TREMS AND CONDITIONS FOR ACCOMMODATION CONTRACTS

Scope of Application

Article 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 go 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 Guests insofar as such special contract does not violate laws and regulations and generally accepted practices, notwithstanding the preceding Paragraph, the special contract shall take precedence over the provisions of these Terms and Conditions.

Application for Accommodation Contracts

Article 2.	A Guests 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) Phone number; (3) Address; (4) E-mail address; (5) Date of accommodation and estimated time of arrival; (6) Accommodation Charges (based, in principle, on the Basic Accommodation Charges listed in the Attached Table No.1); (7) Other particulars deemed necessary by the Hotel.
2.	In the case when the Guest requests, during his stay, extension 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 requests is made.
3.	The Guest agrees that the personal information provided at the time of reservation may be used by the Hotel to send e-mails (including SMS) and make phone calls to the Guest in order to manage the reservation and make advance arrangements for the stay.

Conclusion of Accommodation Contracts, etc.

Article 3.	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.
2.	When a Contract for Accommodation has been concluded in accordance with the provision 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 Guests, 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.
4.	When the Guest has failed to pay the deposit by the date as stipulated in Paragraph 2 of Article 3, 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.	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 Contracts

Article 5.

The Hotel may not accept the conclusion of an Accommodation Contract under any of the following causes; (1) When the application for accommodation does not conform with the Provisions of these Terms and Conditions; (2) When the Hotel fully booked and no room is available; (3) When the Guest seeking accommodation 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 it is recognized that the person who intends to stay falls under any of the following A through C; A:When the Guest seeking accommodation is part or a member of an antisocial group that threatens the order and safety of society; B:When the Guest seeking accommodation is associated with a corporation or organization whose board members or members are identified as gangsters and who control business; C:When the Guest seeking accommodation is in a gang, a gang member, or is part of or related to an organization associated with gangs; (5) When the Guest seeking accommodation acts disruptively or dangerously, causing distress to other Guests, or behaves in any other way which may cause trouble for the facility or other Guests; (6) When the Guest otherwise fails to abide by the House Regulations established by the Hotel. (7) When the Guest seeking accommodation can be clearly detected as carrying an infectious disease; (8) When the Hotel receives violent demands and/or is requested to assume an unreasonable burden in regard to his/her accommodation; (9) When the Hotel is unable to provide accommodation due to natural calamities, dysfunction of the facilities and/or other unavoidable causes; (10) When the case falls under the provisions of Article 5 of the Enforcement Ordinance of the Niigata Prefecture Ryokan Law (Right to Cancel Accommodation Contracts by the Guest).

Right to Cancel Accommodation Contracts by the Guest

Article 6.	The Guest is entitled to cancel the Accommodation Contract by 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 inthe 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 when the Guest does not appear by 7:30 p.m. of the accommodation date without an advance notice, the Hotel may regard the Accommodation Contract as being cancelled by the Guest.

Right to Cancel Accommodation Contracts by the Hotel

Article 7.

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/herself in a manner that will contravene the laws or act against the public order or good morals in regard to his/her accommodation; (2)When it is recognized that the guest falls under any of the following causes; ・When the Guest is deemed to be a member of or be linked to a crime syndicate, organized crime group or any antisocial organizations. ・When a corporate company or an organization is detected to be under control of a crime syndicate or organized crime group(s) in its business activities. ・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 behaves in a manner so as to cause significant inconvenience to other Guests. (4) When the Guest can be clearly detected as carrying an infectious disease. (5)When the Hotel is unable to provide accommodation due to natural calamities and/or other unavoidable causes. (6)When the Guest has used violence in making demands of the accommodation facilities or its employees, or has requested the Hotel to assume an unreasonable burden. (7)When the Hotel is unable to provide accommodation due to naturalcalamities and/or other unavoidable causes. (8)When the case falls under the provisions of Article 5 of the Enforcement Ordinance of the Niigata Prefecture Ryokan Law. (9)When the Guest does not abstain from prohibited actions such as smoking in bed, tampering with the fire-fighting facilities and other prohibitions of the Use Regulations stipulated by the Hotel(restricted to particulars deemed necessary in order to avoid the causing of fires).

2.

in accordance with the preceding Paragraph, the Hotel shall not be entitled to charge the Guest for any of the services in future during the contractual period which he/she has not received.

Registration

Article 8.

The guest shall register the following particulars by the Front Desk clerk of the Hotel on the day of accommodation; （1）Name, address, phone number of the Guest(s); (2) For non-Japanese Guest(s), nationality, passport number, port and date of entry into Japan; (3) Other particulars deemed necessary by the Hotel.

Occupancy Hours of Guest Rooms

Article 9.

The Guest is entitled to occupy the contracted guest room of the Hotel from 3:00p.m. to 10:00a.m. the next morning.

Observance of Use Regulations

Article 10.

The Guest shall observe the rules used by the Hotel, which are posted within the premises of the Hotel or official web site.

Business Hours

Article 11.	The business hours of operation of the front desk services of this hotel shall be as follows, and those of other facilities, etc., shall be specified in detail. prescribed pamphlet, by posting in various places, or by any other method deemed appropriate by the hotel. 1.Front Service—7:00a.m.～10:00p.m. 2.Shop—————7:00a.m.～9:00p.m. 3.Lounge————7:00a.m.～9:00p.m.
2.	The business hours specified in the preceding Paragraph are subject to temporary changes due to unavoidable causes on the part of the part of the Hotel. In such a case, the Guest shall be informed by appropriate means.

Payment of Accommodation Charges

Article 12.	The breakdown of the Accommodation Charges, etc. that the Guest shall pay is as listed in Chart 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 coupons, credit cards or electric money, recognized by the Hotel at the front desk at the time of the departure 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 which have been provided for him/her by the Hotel and are at his/her disposal.
4.	In the case of cancellation of the contract by the hotel, the hotel will charge the penalty listed in Appendix 2 in accordance with Article 6, Paragraph 2.

Liabilities of the Hotel

Article 13.	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 agreement. However, the same shall not apply in cases when such damage has been caused due to reasons for which the Hotel is not liable.
2.	The Hotel is covered by Hotel Liability Insurance in order to deal with unexpected fire and/or other disasters.

Procedure when unable to provide Contracted Rooms

Article 14.

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 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 compensate the Guest.

Handling of Deposited Articles

Article 15.

When the articles, cash and/or valuables checked by the Guest at the front desk have been lost or damaged, our Hotel shall compensate for the damage, unless the loss or damage has been caused by force de majeure. However, in the case of cash and valuables, we shall do so only when the Guest has clearly reported the kind and value of such cash and valuables at our request. Otherwise we shall compensate for the damage up to the maximum amount of 150,000yen.

2.

When the Guest has brought into our Hotel articles, cash and/or valuables but has not checked them at the front desk, we shall compensate for the loss or damage inflicted on them if caused intentionally or negligently on our part, except when the Guest has not clearly reported to us beforehand the kind and value of such items lost or damaged, in which case we shall compensate for the loss or damage up to the maximum amount of 150,000 yen unless we are intentionally or negligently responsible for such loss or damage.

Custody of Baggage and/or Belongings of the Guest

Article 16.	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.
2.	When the baggage or belongings of the guest are found left behind after his check-out, and the ownership of the article is identified, 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 owner ship is not identified, the Hotel shall keep the article for 7days including the day it is found, and after this period the Hotel shall turn it over to the nearest police station.
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 15 in the case of Paragraph 2.

Liability in Regard to Parking

Article 17.

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 Hotel simply offers the space for parking. 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.

Liability of the Guest

Article 18.

The Guest shall compensate the Hotel for the damage caused through intention or negligence on the part of the Guest.

Governing Language and Law

Article 19.	These Provisions are written both in Japanese and in English. In the event of any inconsistency or difference between the two versions of these Provisions, the Japanese version shall prevail in all respects.
2.	Any dispute arising from/or in relation to these Provisions shall be referred to the Japanese court having jurisdiction over the location of the Hotel and resolved in accordance with applicable Japanese laws.

Chart 1

The breakdown of the Accommodation charges, etc.
(Ref. Paragraph 1 of Article 2, and Paragraph 1 of Article 12)

	Contents
Accommodation Charges	(1) Basic Accommodation Charges(Room charge+Meals)
Additional Charges	(2) Other expenses.
Taxs	(3)Consumption Tax・Bathing Tax

Chart 2

Cancellation charge for Hotels(Ref. Paragraph 2 of Article 6)

No-Show	On the day	The day before	2 days before	3 days before
100%	100%	50%	30%	30%