②Service charge[①×10%]
Additional charges(2)
③Food and beverage charges (excluding meals included in the basic
accommodation charges) and other miscellaneous charges
④Service charge[③×10%]
Taxes(3)
⑤Consumption tax

Notes:

In the event the relevant tax laws are modified. The latest modified version shall be applicable to all charges listed above.

Attached table No.2

Cancellation charges

【Regarding item 2 of article 6】

Date of notification of contract cancellationContracted number of  guests Non-appearance Accommodation day 1 day prior to accommodation day 9 days prior to accommodation day
Individuals 1 to 14 100% 80% 20%
Group 15 and over 100% 80% 20% 10%

Notes:

1.   The percentage signifies the rate of cancellation charge to the basic accommodation charges.

2.   When the number of days contracted is shortened, a cancellation for the first day shall be paid by the guest regardless of the number of days shortened.

3.   When part of a group booking(for 15 persons or more)is cancelled, the cancellation charge shall not be charged for the number of persons equivalent to 10% of the number of persons booked as of 10 days prior to the occupancy (when accepted less than 10days prior to the occupancy, as of date) with fractions counted as whole numbers.