Lodging Agreement

宿泊約款

(Scope)

Article 1

  1. The lodging contract and contracts related to this concluded between this hotel and its guests are deemed to be within the bounds stipulated by this agreement and this as for matters that have not been stipulated in this agreement, they will be deemed to comply to the law of customs established to be general.
  2. When this hotel accommodates a special agreement not within the bounds of the law or customs, regardless of the previous item, that special agreement will be prioritized.

(Application for lodging contract)

Article 2

  1. Parties who try to apply to this hotel for a lodging contract will provide the following to this hotel.
    • (1)Name of guest
    • (2)Dates of stay and estimated time of arrival
    • (3)Accommodation fee (as a general rule, it depends on the basic accommodation fee stated in Annexed Table 1.)
    • (4)Other items acknowledged to be required by the hotel
  2. If a guest has applied for the continuation of their stay past the dates of stay secondly stated in the previous item during their stay, this hotel will treat it as a new application for a lodging contract at the point that this request is made.

(The formation of the lodging contract, etc.)

Article 3

  1. The lodging contract is deemed to be formed when the hotel approves the application in the previous article. However, when this contract proves that they did not approve it, this will not apply.
  2. If the lodging contract is formed by the stipulation in the previous item, this hotel will receive the application fee with the limit as the basic accommodation fee of the lodging period (three days if it exceeds three days) by the date stipulated by this hotel.
  3. The application amount will, firstly, be appropriated to the accommodation fee that the guest should ultimately pay, and in the event that a situation that applies to the stipulations of Article 6 and Article 18 occur, the penalty for contract breach followed by the reparations will be appropriated, and if there is a remainder, it will be returned during the fee payment as stipulated in Article 12.
  4. If the application amount in the second item is not paid by the date stipulated by this hotel as stipulated in the same item, the lodging contract will be deemed to be no longer valid. However, this only applies if this hotel informed the guest to that effect when designating the date of payment of the application amount.

(A special agreement that deems the payment of the application amount unnecessary)

Article 4

  1. Regardless of the stipulations in the second item of the previous article, this hotel might accommodate special agreements that deem the payment of the application amount in the same item after the establishment of the contract unnecessary.
  2. When approving the application of a lodging contract, if this hotel did not request for payment of the application amount in the second item of the previous article or did not designate the date of payment of the relevant application amount, it will be handled as an accommodation of the special agreement in the previous item.

(Refusal to conclude a lodging contract)

Article 5

  1. In the following situations, this hotel may not accommodate the conclusion of a lodging contract.
    • (1)When the accommodation application is not based on this agreement.
    • (2)When there are no vacant guest rooms due to all rooms being occupied.
    • (3)When a party attempting to stay at the hotel has been deemed to potentially act in a manner that goes against legal regulations, public order, or good morals with regards to their stay.
    • (4)When a party attempting to stay at the hotel has been deemed to fall under one of the following, from a to c.
      • A Crime syndicates (hereafter referred to as “crime syndicates.”) as stipulated in the Act 2 of Article 2 in the law regarding the prevention, etc. of improper acts by members of crime syndicates (Act 77 of 1991), members of crime syndicates (hereafter referred to as “members of crime syndicates.”) as stipulated in Act 6 of Article 2, the same article, and other criminal groups and individuals such as associate members of crime syndicates and those involved in crime syndicates
      • B Corporate bodies or other organizations operated by crime syndicates or members of crime syndicates
      • C Corporate bodies with one or more employees that are members of a crime syndicate
    • (5)When a party attempting to stay at the hotel acts in a manner that significantly disturbs other guests.
    • (6)When a party attempting to stay at the hotel is clearly deemed to have a contagious disease.
    • (7)When acts of violent demands regarding the stay are carried out or when responsibility beyond reasonable boundaries has been demanded.
    • (8)When the hotel is unable to allow the guest to stay due to inevitable circumstances such as a natural disaster, fault in a facility, and so on.

(Guests' right to rescind the contract)

Article 6

  1. Guests are able to make a request to the hotel to rescind the lodging contract.
  2. In the event that a guest rescinds all or part of the lodging contract due to reasons attributable to them (this is in the event that this hotel designated a date of payment of the application amount and asked for its payment according to the second item of Article 3 and excludes the situation in which the guest rescinds the lodging contract before its payment.), this hotel will charge a penalty for contract breach according to what is stated in Annexed Chart 2. However, if this hotel has accommodated a special agreement as in the first item of Article 4, in accommodating that special agreement, this only applies when this hotel informs the guest about their obligation to pay the penalty for contract breach when they rescind the lodging contract.
  3. If a guest does not contact the hotel and does not arrive by 10 p.m. on the day of their stay (if they have clearly restated their time of arrival, two hours after that time), that lodging contract may be deemed to have be rescinded by the guest and treated accordingly.

(This hotel’s right to rescind the contract)

Article 7

  1. This hotel may rescind the lodging contract under the following circumstances.
    • (1)When a guest has been deemed to potentially act in a manner that goes against legal regulations, public order, or good morals with regards to their stay or have been recognized to have carried out such acts.
    • (2)When a guest has been deemed to fall under one of the following, from a to c.
      • A Crime syndicates, members of crime syndicates, or other criminal groups and individuals such as associate members of crime syndicates and those involved in crime syndicates
      • B Corporate bodies or other organizations operated by crime syndicates or members of crime syndicates
      • C Corporate bodies with one or more employees that are members of a crime syndicate
    • (3)When a party attempting to stay at the hotel acts in a manner that significantly disturbs other guests.
    • (4)When a party attempting to stay at the hotel is clearly deemed to have a contagious disease.
    • (5)When acts of violent demands regarding the stay are carried out or when responsibility beyond reasonable boundaries has been demanded.
    • (6)When the hotel is unable to allow the guest to stay due to inevitable circumstances such as a natural disaster.
    • (7)When any of the situations stipulated in Article 7 of the Yokoso Kumamoto travel regulations.
    • (8)When a guest smokes in bed, carries out pranks with regards to fire-extinguishing equipment, or fails to abide by other prohibited acts (limited to what is required for the prevention of fires.) as stated in the terms of use stipulated by this hotel.
  2. When this hotel rescinds the lodging contract based on the stipulations in the previous item, the guest will not be charged for lodging services that they have yet to be provided.

(Lodging registration)

Article 8

  1. Guests are to register the following information at this hotel’s front desk on their date of stay.
    • (1)Guests’ names, ages, genders, addresses, and occupations
    • (2)For foreigners, their nationalities, passport numbers, points of entry, and dates of entry
    • (3)Date of departure and estimated time of departure
    • (4)Other information deemed to be required by this hotel
  2. When guests attempt to pay the fees in Article 12 using methods in place of currency, such as travelers’ checks, hotel vouchers, and credit cards, they are to present them when registering in the previous item.

(Time of using guest rooms)

Article 9

  1. Guests are able to make use of this hotel’s guest rooms from 3 p.m. to the 10 a.m. the next morning. However, when staying for multiple nights in a row, they can use the rooms the entire day, excluding the days of arrival and departure.
  2. Regardless of the stipulations in the previous article, this hotel may accommodate the use of guest rooms at times not stated in the previous item. In this case, the following additional fees will be charged.
    • (1)If they exceed by up to three hours, one-third of the room fee (or 30% of the amount equivalent to the room fee)
    • (2)If they exceed by up to six hours, half of the room fee (or 50% of the amount equivalent to the room fee)
    • (3)If they exceed by more than six hours, the entire room fee (or 100% of the amount equivalent to the room fee)
  3. This amount equivalent to the room fee in the previous item will be deemed as 70% of the basic accommodation fee

(Compliance to the terms of use)

Article 10

Guests are to comply to the terms of use posted in the hotel and stipulated by this hotel when in the hotel.

(Business hours)

Article 11

  1. The business hours of this hotel’s major facilities are as follows, and the detailed business hours of other facilities will be stated on provided pamphlets, noticeboards in different places, and the service directory in each guest room, and so on.
    • (1)Front desk, cashiers, etc. service hours:
      • A Curfew 12 a.m.
      • Front desk service 12 a.m.
      • C Exchange service 10 p.m.
    • (2)Food and beverage, etc. (facilities) service hours::
      • Banquet and wedding, etc. reception 10 a.m. to 8 p.m.
    • (3)Secondary service facility hours:
      • A Breakfast 7 a.m. to 9 a.m.
  2. The times in the previous article are subject to change without prior notice in the event of inevitable circumstances. In such circumstances, guests will be notified through appropriate methods.

(Payment of fees)

Article 12

  1. The breakdown of accommodation fee, etc. that guests should pay depend on what is stated in Annexed Chart 1.
  2. The payment of the accommodation fee, etc. in the previous item is to be paid at the front desk at the departure of the guest or when billed by this hotel by currency or travelers’ checks, hotel vouchers, credit cards, etc. or other replacement methods recognized by this hotel.
  3. After this hotel provides guests with usable guest rooms, even if the guest did not voluntarily stay in them, they will be charged an accommodation fee.

(This hotel’s responsibility)

Article 13

  1. In the fulfillment of lodging contracts or contracts related to them, or if their default causes damages to the guest, this hotel will compensate the guest for the damages. However, if this is not due to reasons attributed to this hotel, this does not apply.
  2. To respond to the unlikely occasion of a fire, etc., this hotel is under a ryokan liability insurance.

(Handling the inability to provide the contracted guest room)

Article 14

  1. If this hotel is unable to provide a guest with the contracted guest room, it will obtain the guest’s understanding and do its best to mediate other lodging facilities with the same conditions.
  2. Regardless of the stipulations in the previous item, if this hotel is unable to mediate other lodging facilities, it will pay a compensation charge equivalent to the penalty for contract breach to the guest and appropriate that compensation charge to the damages. However, if there is no reason attributed to this hotel regarding their inability to provide the guest room, it will not pay the compensation charge.

(Handling of entrusted items, etc.)

Article 15

  1. If damage or loss is incurred with regards to items entrusted to the front desk or cash as well as valuable items, excluding situations that were inevitable, this hotel will compensate for that damage. However, with regards to cash and valuable items, if the hotel requests for a report of its type and price, if the guest does not comply, this hotel will compensate for that damage up to 300,000 yen.
  2. Regarding items brought into this hotel by the guest or cash and valuable items that were not entrusted to the front desk, if damage or loss is incurred due to the intention or mistake of this hotel, this hotel will compensate for that damage. However, for items that the guest did not report the type or price of, excluding situations in which the hotel had intention or made a grave mistake, this hotel will compensate for that damage up to 300,000 yen.

(Storage of guests’ hand luggage or personal effects)

Article 16

  1. If the guest’s hand luggage reaches this hotel before their stay, only when this hotel has consented before its arrival will this hotel be responsible for it and store it until it is handed over to the guest when they check in at the front desk.
  2. After the guest has checked out, if the guest has left their hand luggage or personal effects at this hotel, when the owner of the item has been identified, this hotel will contact the relevant owner and ask for instructions. However, if there are no instructions from the owner or if the owner is not identified, it will be stored for seven days including the date of discovery, after which it will be delivered to the nearest police station.
  3. The hotel’s responsibility regarding the storage of guests’ hand luggage and personal effects under the circumstances of the previous two items will be as stipulated in the first item of the previous article in the case of the first item and as stipulated in the second item of the same article in the case of the previous item.

(Parking responsibility)

Article 17

If a guest makes use of this hotel’s carpark, regardless of whether the vehicle’s key is entrusted, this hotel lends the space and does not bear any responsibility for the management of the vehicle. However, in the management of the carpark, if damage is incurred due to this hotel’s intention or mistake, it will be responsible for compensation.

(Guests’ responsibility)

Article 18

If this hotel suffers damage due to a guest’s intention or mistake, the relevant guest will compensate this hotel for the damage.

Annexed Chart 1 Breakdown of Accommodation Fee, etc. (related to Article 2, Item 1 and Article 12, Item 1)

  Breakdown
Total amount to be paid by the guest Accommodation fee (1)Basic accommodation fee (room fee (and room fee + breakfast and other food and beverage fees))
(2)Service fee ((1)×15%)
Additional fees (3)Additional beverage fee (excluding whatever is included in (1))
(4)Service fee ((3)×15%)
Tax A Consumption tax
B Bathing tax (hot spring only)

Note

  1. The basic accommodation fee depends on the fee chart displayed at the front desk.
  2. The child fee applies to elementary school students or younger, and this hotel will charge 70% of the adult fee if adult meals, bedding, etc. are provided, 50% if meals and bedding for children are provided, and 30% if only bedding is provided.

Annexed Chart 2 Penalty for Contract Breach (related to Article 6, Item 2)

  Day that the notification of rescission of contract is received
Number of contract applicants No-show The day itself Previous day Two days before
Up to 14 100% 100% 50% 30%
15 and above 100% 100% 50% 30%

(Note)

  1. % is the ratio of penalty for contract breach with regards to the basic accommodation fee.
  2. If the number of contract days has been decreased, regardless of the number of days it was shortened by, one day's worth (first day) of penalty of contract breach will be charged.
  3. If there has been a rescission of contract for a portion of a group of guests (15 and above), penalty for contract breach will not be charged for the number of people that is 10% of the number of guests (10 days before their stay (if it is a fraction, round up.) if the application is received after that day, the day that it is received).

October 2012, Tsukasa Royal Hotel