TERMS AND CONDITIONS

宿泊約款

TERMS AND CONDITIONS FOR ACCOMMODATION CONTRACTS

Scope of Application

Article 1

1 Contracts for Accommodation and related agreements entered into between the Hotel and the Guest 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.

2 In the case in which the Hotel has entered into a special contract with the guest, insofar as the 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

Article 2

1 A Guest intending to make an application for an accommodation contract with the 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 Attached Table No. 1, and;
(4) Other particulars as deemed necessary by the Hotel.

2 When, during his or her stay, the Guest requests extension of the accommodation beyond the date in subparagraph (2) of the preceding paragraph, this shall be regarded as an application for a snew Accommodation Contract at the time the request is made.

Conclusion, etc. of the Accommodation Contract

Article 3

1 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.

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.

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. The remainder, if any, shall be refunded at the time of the payment of the Accommodation Charges as stated in Article 12.

4 When the Guest has failed to pay the deposit by the date 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 Contract Requiring Non-payment of the Application Money

Article 4

1 Notwithstanding the provisions of Paragraph 2 of the preceding Article, the Hotel may enter into a special contract requiring the accommodation deposit after the Contract has been concluded as stipulated in the same Paragraph.

2 In the case when the Hotel has not requested the payment of the deposit as stipulated in Paragraph 2 of the preceding Article and/or has not specified the date of the payment of the deposit at 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.

Refusal of Accommodation Contract

Article 5

1 The Hotel may not accept the conclusion of an Accommodation 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 accommodation is deemed liable to conduct himself in 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 can be clearly detected to be suffering from an infectious disease;
(5) When the Hotel is requested to assume an unreasonable burden in regard to the Guest’s accommodation;
(6) When the Hotel is unable to provide accommodation due to natural calamities, malfunction of facilities and/or other unavoidable causes;
(7) When the Guest seeking accommodation is wasted or his/her behavior is extremely abnormal, and is considered likely to disturb other hotel guests.When the provision of Article 5 in the Hotel Business Law of the Oita prefectural Ordinance issued by the Prefecture is applicable.

The Guest's Right to Cancel the Contract

Article 6

1 The Guest is entitled to cancel the Accommodation Contract by so notifying the Hotel.

2 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.

3 In the case that the Guest does not appear by 8:00 p.m. of the accommodation date (2 hour after the expected time of arrival if the Hotel has been notified of it) without advance notice, the Hotel may regard the Accommodation Contract as being cancelled by the Guest.

The Right of Our Hotel to Cancel the Contract

Article 7
1 The Hotel may cancel the Accommodation Contract under any of the following cases:

(1) When the Guest is deemed liable to conduct and/or have conducted himself in a manner that will contravene the laws or act against the public order or good morals in regard to his accommodation;
(2) When the Guest can be clearly detected to be suffering from an infectious disease;
(3) When the Hotel is requested to assume an unreasonable burden in regard to the Guest’s accommodation;
(4) When the Hotel is unable to provide accommodation due to natural calamities and/or other causes of force majeure;
(5) When the provision of Article 5 in the Hotel Business Law of the Oita prefectural Ordinance issued by the Prefecture is applicable.;
(6) When the Guest undertakes prohibited actions such as smoking in bed, causing mischief to fire-fighting facilities and other prohibitions of the Use Regulations stipulated by the Hotel.

2 In the case that 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 future services during the contractual period not received.

Registration

Article 8

1 The Guest shall register the following particulars at the front desk of the Hotel on the day of accommodation:

(1) Guest(s) name, age, sex, address and occupation;
(2) Apart from Japanese citizens, nationality, passport number, port and date of entry in Japan;
(3) Date and estimated time of departure;
(4) Other particulars as deemed necessary by the Hotel

2 In the case that the Guest intends to pay his Accommodation Charges prescribed in Article 12 by means other than Japanese currency, such as traveler,s check, coupons or credit cards, these credentials shall be shown in advance at the time of the registration prescribed in the preceding Paragraph.

Time Allowed for Use of the Guest Room

Article 9

1 The time allowed for the Guest to use the room of our Hotel shall be from 3:00 p.m. until 10:00 a.m. of the following morning.

2 Notwithstanding the provision of the preceding Paragraph, our Hotel may accept the use of the guest room in hours other than those specified in the preceding Paragraph, in which case an additional charge shall be required as specified below.

(1) Up to 3 hours in excess of the prescribed hours: 30% of the regular room charge.
(2) Up to 6 hours in excess of the prescribed hours: 50% of the regular room charge.
(3) 6 hours or more in excess of the prescribed hours: 100% of the regular room charge.

Observance of the Rules Used by the Hotel

Article 10

1 The Guest shall observe the Use Regulations established by the Hotel, and which are posted within the premises.

Business Hours

Article 11

1 The business hours 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 provide, notices displayed in each place, service directories in guest rooms and others.

(1) Service Hours of Front Desk, Cashier, etc.:
 (a) Curfew ....................None
 (b) Front Desk .................... 7:00 a.m.~10:00 p.m.
 (c) Front Exchange Service .................... 7:00 a.m.~10:00 p.m.
(2)Drinking and Eating(Facilities) Service Hours:
 (a)Cafe .................... 7:00a.m.~10:00p.m.

2 The business hours specified in preceding Paragraph 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

Article 12

1 The breakdown of the Accommodation charges, etc, that the Guest shall pay is as listed in the Attached Table No.1.

2 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 checks,coupons or credit cards recognized by the Hotel, at the front desk at the time of arrival of the Guest or upon request by the Hotel.

3 Accommodation Charges shall be paid even if the Guest voluntarily does not utilize the accommodation facilities provided for him by the Hotel and which are at his disposal.

Responsibility of Our Hotel

Article 13

1 In the case that we have inflicted damage on the Guest in the course of fulfilling the Accommodation Contract and related Contracts or in breach of these Contracts, we shall compensate for the said damage, unless the said damage has been caused due to a cause not attributable to us.

2 The Hotel has received the Fire Safety Certification Mark from the fire fighting agency but is also covered by the Hotel liability insurance to cope with emergencies in the case of fire, etc.

Handling 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.

2 When arrangement for other accommodations cannot be made not withstanding 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 accommodations due to causes for which the Hotel is not liable, the Hotel shall not compensate the Guest.

Handling of Deposited Articles

Article 15

1 The Hotel shall compensate the Guest for 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 kind and value but the Guest has failed to do so, the Hotel shall compensate the Guest within the limit of ¥200,000.

2 The Hotel shall compensate the Guest for 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 front 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 ¥200,000.

Custody of the Baggage or Personal Belongings of the Guest

Article 16

1 When the baggage of the Guest is brought into the Hotel before his or her arrival, the Hotel shall be liable to hold 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 or her check-in.

2 When the baggage or belongings of the Guest are found to be left after 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 contact is given to the Hotel by the owner, the Hotel shall keep the article for 7 days including the day it is found; after this period, dispose of it.

3 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 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.

Responsibility for Parking

Article 17

1 When the Guest uses the parking area of our Hotel, our Hotel only lends the parking area and does not assume responsibility for care and custody of the vehicle parked, regardless of whether or not our Hotel has been asked to keep the key to the vechile. However, our Hotel shall be liable for compensation if and when the vechile parked is damaged intentionally or negligently on our side while keeping the parking area under our control.

Responsibility of the Guest

Article 18

1 In the case that our Hotel has suffered damage due to the intention or fault of the Guest, The guest will be required to compensate to our Hotel for the said damage.

Table No.1
Breakdown of Accommodation Charges (concerning Article 2-1 and 12-1)

Amounts to be paid by the Guest
Contents
Accommodation Charges (1) Basic Accommodation Charge
[ Room Charge (or Room and Breakfast Charge) ]
(2) Service Charge[ (1) ×10%]
Additional Charges (3) Meals & Drinks and Other Expenses
[ Room Charge (or Room and Breakfast Charge) ]
(4) Service Charge[ (3) ×10%]
Taxes (a) Consumption Tax
(b) Accommodation Tax Oita
(c) Bath tax (at hot spring resorts only)

Remarks:

1. The Basic Accommodation Charge is based on the table of charges posted at our Hotel.

2. The charge for an elementary school child or younger is as follows:
If a child takes meals and uses bedding on the same basis as an adult: 70% of the adult's charge
If a child takes special meals and uses bedding for children: 50% of the adult's charge
If a child only uses bedding: 30% of the adult's charge

Table No.2
Penalty (concerning Article 6-2)

Number of Guests Subscribed Day When Cancellation Notice Received
No Show Accommodation Day 1 Day Prior to A. Day 2 Day Prior to A. Day 3 Day Prior to A. Day 5 Day Prior to A. Day
from 1 to 14 100% 100% 50% 20% 20% -
from 15 to 30 100% 100% 50% 20% 20% 20%
Number of  Guests Subscribed Day When Cancellation Notice Received
No Show Accommodation Day 1 Day Prior to A. Day 7 Day Prior to A. Day 14 Day Prior to A. Day 30 Day Prior to A. Day
from 30 to 100 100% 100% 50% 20% 10% -
101 or more 100% 100% 50% 20% 10% 10%

Note:

1. The percentage above shows the percentage of the Penalty against the Basic Accommodation Charge.

2. In the case that the number of days for accommodation has been reduced, Penalty for One Day (the first day of accommodation) shall be charged, regardless of the number of days reduced.

3. In the case that the Accommodation Contract has been cancelled for a part of the Group (consisting of 15 members or more), the Penalty charged shall be for the number of the Group members equal to 10% (a fraction to be evened up) of the total number of the Group members booked for accommodation as of 10 days prior to the first day of occupancy (or the day when the Accommodation Contract has been accepted in less than 10 days prior to the first day of occupancy).