Terms and Conditions for Accommodation Contracts

FUTATABI FUTABA FUKUSHIMA

Terms and Conditions for Accommodation Contracts

(Scope of application)

Article 1

1. Contracts for Accommodation and related agreements to be entered into between the Hotel and the Guest to be accommodated shall be subject to these Terms and Conditions. Any particulars not provided for herein shall be governed by laws and regulations, etc. (meaning laws and regulations, or what is based on laws and regulations; hereinafter the same applies) 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

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 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. If Guests request to extend their stay, during their stay, beyond the date in Item (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 pursuant to 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.
3. The deposit shall be first used for the Total Accommodation Charge to be paid by the Guest, secondly for cancellation charges under Article 7 and thirdly for reparations under Article 19 as applicable. The remainder, if any, shall be refunded at the time of payment for accommodation as stated in Article 13.
4. When the Guest has failed to pay the deposit under Paragraph 2 by the date specified by the Hotel 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.

(Request for Cooperation for Preventing the Spread of Infection in Hotel Facilities)

Article 4-2

The Hotel may request the Guest seeking Hotel accommodation to provide cooperation under the provisions of Article 4-2, Paragraph (1) of the Hotel Business Act (Act No. 138 of 1948).

(Prohibitions by Guest)

Article 5

1. The Guest shall not transfer or resell his/her status under the Accommodation Contract to a third party.
2. The Guest shall not allow any person other than the Guest himself/herself to use the Hotel facilities exclusive to the Guest without prior approval of the Hotel.
3. The Hotel may contact the address notified in advance by the Guest for confirmation of booking, etc., and in such cases, the Guest shall respond to the contact from the Hotel unless there are unavoidable circumstances.

(Refusal of Accommodation Contracts)

Article 6

The Hotel may not accept the conclusion of an Accommodation Contract under any of the following cases: provided, however, that this Paragraph does not mean that the Hotel may deny accommodation in cases other than the cases listed in Article 5 of the Hotel Business Act:

(Explanation on Refusal of Conclusion of Accommodation Contract)

Article 6-2

When the Hotel does not accept the conclusion of an Accommodation Contract pursuant to the preceding Article, the Guest seeking accommodation may request the Hotel to give an explanation about the reason.

(Right to Cancel Accommodation Contracts by the Guest)

Article 7

1. 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 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. 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.

(Right to Cancel Accommodation Contract by the Hotel)

Article 8

1. The Hotel may cancel the Accommodation Contract under any of the following cases. However, this Paragraph does not mean that the Hotel may deny accommodation except in the cases listed in Article 5 of the Hotel Business Act;
   • (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 and good morals in regard to his/her accommodation;
   • (2) When the Guest is found to fall under any of the following three items:
     • (i) When the Guest is found to be an organized crime group, an organized crime group member, an organized crime group associate member, a person having connection or relation with an organized crime group or any other anti-social forces;
     • (ii) When the Guest is found to be a corporation or organization whose business operation is controlled by an organized crime group or am organized crime group member;
     • (iii) When any of officers of the Guest who is a corporation is found to fall under an organized crime group member
   • (3) When the Guest has made any conducts which would cause significant inconveniences to other accommodating guests;
   • (4) When the Guest is a specified infectious disease patient, etc.;
   • (5) When the Hotel and/or hotel staff are violently threatened or unreasonably burdened by the Guest in relation to his/her accommodation (excluding cases where the Guest requests elimination of social barriers pursuant to the provisions of Article 7, Paragraph 2 or Article 8, Paragraph 2 of the Disability Discrimination Elimination Act);
   • (6) When the Guest repeatedly makes demands to the Hotel that have the risk of imposing an excessive burden on the Hotel and making it extremely difficult to offer accommodation services to other guests as prescribed in Article 5-6 of the Regulation for Enforcement of the Hotel Business Act;
   • (7) When the Hotel is unable to provide accommodation due to natural calamities and /or any other force majeure events;
   • (8) When the provisions of the Hotel Business Act Enforcement Ordinance of the prefecture having jurisdiction over the location of the Hotel are applicable;
   • (9) When the Guest does not observe prohibited actions such as smoking in bed, mischief to the fire-fighting facilities and other prohibitions of the House Regulations stipulated by the Hotel (restricted to particulars deemed necessary in order to avoid the causing of fires)
2. In the case when the Hotel has cancelled the Accommodation Contract pursuant to 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 the Guest has not received.

(Explanation on Refusal of Conclusion of Accommodation Contract)

Article 8-2

When the Hotel has canceled the Accommodation Contract pursuant to the preceding Paragraph, the Guest may request the Hotel to give an explanation about the reason.

(Registration)

Article 9

1. Guest shall register the following particulars at the front desk of the Hotel on the day of accommodation:
   • (1) Name, address and contact details of the Guest;
   • (2) For Guests of foreign nationality who do not reside within Japan; nationality, passport number;
   • (3) Other particulars deemed necessary by the Hotel.
2. In the case where the Guest intends to pay his/her accommodation charges prescribed in Article 13 by any means other than Japanese currency, such as traveler’s cheque, 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 10

1. The Guest is entitled to occupy the contracted guest room of the Hotel from 3 p.m. to 10 a.m. the next day. However, in the case the guest room is contracted 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, extra charges shall be paid as follows:
   • (1) Up to 3 hours: 30% of the room charge
   • (2) Up to 6 hours: 50% of the room charge
   • (3) More than 6 hours: 100% of the room charge

(Observance of Hotel Regulations)

Article 11

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

(Business Hours)

Article 12

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 as provided, notices displayed in various places, service directories in guest rooms and others.
   • (1) Service hours of front desk, cashier’s desk, etc.
     • (i) Closing time: 24:00
     • (ii) Front service: Open 24 hours
   • (2) Service hours for food and beverage (facilities)
     • (i) breakfast: 7:00-9:30
     • (ii) lunch: 11:30-14:30
     • (iii) dinner: 18:00-21:30
     • (iv) café: 11:30-14:30
     • (v) bar: 18:00-22:00 (only on Fridays, Saturdays, Sundays)
2. The business hours under the preceding Paragraph are subject to temporary changes due to unavoidable circumstances of the Hotel. In such cases, the Guest shall be informed by appropriate means

(Payment of Accommodation Charges)

Article 13

1. The particulars of accommodation charges, etc. that the Guest shall pay are as listed in the attached Table No. 1.
2. Accommodation Charges, etc. as stated in the preceding Paragraph shall be paid by currency, or by any means other than currency such as traveler’s cheques, 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 for him/her by the Hotel.

(Liabilities of the Hotel)

Article 14

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 failure of 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 conducts regular inspection of fire-prevention objects under the Fire Service Act. Furthermore, 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 15

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 16

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. For cash and valuables, however, the Hotel shall compensate the Guest up to a maximum of 300,000 yen when the Hotel requested the Guest for an appraisal of the kind and value of such cash and valuables and the Guest has failed to do so.
2. The Hotel shall compensate the Guest for the damage when loss, breakage or other damage is caused, through intention or 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 goods for which the Guest has not made an advance declaration with respect to type and value

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

Article 17

1. When the baggage of the Guest is brought into the Hotel before his/her 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/her check-in.
2. When the baggage or belongings of the Guest are found left after his/her 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 identified, 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 with the provisions of Paragraph 2 of the same Article in the case of Paragraph 2.

(Liability for Parking)

Article 18

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 at 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 19

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

(Changes to Terms and Conditions)

Article 20

1. These Terms and Conditions are the standard terms and conditions based on the Civil Code, and the provisions of these Terms and Conditions may be changed pursuant to the provisions of the Civil Code when such changes conform to the general interests of guests or there are reasonable grounds to believe that such changes are necessary.
2. Changes to these Terms and Conditions shall be applied as from the effective date specified on the Company’s prescribed website in which the content of the provisions of the changed Terms and Conditions are posted.

Attached Table 1 Content of Accommodation Charges, etc. (Ref. Article 2, Paragraph 1 and Article 13, Paragraph 1)

Remarks

1. The basic accommodation charge is subject to the tariff specified by the Hotel.
2. Children aged twelve years or older are subject to the same charge as that of an adult in the Hotel. However, different charges may be set for children according to seasons and/or accommodation plans.

Attached Table 2 Cancellation Charge (Ref. Article 7, Paragraph 2)

Note

1. A cancellation charge shall arise on and after the date of receipt of a notice of cancellation of the contract from the Guest.
2. The percentages signify the rate of cancellation charge to the Basic Accommodation Charges (room charge). However, for an accommodation package with breakfast, etc. included, the amount of the accommodation package notified (package charge) shall be paid as a cancellation charge.
3. When the number of days contracted is shortened, the cancellation charge for one (1) day (the first day) of the cancelled period shall be paid by the Guest regardless of the number of days shortened.
4. When part of a group booking (for 15 persons or more) is canceled, the cancellation charge shall not be charged for persons in the booking equivalent to 10% (with fractions rounded up) of the total number of persons if cancellation is made 10 days prior to occupancy (when accepted less than 10 days prior to the occupancy, as of the date of acceptance).
5. Furthermore, for an accommodation package planned by the Hotel and/or a specific organization, the Hotel may stipulate cancellation charges different from the ones set forth above.