TERMS AND CONDITIONS FOR ACCOMMODATION CONTRACTS
Article 1. Scope of Application
- Contract 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.
- In the case where the Hotel has entered into a special contract with the Guest insofar as such special contract does not violate laws and regulation and generally accepted practices, notwithstanding the preceding paragraph, the special contract shall take precedence over the provisions of these Terms and Conditions.
Article 2. Application for Accommodation Contracts
- A Guest who intends to make an application for an Accommodation Contract with the Hotel shall notify the hotel of the following particulars:
- Name of the Guest(s):
- Date of accommodation and estimated time of arrival:
- Accommodation Charges(based, in principle, on the Basic Accommodation Charges listed in the Attached table No.1):
- Other particulars deemed necessary by the Hotel.
- In the case where the Guest requests, during his / her stay, extention of the accommodation beyond the date in subparagraph (2) of the preceding paragraph, it shall be regarded as an application for a new Accommodation Contract at the time such request made.
Article 3. Conclusion of Accommodation Contracts, etc.
- A Contract for 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 when it has been proved that the Hotel has not accepted the application.
- 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(an equivalent of three day Accommodation Charges)by the date specified by the Hotel.
- 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.
- 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.
Article 4. Special Contracts Requiring No Accommodation Deposit
- Notwithstanding the provisions of Paragraph 2 of Article 3,the Hotel may enter into a special contract requiring no accommodation deposit after the contract has been concluded as stipulated in the same paragraph.
- In the case where the Hotel has not requested the payment of the deposit as stipulated in Paragraph 2 of preceding Article and / or has not specified the date of the payment of the deposit as the time the application for an Accommodation Contract has been accepted, it shall be treated as that the Hotel has accepted a special contract prescribed in the preceding paragraph.
Article 5. Refusal of Accommodation Contracts
- The Hotel may not accept the conclusion of an Accommodation Contract under any of the following cases:
- When the application for accommodation does not conform with the provisions of these Terms and Conditions;
- When the Hotel is fully booked and no room is available;
- When the Guest seeking accommodation is deemed liable to conduct himself / herself in a manner that will contravene the laws or act against the public order or good morals in regard to his accommodation;
- When the Guest seeking accommodation can be clearly detected as carrying an infectious disease;
- When the Guest seeking accommodation has requested the Hotel to assume an unreasonable burden;
- When the Hotel is unable to provide accommodation due to natural calamities and / or other causes of force majeure;
- When the parson behaves in a manner which gives disturbance to other guests(The MIYAGI Ordinance Article 8.).
- The Hotel will not conclude on Accommodation Contract under any of the following cases and in the case when it judges their applications.
- When the Guest seeking accommodation is a member of an organized crime group designated under “the Law on the Prevention of irregularities by Gangsters” or any person related to such a gang or any other anti-social forces;
- When the Guest seeking accommodation is corporate entity or other group, the business activities of which are controlled by an organized crime group or such a gang;
- When the Guest seeking accommodation has demanded, to accommodation facilities or accommodation facilities staff(employees), overbearing unjust acts such as violence, threat or blackmail, or has requested the Hotel to assume an unreasonable burden, or proven to have conducted himself / herself in a similar in the past;
Article 6. Right to Cancel Accommodation Contracts by the Guest
- The Guest is entitled to cancel the Accommodation Contract by so notifying the Hotel.
- In the case where the Guest has cancelled the Accommodation Contract in whole or in part due to causes for which the Guest is 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 Article3 and the Guest has cancelled before the payment), the Guest shall pay cancellation charges as listed in the Attached table No.2.However, in the case when a special contract as prescribed in Paragraph 1 of Article 4 has been concluded, the same shall apply only when the Guest is informed of the obligation of the payment of the cancellation charges in case of cancellation by the Guest.
- In the case where the Guest does not appear by 8p.m. of the accommodation date(2hours after the expected time of arrival if the Hotel is notified of it) without an advance notice, the Hotel may regard the Accommodation contract as being cancelled by Guest.
Article 7. Right to Cancel Accommodation Contract by the Hotel
- Notwithstanding the provisions of Paragraph 1 of Article 3, the Hotel may cancel the accommodation Contract under any of the following cases.
- When the Guest seeking accommodation falls under any of the category of persons in Article 5,paragraph 3 to 7;
- When the Guest seeking accommodation is deemed liable to conduct himself / herself in a manner that will contravene the Article10;
- When the Hotel has a valid reason other than the above to cancel;
- Notwithstanding the provisions of Paragraph 1 of Article 3,the Hotel may cancel the Accommodation Contract when the Guest seeking accommodation is applicable Paragraph 2 of Article 5.
- In the case where the Hotel has cancelled the Accommodation Contract in accordance with the preceding Paragraph, the Hotel shall not be entitled to charge the Guest for any of the services in the future during the contractual period which he / she has not received.
Article 8. Registration
- The Guest shall register the following particulars at the front desk of the Hotel on the day of accommodation;
- Name, age, sex, address and occupation of the Guest(s);
- Except Japanese, nationality, passport number, port and date of entry in Japan;
- Date and estimated time of departure;
- Other particulars deemed necessary by the Hotel.
- In the case where the Guest intends to pay his Accommodation Charges prescribed in Article 12 by any means other than Japanese currency, such as traveler’s cheques, coupons or credit cards, these credentials shall be shown in advance at the time of the registration prescribed in the preceding paragraph.
Article 9. Occupancy Hours of Guest Rooms
- The Guest is entitled to occupy the contracted guest room of the Hotel from 3:00p.m to 10:00a.m the next day. However, in the case when the Guest is accommodated consecutively, the Guest may occupy it all day long, except for the days of arrival and departure.
- 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;
- Up to 3 hours: one third of the room charge
- Up to 6 hours: one half of the room charge
- More than 6 hours: room charge in full
- The extra charges in the preceding Paragraph shall be calculated from the room charge established by the Hotel in the case when the Guest stay at the all kind of the discounted room charge.
Article 10. Observance of House Regulations
- The Guest shall observe the House Regulations established by the Hotel, which are posted within the premises of the hotel.
Article 11. Business Hours
- The business hours of the facilities shall be notified in detail by brochures as provided, notices displayed in each place, service directories in guest rooms and others. The business hours specified in the preceding paragraph are subject to temporary changes due to unavoidable causes of the Hotel. In such a case, the Guest shall be informed by appropriate means.
Article 12. Payment of Accommodation Charges
- 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.
- Accommodation Charges, etc. as stated in the preceding paragraph shall be paid with Japanese currency or by any means other than Japanese currency such as traveler’s cheques, coupons or credit cards recognized by the Hotel at the front cashier’s desk at the time of the departure of the Guest or upon request by the Hotel.
- Accommodation Charges shall be paid even if the Guest voluntarily does not utilize the accommodation facilities provided for him by the Hotel and are at his disposal.
Article 13. Liabilities of the Hotel
- The Hotel shall compensate the Guest for the damage if the Hotel has caused such damage to the Guest in the fulfillment or the no fulfillment of the Accommodation Contract and / or related agreements. However, the same shall not apply in cases where such damage has been caused due to reasons for which the hotel is not liable.
- Hotel is covered by Hotel Liability Insurance in order to deal with unexpected fire and / or other disasters.
Articles 14. Handling When Unable to Provide Contracted Rooms
- 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.
- When arrangement of 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 reparation. However, when the Hotel cannot provide accommodation due to causes for which the Hotel is not liable, the Hotel shall not compensate the Guest.
Article 15. Handling of Deposited articles
- 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 front cashier’s desk by the Guest, except in the case when this has occurred due to causes of force majeure.
- The Hotel shall 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 cashier’s desk. However, for articles of which the kind and value has not been reported in advance by the Guest, the Hotel shall compensate the guest within the limits of 150,000 yen, except in case where loss or damage was caused intentionally or by gross negligence on the part of the Hotel.
Article 16. Custody of Baggage and / or Belongings of the Guest
- When the baggage of the Guest is brought into the Hotel before his arrival, the Hotel shall be liable to keep it only in the case when 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 check-in.
- When we find last baggage in our hotel, we will handle them property in accordance with the lost property Act and the Cabinet Order based on it.
- The Hotel’s liability in regard to the custody of the Guest’s baggage and belongings in the case of the preceding two paragraphs shall be assumed in accordance with the provisions of Paragraph 1, and with the provisions of Paragraph 2 of the same Article in the case of Paragraph 2.
Article 17. Liability in Regard to Parking
- 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 is 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 the Hotel in regard to the management of the parking lot.
Article 18. Liability of the Guest
- The Guest shall compensate the Hotel for the damage caused through intention or negligence on the part of the Guest.
Article 19. Waiver for Computer Communication Service
- Please be informed that we are not responsible for any possible damage that may be caused by a system failure or for other reasons while the computer communication services are being used. In addition, the guest may be required to compensate the Hotel and a third party for any possible damage caused by acts that we Judge to be an inappropriate use of our computer communication system.
Article 20. Governing Language
- These terms are provided in both Japanese and English. In case of a discrepancy between the Japanese and the English, the Japanese version will take precedence.
Article 21. Applicable law and jurisdiction
- These terms and conditions shall be governed by, construed and enforced in accordance with the laws of Japan. Any and all disputes arising here from or in connection herewith shall be exclusively submitted to and finally resolved by Japanese competent courts.
