Scope of Application
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. And any particulars not provided for herein shall be governed by laws and regulations and generally accepted practices.
In the case when the Hotel has entered into a special contract with the Guest insofar as such special contract does not violate laws and regulations and generally accepted practices, not withstanding the preceding Paragraph, the special contract shall take precedence over the provisions of these Terms and Conditions.
Application for Accommodation Contracts
A guest who intends to make an application for an Accommodation Contract with Hotel shall notify the Hotel of the following particulars:
(1)Name of the Guest (s);
(2)Date 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
In the case when the Guest requests, during his 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 is made.
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 where 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 accom-modation 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.
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 payments of the deposit is specified.
Special Contracts Requiring No Accommodation Deposit
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.
In the case when the Hotel has not requested the payment of the deposit as stipulated in Paragraph 2 of the preced-ing Article and has not specified the date of the payment of the deposit at the time the application for an Accom-modation Contract has been accepted, it shall be treated as that the Hotel has accepted, a special contract prescribed in the preceding Paragraph.
Refusal of Accommodation Contracts
The Hotel may not accept the conclusion of an Accom-modation Contract under any of the following cases:
(1) When the application for accommodation does not conform with the provisions of these Terms and Conditions
(2) When the Hotel is fully booked and no room is available;
(3) When the Guest seeking accommondation is deemed liable to conduct himself in a manner that will contravene the laws or act against the public order or good morals in regard to his accommodation;
(4) When the Guest seeking accommodation is identified as a member of an organized crime group, or is involved with an organized crime group or other antisocial force, as specified by the Law Concerning Prevention of UnjustActs by Organized Crime Group Members(hereinafter referred to as ì organized crime groupî );
(5) When the Guest seeking accommodation is consideredas a member of a corporate body or other groups whosebusiness is governed by an organized crime group orsimilar groups;
(6) When the Guest seeking accommodation operates or isconsidered as a member of corporate body whose Board Members belong to a group that is deemed an organizedcrime group or similar groups;
(7) When the Guest seeking accommodation commits anyillegal acts of violence, intimidation, extortion, or otherthreatening acts to the Hotel facilities or its employees,or requests the hotel to assume unreasonable burden,or is deemed liable to have ever committed the same acts against them;
(8) When the Guest seeking accommodation can be clearly detected as carrying an infectious disease;
(9) When the Hotel is unable to provide accommoda-tion due to natural calamities, disfunction of the facilities and other unavoidable causes;and
(10) When the Guest seeking accommodation 1) is drunkor has the possibility of causing inconveniencefor other Guests, 2) speaks/acts in a manner havingthe possibility of causing inconvenience for otherGuests by singing loud, making noise, playing music,or other such activities 3) obviously does not have theability to pay the bill, 4) behaves suspiciously, orany other reason. (The Kyoto Prefeetural Ordinance)
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 when 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 Article 3 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 when the Guest does not appear by 8 p.m. of the accommodation date (2 hours after the expected time of arrival if the Hotel is notified of it) without an advance notice, the Hotel may regard the Accom-modation Contract as being cancelled by the Guest.
Right to Cancel Accommodation Contracts by the Hotel
The Hotel may cancel the Accommodation Contract under any of the following cases:
(1) When the Guest is deemed liable to conduct and have conducted himself in a manner that will contravene the law or act against the public order and good morals in regard to his accommodation;
(2) When the Guest is considered as a member of anorganized crime group or similar groups;
(3) When the Guest is considered as a member of acorporate body or other groups whose business isgoverned by an organized crime group or similargroups;
(4) When the Guest operates or is considered as memberof corporate body whose Board Members belong to agroup that is deemed an organized crime group orsimilar groups;
(5) When the Guest commits any illegal acts of violence, intimidation, extortion or other threatening acts to theHotel facilities or its employees, or requests the hotelto assume unreasonable burden, or is deemed liableto have ever committed the same acts against them;
(6) When the Guest can be clearly detected as carrying an infectious disease;
(7) When the Hotel is unable to provide accom-modation due to natural calamities and other causes of force majeure;
(8) When the Guest 1) is drunk or has the possibility ofcausing inconvenience for other Guests, 2) speaks/actsin a manner having the possibility of causing inconveniencefor other Guests by singing loud, making noise,playing music, or other such activities 3) obviously doesnot have the ability to pay the bill, 4) behaves suspiciously,or any other reason. (The Kyoto Prefectural Ordinance)
(9) When the Guest does not observe prohibited actionssuch as smoking in bed, mischief to the fire-fightingfacilities and other prohibitions of the Use Regulationsstipulated by the Hotel (restricted to particulars deemednecessary in order to avoid the causing of fires)
In the case when the Hotel has cancelled the AccommodationContract in accordance with the preceding Paragraph,the Hotel shall not be entitled to charge the Guest for any ofthe services in the future during the contractal period whichhe has not received.
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 of the Guest (s);
(2) Except Japanese, nationality, passport number,port and date of entry in Japan:
(3) Date and estimated time of departure; and
(4) Other particulars deemed necessary by the Hotel. In the case when the Guest intends to pay his Accommo-dation Charges prescribed in Article 12 by any means other than Japanese currency, such as travelerís cheques, coupons or credit cards, these credentials shall be shown in advance at the time of the registration prescribed in the preceding Paragraph.
Occupancy Hours of Guest Rooms
The Guest is entitled to occupy the contracted guest room of the Hotel from 2 p.m. to 11 a.m. However, in the case when the Guest is accommodated continuously, the Guest may occupy it all day long, except for the day 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:
(1) Up to 3 p.m. : one third of the room charge
(2) Up to 6 p.m. : one half of the room charge
(3) More than 6p.m. : room charge in full
Observance of Use Regulations
The Guest shall observe the Use Regulation established by the Hotel which are posted within the premises of the Hotel.
Business hours of the front desk, etc. of the Hotel are asfollows, and those of other facilities, etc. shall be notified in detail by the provided brouchures,notices displayed, the HOTEL DIRECTORY(servicedirectory) in guest rooms, and others.
Service hours of the front desk, cashier’s desk, etc.
(1) Closing time None
(2) Front service 24 hours
(3) Exchange service 24 hours
The business hours specified in the preceding Paragraphare subject to temporary changes due to unavoidable causes of the Hotel. In such a case, the Guest shall be informed by appropriate means.
Payment of Accommodation Charges
The breakdown 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 desk at the time of the departure of the Guest or upon request by the Horel.
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.
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 fulfilmentor the nonfulfilment of the Accommodation Contract and related agreements. However, the same shall not apply incase where such damage has been caused due to reasons forwhich the Hotel is not liable.
The Hotel is covered by the Hotel LiabilityInsurance in order to deal with unexpected fire andother disasters.
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 can not 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 compensate the Guest.
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 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 Hotel has requested the Guest to report its kindand value but the Guest has failed to do so, the Hotel shallcompensate the Guest within the limits of 300,000 yen.
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 Desk. However, for articles of which the kindand value has not been reported in advance by the Guest,the Hotel shall compensate the Guest within the limits of 300,000 yen, except in case where loss or damage wascaused intentionally or by gross negligence on the partof the Hotel.
Custody of Baggage and 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 the baggage or belongings of the Guest is found left after his 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 for 7 days including the day it is found, and after this period, the Hotel shall turn it over to the nearest police station.
The Hotelís liability in regard to the custody of the Guestís baggege and belongings in the case of the preceding two Paragraphs shall be assumed in accor-dance with the provisions of Paragraph 1 of the Preceding Article in the 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
The Hotel shall not be liable for the custody of the vehicle of the Guest when the Guest utlizes 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 the Horel in regard to the management of the parking lot.
Liability of the Guest
The Guest shall compensate the Hotel for the damage caused through intention or negligence on the part of the Guest.
Attached Table No.1
Calculation method for Accommodation Charges, etc. for Hotels (for accommodatin facilities which do not provide breakfast and dinner, or which do not provide dinner)(Ref. Paragraph 1 of Article 2, Paragraph 2 of Article 3 and Paragraph 1 of Article 12)
1. Those charges are subject to change to revisions of the Tax Laws concerned.
Attached Table No.2
Cancellation Charge for Hotels (Ref. Paragraph 2 of Article 6)
1. The percentage signifies the rate of cancellation charge to the Basic Accommodation Charges.
2. When the number of days contracted is shortened, cancellation charge for its 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 10 days prior to the occupancy, as of the date) with fractions counted as a whole number.