AgreementAgreement

(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, 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 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) Contact Number:
  • (2) Date of accommodation and estimated time of arrival:
  • (3) Accommodation Charges; (based in principle on the Basic Accommodation Charges listed in the Attached Tabel No.1);
  • (4) 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 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 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.t

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 Article12.

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.

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 a 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 is deemed to be a member of a criminal organization, a crime-syndicate related organization, and/or a member of any other group which is an anti-social force;
  • (5) When the Guest seeking accommodation is deemed to be a member of a corporate body, or of any other organization, which is dominated by members of criminal organizations;
  • (6) When the Guest seeking accommodation is deemed to be a member of a corporate body which has a board member connected to a member of a criminal organization;
  • (7) When the Guest seeking accommodation makes a public nuisance which disturbs other hotel guests;
  • (8) When the Guest seeking accommodation triggers serious violence on the premises of the hotel and/or serious violence which involves hotel staff, and also, when the Guest makes requests of the hotel staff which goes beyond legitimate bounds;
  • (9) When the Hotel is unable to provide accommodation due to natural calamities, complete breakdown of hotel facilities, and due to any other unavoidable circumstances;
  • (10) Ordinance, Kyoto Prefectural Government (Refusal of Accommodation Contracts) are applicable; Ordinance Governing the Operation of Places of Accommodation (Refusal of Accommodation Contract)
    • (1) Very intoxicated persons and other persons who are deemed likely to trouble other Guest.
    • (2) Persons who in the course of their stay are deemed likely to trouble other Guests by singing loudly, behaving boisterously, holding parties, performing on musical instruments, etc.
    • (3) Persons who clearly do not have the capacity to pay the charges.
    • (4) Persons whose conduct is deemed to be suspicious.
    • (5) When other reasons are legitimate

(Cancellation of 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 the cancellation charges in case of cancellation by the Guest.

3. In the case when the Guest does not appear by 8:00 p.m. of the accommodation date (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.

4. When a reservation has been considered as cancelled in accordance with the previous Paragraph, the Hotel will not require payment of the cancellation charge if the Guest is able to prove that his failure to appear or notify the Hotel was due to the delay or non-arrival of a train, airplane or other public conveyance and not to any cause due to him.

(Cancellation of accommodation Contracts by the Hotel)

Article 7.

1. The Hotel may cancel the Accommodation Contract under any of the following cases;

  • (1) When the Hotel is unable to provide accommodation due to natural calamities, complete breakdown of hotel facilities, and due to any other unavoidable circumstances;
  • (2) When it is obvious that the Guest may be carrying an infectious disease;
  • (3) When any of the provisions of the ordinances of the Hotel Business Law in Kyoto (Refusal of Accommodation Contracts ) are applicable;
  • (4) When the Guest is deemed to be a member of a criminal organization, a crime-syndicate related organization and/or a member of any other group which is an anti-social force;
  • (5) When the Guest is deemed to be a member of a corporate body, or of any other organization, which is dominated by members of criminal organizations;
  • (6) When the Guest is deemed to be a member of a corporate body which has a board member connected to a member of a criminal organization;
  • (7) When the Guest makes a public nuisance which disturbs other hotel guests;
  • (8) When the Guest triggers serious violence on the premises of the hotel and/or serious violence which involves hotel staff, and also, when the Guest makes requests of the hotel staff which goes beyond legitimate bounds;
  • (9) When the Guest does not obey any of the prohibitions of the House Regulations as stipulated by the Hotel which are deemed necessary for fire prevention, such as rules against smoking in bed, rules against interfering without due cause with the fire-fighting facilities, and any other rules which are intended to protect the hotel against fire.

2. In the case when 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 of the services in the future during the contractual period which he has 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) Name, age, sex, address and occupation of the Guest(s);
  • (2) Except Japanese, nationality, passport number, port and date of entry in Japan;
  • (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 his Accommodation Charge prescribed in Article 12 by any means other than Japanese currency, such as coupons or credit cards, these credentials shall be shown in advance at the 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 of the Hotel from 3:00 p.m. till Noon 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 precribed in the same Paragraph. In this case, extra charges shall be paid as follows:

  • (1) Until 3:00p.m., 1/3 of the room charge
  • (2) Until 6:00p.m., 1/2 of the room charge
  • (3) After 6:00p.m., room charge in full

(Observance of House Regulations)

Article 10.

The Guest shall observe the House Regulations established by the Hotel, which are posted within the premises of the Hotel.

(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 asprovided, notices displayed in each place, service directories in Guestrooms and others.

  • (1)Service hours of front desk, cashier's desk, etc.
    • (a) Closing time open 24 hours
    • (b) Front service open 24 hours
  • (2) Service hours (at facilities) for dining, drinking, etc.
    • ● Terrace Restaurant FEERIE / 1F
    • (B)7:00~10:30(Last Order10:00)
    • (L)Weekday 11:30~15:00(Last Order 14:30)
      Sat,Sun&Public Holiday ①11:30~13:00 ②13:30~15:00
    • (D)Weekday 17:30~22:00(Last Order 21:00)
      Sat,Sun&Public Holiday 17:00~22:00(Last Order 21:00)
    • ● Room Service
    • (B)7:00~10:00 (D)17:30~23:00
    • ● Japanese Restaurant HOTARU / 1F
    • (B)7:00~10:00(Last Order 9:30)
    • (L)11:30~15:00(Last Order 14:30)
    • (D)17:30~22:00(Last Order 20:30)
    • ● Teppanyaki HIMOROGI / 1F
    • (L)11:30~15:00(Last Order 14:30)
    • (D)17:30~22:00(Last Order 21:00)
    • ● Chinese Restaurant KAKAN / 2F
    • (L)11:30~15:00(Last Order 14:30)
    • (D)17:30~22:00(Last Order 21:00)
    • ● Lounge,Bar COUR AU MIDI / 1F
    • Weekday 10:30~23:30(Last Order 23:00)
    • Sat,Sun&Public Holiday 9:00~23:30(Last Order 23:00)

2. The business hours specified in the preceding Paragraph are subject totemporary changes due to unavoidable causes of the Hotel. In such acase, 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 shallbe paid with Japanese currency or by any means other than Japanese currency such as 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 doesnot utilze the accommodation facilities provided for him by the Hoteland are at his disposal.

(Liabilities of the Hotel)

Article 13.

1. The Hotel shall compensate the Guest for damage if the Hotel hascaused such damage to the Guest in the fulfillment or the nonfulfillmentof the Accommodation Contract and/or related agreements. However,the same shall not apply in case then such damage has been caused due toreasons for which the Hotel is not liable.

2. Even though the Hotel has received the“PASS MARK”(Certificate ofexcellence of Fire Prevention Standard issued by the fire station), furthemore, the Hotel is covered by the Hotel Liability Insurance inorder to deal with 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 not wish standing 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.

2. The Hotel shall compensate the Guest for the damage when loss,breakage or other damage is caused through intention of 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 the 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 150,000 yen.

(Custody of Baggage and/or Belongings of the Guest)

Article 16.

1. 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 are quest 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 is found left after his 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 instruction is given to the Hotel by the owner or when the ownership is not confirmed, the Hotel shall keep the article for 7 days 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 in 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,whether the key of the vehicle has been deposited to the Hotel or not. 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.