Scope of Application (Article 1)
- 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. And any particulars not provided for 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, notwithstanding 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 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.
- (3) Accommodation Charges (based, in principle, on the Basic Accommodation Charges listed in the Attached Table No. 1.).
- (4) Other particulars deemed necessary by the Hotel
- 2. In the case when the Guest requests, during the 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 request is made.
Conclusion of Accommodation Contracts, etc. (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 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 provisions of the preceding Paragraph, the Guest is requested to pay an accommodation deposit fixed by the Hotel within the limits of the Basic Accommodation Charges covering the period of stay (or a period of three days for stays longer than three 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, 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, 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)
- 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 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)
- 1. In any of the following cases, the Hotel may decline to conclude an Accommodation Contract:
- (1) When the application for accommodation does not conform with these Terms and Conditions.
- (2) When the Hotel is fully booked, and no room is available.
- (3) When the person applying for accommodation is deemed likely by the Hotel to behave in a manner that will contravene the laws or act against the public order or good morals in regard to the accommodation.
- (4) When the person applying for accommodation can be clearly identified by the Hotel as carrying an infectious disease.
- (5) When the Hotel determines that it has been requested to assume an unreasonable burden in regard to the accommodation.
- (6) When the Hotel is unable to provide accommodation due to natural calamities, breakdown of the facilities and/or other unavoidable causes.
- (7) When the provisions of Article 5 of the Yamagata Prefecture Ordinance for the Enforcement of Hotel and Ryokan Management Law apply (1. When the person seeking accommodation is deemed likely to engage in gambling, other illegal activities or act in a disorderly manner. 2. When it is clear the person seeking accommodation has an infectious disease. 3. When there is no room available at the accommodation facility and reasons stipulated in the ordinance of another municipality apply.).
- 2. The Hotel will not conclude an Accommodation Contract with the person applying for accommodation if the following apply or are deemed by the Hotel to apply:
- (1) When the applicant is affiliated with an organized crime group or member of an organized crime group, or with a corporation or other organization whose business activities are controlled by an organized crime group or member of an organized crime group, as specified in the Act on Prevention of Unjust Acts by Organized Crime Group Members (enforced March 1, 1992).
- (2) When the Hotel deems that the Guest has behaved in the manner of an organized crime group or a member of an organized crime group, or in a similar manner.
- (3) When an act of violence, injury, threat, extortion, coercive and unreasonable demand, or any other act of a similar nature is observed.
Right to Cancel Accommodation Contracts by the Guest (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 cancellation charges in case of cancellation by the Guest.
- 3. In the case when the Guest does not show by 8:00 p.m. of the accommodation date (or 2 hours after the expected time of arrival if the Hotel is notified of it) without an advance notice, the Hotel may regard the Accommodation Contract as being cancelled by the Guest.
Cancellation of Accommodation Contracts by the Hotel (Article 7)
- 1. Even in cases where the Hotel has concluded an Accommodation Contract in accordance with Paragraph 1 of Article 3, the Hotel may cancel the Accommodation Contract in any of the following cases:
- (1) If the Hotel deems that any of Subparagraphs 3–7 of Article 5 Paragraph 1 apply.
- (2) If a violation of the Rules of Regulations prescribed in Article 10 has taken place, or the Hotel deems that there is a risk of such a violation.
- (3) If there is a justifiable reason to cancel the Accommodation Contract for reasons other than those given in the preceding subparagraphs, or the Hotel deems that there is a justifiable reason to do so.
- 2. Even in cases where the Hotel has concluded an Accommodation Contract in accordance with Paragraph 1 of Article 3, the Hotel will cancel the Accommodation Contract in the event that the Hotel deems Article 5 Paragraph 2 to apply.
- 3. When an Accommodation Contract is canceled by the Hotel in accordance with the previous paragraph (Paragraph 2), fees will not be charged for accommodation, service, etc. not yet provided to the Guest.
Registration (Article 8)
- 1. The Guest shall register the following particulars at the front desk of the Hotel on the day of accommodation:
- (1) Name, age, address and occupation of the Guest(s)
- (2) Nationality, passport number, and port and date of entry in Japan in the case of Guests of foreign nationality
- (3) Date and estimated time of departure
- (4) Other particulars deemed necessary by the Hotel
- 2. In the case when the Guest intends to pay the Accommodation Charges prescribed in Article 12 by any means other than cash, such as traveler’s checks, coupons or credit cards, these credentials shall be shown in advance at time of the registration prescribed in the preceding Paragraph.
Occupancy Hours of Guest Rooms (Article 9)
- 1. The Guest is entitled to occupy the contracted guest room from 2:00 p.m. until 11:00 a.m. the next day. However, in the case when the Guest is accommodated continuously, the Guest may occupy it all day long, 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 room beyond the time prescribed in the same Paragraph.
In this case, the extra charges specified by the Hotel shall apply.
- (1) Up to four hours extra: one third of the room charge
- (2) Up to seven hours extra: one half of the room charge
- (3) More than seven hours extra: full room charge
- 3. The additional charges in the preceding Paragraph 2 will be calculated from the Basic Room Charges specified by the Hotel, even if the Guest is staying with any of the various discounts applied to the room charge.
Observance of Rules and Regulations (Article 10)
The Guest shall observe the Rules and Regulations established by the Hotel, which are posted within the premises of the Hotel.
Business Hours (Article 11)
The business hours of the main facilities, etc. of the Hotel shall be notified in detail by the provided brochures, notices displayed in the Hotel premises, and other means. Business hours are subject to temporary changes due to unavoidable reasons. In such cases, Guests shall be informed by an 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 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 provided by the Hotel.
Liabilities of the Hotel (Article 13)
- 1. The Hotel shall compensate the Guest for the 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 the case 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 for unexpected fire and/or other disasters.
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 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)
- 1. 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 whose nature and value has not been reported in advance by the Guest, the Hotel shall compensate the Guest up to a maximum of 150,000 yen, except in cases where the loss or damage was caused intentionally or by gross negligence on the part of the Hotel.
- 2. The Hotel shall compensate the Guest for damages when loss, breakage or other damage is caused, through intention or negligence on the part of the Hotel, to goods, cash or valuables that have been brought into the premises of the Hotel by the Guest but have not been deposited at the front desk. However, for articles whose nature and value has not been reported in advance by the Guest, the Hotel shall compensate the Guest up to a maximum of 150,000 yen, except in cases where the loss or damage was caused intentionally or by gross negligence on the part of the Hotel.
Custody of Baggage and/or Belongings of the Guest (Article 16)
- 1. When the baggage of the Guest is brought into the Hotel before 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 check-in.
- 2. If baggage or belongings of the Guest have been left behind in the Hotel after the Guest has checked out, and the Hotel has identified the owner of such items, the Hotel shall contact the owner and request instructions. However, if no instructions are received from, or the Hotel cannot identify the owner, the Hotel will deliver the items to the nearest police station within seven days of discovering the items.
- 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.
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 the Hotel simply offers the space for parking, regardless of whether the key of the vehicle has been deposited with the Hotel or not. However, the Hotel shall compensate the Guest for 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 damage caused through intention or negligence on the part of the Guest.
Disclaimer (Article 19)
The Guest shall be responsible for usage of computer-based communications by the Guest within the Hotel. The Hotel bears no liability whatsoever for interruptions of service resulting from system failures or any other causes during use, nor for any cases where damage is incurred to the user as a result of such interruptions of service. Furthermore, if the Hotel deems that the Guest has used computer communications improperly, the Guest shall compensate the Hotel and any third parties for any damage caused.
Governing Language (Article 20)
While this Agreement has been written in both Japanese and English, in the event of any conflict between the original Japanese text and the English translation, the provisions of the Japanese text shall prevail.
Governing Law (Article 21)
In the event that any disputes arise in relation to this Agreement, they shall be settled in accordance with Japanese law at the court of Japan that exercises jurisdiction over the location of the Hotel.
Attached Table 1
Calculation method for Accommodation Charges, etc. (ref. Paragraph 1 of Article 2, Paragraph 2 of Article 3, and Paragraph 1 of Article 12)
※This table can be scrolled horizontally
(Remarks) Basic Accommodation Charges are quoted from the fees list posted at Front Reception and within guest rooms.
Attached Table No. 2: Cancellation Charges
Cancellation Charges (Ref. paragraph 2 of Article 6)
※This table can be scrolled horizontally
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 charges shall not be charged for the number of persons equivalent to 10% of the number of persons booked (fractions counted as a whole number) as of 10 days prior to the occupancy (when accepted less than 10 days prior to the occupancy, the accepted date is applied).