Article 1. (Scope of Application)
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 herein shall be governed by laws and regulations and/or generally accepted practices.
2. 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 the special contract shall take precedence over the provisions of these Terms and Conditions, notwithstanding the preceding Paragraph.
Article 2.(Application for Accommodation Contract)
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 the Guest(s).
(2) Date of accommodation and estimated time of arrival and departure.
(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.
2. If Guests request to extend their stay, during their stay, 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.
Article 3.(Conclusion of Accommodation Contracts, etc.)
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 set 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 Charge to be paid by the Guest, secondly for cancellation charges under Article 6 and thirdly for reparations under Article 17 as applicable. The remainder, if any, shall be refunded at the time of payment for accommodation as stated in Article 11.
4. If the Guest fails 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)
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.
2. In the case when the Hotel has not requested payment of the deposit as stipulated in Paragraph 2 of the preceding Article and/or has not specified the date of payment of the deposit at the time the application for an Accommodation Contract has been accepted, it shall be treated as though 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 circumstances.
(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 there is no vacancy.
(3) When the Guest seeking accommodation is deemed liable to conduct himself/herself in a manner that will violate laws or act against the public order or good morals in regard to his/her accommodation.
(4) When the person seeking accommodation falls under any of the following;
a) When the person seeking accommodation is a member of an organized crime group, under Article 2-6 of Law on Preventing Unreasonable Conduct by Organized Crime Groups (Code 77 issued in 1991), or a related party, under Article 2-2 of said law.
b) When a corporate company or an organization is detected to be under control of a crime group(s) in its business activities.
c) When a corporate company or an organization is proven to employ a director who is a member of an organized crime syndicate.
(5) When the person seeking accommodation is behaving in such a manner as to be an annoyance to other guests;
(6) When the Guest seeking accommodation can be clearly identified as carrying an infectious disease;
(7) When the Hotel and/or hotel staff are violently threatened or unreasonably burdened by the Guest;
(8) When the Hotel is unable to provide accommodation due to natural calamities, malfunction of facilities and/or other unavoidable causes;
(9) When cases fall under Enforcement Ordinance of Hotel Business Act of Niigata Prefecture.
Article 6.(Right to Cancel Accommodation Contracts by the Guest)
1. The Guest is entitled to cancel the Accommodation Contract by notifying the Hotel.
2. If 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 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 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 payment of cancellation charges in case of cancellation by the Guest.
3. If the Guest does not appear by 8:00 p.m. of the accommodation date without advance notice (2 hours after the expected time of arrival if the Hotel is notified), the Hotel may regard the Accommodation Contract as being cancelled by the Guest.
Article 7.(Right to Cancel Accommodation Contract by the Hotel)
1. The Hotel may cancel the Accommodation Contract under any of the following circumstances:
(1) When the Guest is deemed liable for conduct and/or has conducted himself/herself in a manner that will violate laws or act against the public order and good morals in regard to his/her accommodation.
(2) When Guests fall under any of the following;
(a) When the Guest is deemed to be a member of or be linked to a crime syndicate, organized crime group or any antisocial organization.
(b) When a corporate company or an organization is detected to be under control of a crime group(s) in its business activities.
(c) When a corporate company or an organization is proven to employ a director who is a member of an organized crime syndicate.
(3) When the Guest is obviously intoxicated and could cause annoyance to other guests.
(4) When the Guest can be clearly identified as carrying an infectious disease;
(5) When the Hotel and/or Hotel staff suffers from violent threat or unreasonable burden from the Guest.
(6) When the Hotel is unable to provide accommodation due to natural calamities and/or other causes of force majeure;
(7) When cases fall under Enforcement Ordinance of Hotel Business Act of Niigata Prefecture.
(8) When the Guest does not observe prohibited actions such as smoking in bed, tampers with fire-fighting facilities and otherwise breaches Hotel Regulations stipulated by the Hotel (restricted to particulars deemed necessary in order to avoid causing fires).
2. If the Hotel has canceled the Accommodation Contract in accordance with the preceding Paragraph, the Hotel shall not charge the Guest for any of the services during the contractual period he/she has not received.
The Guest shall register the following particulars on the day of accommodation:
(1) Name, age, sex, address and occupation of the Guest(s);
(2) 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.
Article 9.(Occupancy Hours of Guest Rooms)
1. The Guest is entitled to occupy the contracted guest room of the Hotel from 2:00 p.m. on the day of arrival to 11:00 a.m. on the day of departure. However, in the case when the Guest is accommodated continuously, the Guest may occupy the guest room all day, except for the days of arrival and departure.
2. The Hotel may, notwithstanding the provisions prescribed in the preceding Paragraph, permit the Guest to occupy the guest room beyond the time prescribed in the same Paragraph, In this case, extra charges shall apply as follows:
(1) Up to 3 hours: One third of the facility use fee
(2) Up to 6 hours: One half of the facility use fee
(3) More than 6 hours: Full of the facility use fee
Article 10.(Observance of Hotel Regulations)
The Guest shall observe the Hotel Regulations established by the Hotel.
Article 11.(Payment of Accommodation Charges)
1. The explanation of 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 at the time of the Guest’s arrival or upon request by the Hotel in Japanese currency.
3. Accommodation charges shall be paid even if the Guest voluntarily does not utilize the accommodation facilities provided for him/her by the Hotel.
Article 12.(Liabilities of the Hotel)
1. The Hotel shall compensate the Guest for damage if the Hotel has caused such damage to the Guest in the fulfillment or the nonfulfillment 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.
2. The Hotel is covered by Comprehensive Insurance to deal with unexpected fire and/or other disasters.
Article 13.(Handling when Unable to Provide Contracted Rooms)
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 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 reparations. However, when the Hotel cannot provide accommodation due to causes for which the Hotel is not liable, the Hotel will not compensate the Guest.
Article 14.(Handling of Deposited Articles)
1. The Hotel generally do not handle deposited goods.
2. The Hotel shall compensate the Guest for damages when loss, breakage or other damage is caused, through intent or negligence on the part of the Hotel, to the goods, cash or valuables brought onto the premises of the Hotel by the Guest. However, for articles of which the nature and value has not been reported in advance by the Guest, the Hotel shall compensate the Guest up to a maximum of 100,000 yen.
Article 15.(Custody of Baggage and/or Belongings of Guest)
1. When the baggage of the Guest is brought into the Hotel before his/her arrival, the Hotel shall be liable to store it only in the case when such a request has been accepted from the Hotel. The baggage shall be handed over to the Guest at the time of his/her check-in.
2. When the baggage or belongings of the Guest are found after check-out and ownership of the article is confirmed, Hotel shall inform the owner of the article left and ask for further instructions. When no such instructions are given to the Hotel by the owner or when ownership is not confirmed, the Hotel shall handle it according to the Lost Goods Act. The Hotel shall keep it for 7 days after it is found, and after this period, The Hotel shall turn it over to the nearest police station.
3. The Hotel’s liability in regards to the custody of the Guest’s baggage and 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 with the provisions of Paragraph 2 of the same Article in the case of Paragraph 2.
Article 16.(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 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 damage caused through intent or negligence on the part of the Hotel in regards to the management of the parking lot.
Article 17.(Liability of the Guest)
The Guest shall compensate the Hotel for damage caused through intent or negligence on part of the Guest.
Attached Table No. 1 Calculation Method for Accommodation Charges (Ref. Paragraph 1 of Article 2, Paragraph 2 of Article 3 and Paragraph 1 of Article 11)
to be paid
by the Guest
|①Basic Accommodation Charge
(Facility use fee including breakfast)
|Extra Charges||③Optional Meals, Drinks
（Except what is included in No.①)
Attached Table No. 2 Cancellation Charge for Hotel (Ref. Paragraph 2 of Article 6)
Cancellation of Contract is noticed
|No show||Accommo-dation Day||3 Days Prior to Accommo-dation Day||7 Days Prior to Accommo-dation Day||14 Days Prior to Accomm-odation Day|
1. The percentages signifies the cancellation charge to the Basic Accommodation Charges.
2. When the number of days contracted are reduced, cancellation charges for the first day shall be paid by the Guest regardless of the number of days shortened.
3. When transportation (airline or ferry) is canceled because of natural disasters, such as typhoon, the cancellation charge shall be exempted. When Guest shall not contact, Hotel shall charge normal cancelation fee. The cancellation by Guest before transportation (airline or ferry company) decide cancellation or suspension, Hotel shall charge prescribed cancelation charge.