Accommodation Contract

Article 1 - Scope of Application

1. Contracts for accommodation and related agreements entered into between this Hotel and the Guest shall be subject to these Terms and Conditions. Any matters not provided for herein shall be governed by laws and regulations (meaning laws and regulations or provisions based thereon; the same shall apply hereinafter) or generally established practices.
2. Where the Hotel agrees to a special agreement that does not contravene laws and regulations or established practices, such special agreement shall take precedence over these Terms and Conditions, notwithstanding the preceding Paragraph.

Article 2 - Application for an Accommodation Contract

1. A person wishing to apply for an Accommodation Contract with the Hotel shall provide the Hotel with the following particulars:
   1. Name of the Guest(s).
   2. Contact information of the Guest(s).
   3. Date(s) of accommodation and estimated time of arrival.
   4. Accommodation charges (in principle, the Basic Accommodation Charges listed in Attached Table No. 1).
   5. Other particulars deemed necessary by the Hotel.
2. If the Hotel requests a guest list stating the names, addresses, contact information and other particulars of the Guests, the person who applied for the Accommodation Contract shall submit it immediately, even after the Accommodation Contract has been concluded.
3. If, during the stay, the Guest requests an extension beyond the accommodation date(s) specified in Paragraph 1, Item (3), the Hotel shall treat the request as an application for a new Accommodation Contract at the time the request is made.
4. A Guest requiring special consideration shall notify the Hotel when applying for the Accommodation Contract. The Hotel shall accommodate the request to the extent possible.
5. The Guest shall bear the costs of any special measures taken by the Hotel for the Guest in response to the request specified in the preceding Paragraph.

Article 3 - Conclusion, etc. of the Accommodation Contract

1. The Accommodation Contract shall be concluded when the Hotel accepts the application referred to in the preceding Article.
2. If the Hotel displays an incorrect accommodation rate on an Internet website or quotes an incorrect accommodation rate by telephone, and accepts an application for an Accommodation Contract based on that rate, the Hotel may rescind the Accommodation Contract on the grounds that its acceptance was made under a mistake within the meaning of the Civil Code, if the rate is substantially lower than the accommodation rates for dates immediately before or after the relevant date, unless a reason for the low rate, such as "limited offer," "special offer" or "campaign," was displayed or explained.
3. The Hotel may telephone the contact number provided by the Guest to confirm the reservation on any date before the scheduled accommodation date.
4. When an Accommodation Contract has been concluded pursuant to Paragraph 1, the Hotel may require the Guest to pay an accommodation deposit, in an amount determined by the Hotel up to the Basic Accommodation Charges for the period of stay (three days if the stay exceeds three days), by the date specified by the Hotel.
5. The deposit shall first be applied to the accommodation charges ultimately payable by the Guest. If circumstances requiring application of Articles 7 and 19 arise, the deposit shall then be applied to cancellation charges and subsequently to compensation for damages, in that order. Any remaining balance shall be refunded when the charges are paid pursuant to Article 13.
6. If the deposit specified in Paragraph 4 is not paid by the date specified by the Hotel pursuant to that Paragraph, the Accommodation Contract shall cease to be effective. This shall apply only if the Hotel has informed the Guest of this consequence when specifying the payment deadline.
7. The Hotel may request payment of accommodation charges at check-in and, for consecutive-night stays, may request settlement of the charges for nights already stayed at any time.

Article 4 - Refusal to Conclude an Accommodation Contract

1. The Hotel may decline to conclude an Accommodation Contract in any of the following cases.
   1. When the application for accommodation does not comply with these Terms and Conditions.
   2. When the Hotel is fully booked and no guest room is available.
   3. When the person seeking accommodation is considered likely to engage, in connection with the accommodation, in conduct contrary to laws and regulations, public order or good morals.
   4. When the person seeking accommodation repeatedly makes complaints or demands without reasonable grounds within the Hotel, or is considered likely to engage in unlawful conduct that disturbs the peaceful order of the Hotel.
   5. When the person seeking accommodation is considered to fall within any of the following categories (a) to (c):
      1. An organized crime group as defined in Article 2, Item (2) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991) (hereinafter an "Organized Crime Group"); an organized crime group member as defined in Article 2, Item (6) of the same Act (hereinafter an "Organized Crime Group Member"); an associate member of, or person affiliated with, an Organized Crime Group; or any other antisocial force.
      2. A corporation or other organization whose business activities are controlled by an Organized Crime Group or an Organized Crime Group Member.
      3. A corporation with an officer who is an Organized Crime Group Member.
   6. When the person seeking accommodation engages in speech or conduct that causes significant disturbance to other Guests.
   7. When the person seeking accommodation is a patient or other person specified in Article 4-2, Paragraph 1, Item (2) of the Hotel Business Act in relation to a specified infectious disease (hereinafter a "Patient, etc. with a Specified Infectious Disease").
   8. When a violent demand is made in connection with the accommodation.
   9. When the person seeking accommodation falls under Article 5, Paragraph 1, Item (3) of the Hotel Business Act.
   10. When accommodation cannot be provided due to a natural disaster, malfunction of facilities, staff shortages or other unavoidable circumstances.
   11. When the applicant for accommodation has concealed their own commercial purpose in making the application.
   12. When the Hotel determines that it has no choice, legally or in practice, but to suspend operations due to an order, instruction, recommendation or the like from a governmental or public authority.
   13. When, in relation to a Guest or other person with a fever or cough, the Hotel lacks the physical capacity or personnel to implement infection-prevention measures required legally or in practice by an order, instruction, recommendation or the like from a governmental or public authority.
   14. When Article 10 of the Hyogo Prefectural Ordinance for Enforcement of the Hotel Business Act applies.

Article 5 - Requests for Cooperation with Infection-Prevention Measures at the Hotel

1. In accordance with Article 4-2 of the Hotel Business Act (Act No. 138 of 1948), the Hotel may request persons seeking accommodation to provide cooperation necessary to prevent infection with a specified infectious disease.
2. A person seeking accommodation may not refuse a request for cooperation under the preceding Paragraph without a justifiable reason. If a person fails to cooperate without a justifiable reason and is subsequently found to be a patient with a specified infectious disease, that person shall bear all losses suffered by the Hotel, including the costs of disinfection and other infection-prevention measures necessitated by that person's use of the facilities, and lost profits from facilities rendered unusable during that period.

Article 6 - Liquidated Damages

1. A Guest who smokes in a non-smoking guest room (including the use of electronic cigarettes or heated tobacco products) shall pay JPY 150,000 as a contractual penalty covering the costs of deodorizing the room and related measures.
2. If, in the circumstances described in the preceding Paragraph, the room cannot be offered for sale for a period due to deodorizing or related measures, the Guest shall also pay an amount equivalent to the accommodation charges for that period, in addition to the contractual penalty specified in the preceding Paragraph.
3. The preceding two Paragraphs shall also apply where comparable damage is caused by chemicals, animal odors, food odors or other items that emit strong odors.

Article 7 - Right of the Guest to Cancel the Accommodation Contract

1. The Guest may cancel all or part of the Accommodation Contract at any time by paying the Hotel the cancellation charges specified in Attached Table No. 2.
2. If the Guest fails to arrive without contacting the Hotel by 8:00 p.m. on the accommodation date (or two hours after the estimated arrival time, where an estimated arrival time has been specified in advance), the Hotel may treat the Accommodation Contract as having been cancelled by the Guest. In that case, the Hotel shall charge the cancellation charges specified in Attached Table No. 2.

Article 8 - Right of the Hotel to Cancel the Accommodation Contract

1. The Hotel may cancel the Accommodation Contract in any of the following cases:
   1. When the Guest is considered likely to engage, or is considered to have engaged, in conduct contrary to laws and regulations, public order or good morals in connection with the accommodation.
   2. When the Guest falls under Article 5, Paragraph 1, Item (3) of the Hotel Business Act.
   3. When the Guest is a Patient, etc. with a Specified Infectious Disease.
   4. When the Guest is considered to fall within any of the following categories (a) to (c):
      1. An Organized Crime Group, an Organized Crime Group Member, an associate member of, or person affiliated with, an Organized Crime Group, or any other antisocial force.
      2. A corporation or other organization whose business activities are controlled by an Organized Crime Group or an Organized Crime Group Member.
      3. A corporation with an officer who is an Organized Crime Group Member.
   5. When the Guest engages in speech or conduct that causes significant disturbance to other Guests.
   6. When a violent demand is made in connection with the accommodation.
   7. When accommodation cannot be provided due to a natural disaster or other force majeure.
   8. When Article 10 of the Hyogo Prefectural Ordinance for Enforcement of the Hotel Business Act applies.
   9. When the Guest fails to observe prohibitions in the Hotel Regulations established by the Hotel, including smoking in bed, tampering with firefighting equipment or other prohibited conduct.
   10. When, after the Accommodation Contract has been concluded, the circumstances specified in Article 4, Paragraph 1, Item (11) are discovered.
   11. When the applicant for accommodation fails to comply immediately with a request from the Hotel made pursuant to Article 2, Paragraph 2.
   12. When the Hotel determines that it has no choice, legally or in practice, but to suspend operations due to an order, instruction, recommendation or the like from a governmental or public authority.
   13. When, in relation to a Guest or other person with a fever or cough, the Hotel lacks the physical capacity or personnel to implement measures to prevent infectious diseases required legally or in practice by an order, instruction, recommendation or the like from a governmental or public authority.
   14. When a breach of the Accommodation Contract is not remedied despite a request to do so.
2. When the Hotel cancels the Accommodation Contract pursuant to the preceding Paragraph, it shall not charge the Guest for accommodation services or other services not yet provided. However, if the cancellation is based on conduct of the Guest during the stay that constitutes a ground for cancellation, the Hotel may require payment of charges for accommodation services or other services not yet provided as a contractual penalty.

Article 9 - Registration

1. On the accommodation date, the Guest shall register the following particulars at the Front Desk of the Hotel:
   1. Name, age, address and contact information of the Guest(s).
   2. For foreign nationals: nationality, passport number, place of entry into Japan and date of entry.
   3. Departure date and estimated departure time.
   4. Other particulars deemed necessary by the Hotel.
2. If the Guest intends to pay the charges referred to in Article 13 by travelers' checks, accommodation vouchers, credit cards or other means in lieu of currency, the Hotel may require such instruments to be presented in advance at the time of registration under the preceding Paragraph.

Article 10 - Occupancy Hours of Guest Rooms

1. The Guest may use the Hotel's guest room from 3:00 p.m. until 10:00 a.m. the following morning. For consecutive-night stays, the Guest may use the room throughout the day, except on the arrival and departure dates.
2. Notwithstanding the preceding Paragraph, the Hotel may permit use of the guest room outside the hours specified therein. In such cases, the following additional charges shall apply:
   1. Up to 3 hours: 30% of the equivalent room charge.
   2. Up to 6 hours: 60% of the equivalent room charge.
   3. 6 hours or more in excess: 100 % of the equivalent room charge.
3. The amount equivalent to the room charge referred to in the preceding Paragraph shall be 70% of the Basic Accommodation Charges.

Article 11 - Observance of Hotel Regulations

1. While on the Hotel premises, the Guest shall observe the Hotel Regulations established by the Hotel and displayed within the premises.

Article 12 - Business Hours

1. The business hours of the Hotel's principal facilities are as follows. Detailed business hours for other facilities shall be provided in available brochures, notices displayed at various locations, the Service Directory in guest rooms and other means.
   1. Service hours of the Front Desk, cashier, etc.:
      1. Curfew (Closing time) ..... 0:00 a.m.
      2. Front service ..... 7:00 a.m. – 10:00 p.m.
   2. Service hours for food and beverages (facilities):
      1. Breakfast ..... 7:15 a.m. – 9:00 a.m.
      2. Lunch ..... 11:30 a.m. – 3:00 p.m.
      3. Dinner ..... 5:30 p.m. – 9:30 p.m.
      4. Other Drinking and Eating Services, etc.
         * Lobby lounge ..... 7:30 a.m. – 5:30 p.m.
         * Pub The Walrus Club ..... 7:00 p.m. – 11:30 p.m.
         * Karaoke room ..... 7:00 p.m. – 11:30 p.m.
         * Noodle corner ..... 8:00 p.m. – 11:30 p.m.
   3. Incidental service facility hours.
      1. Public Bath ..... 6:00 a.m. – 10:00 a.m. / 3:00 p.m. – 1:00 a.m.
      2. Souvenir shop ..... 8:00 a.m. – 11:00 a.m. / 3:00 p.m. – 18:30 p.m.
      3. Game corner ..... 7:00 a.m. – 10:00 p.m.
2. The hours specified in the preceding Paragraph may be changed temporarily where necessary due to unavoidable circumstances. In such cases, Guests shall be informed by appropriate means.

Article 13 - Payment of Accommodation Charges

1. The breakdown of accommodation charges and other charges payable by the Guest is set out in Attached Table No. 1.
2. The charges specified in the preceding Paragraph shall be paid at the Front Desk upon the Guest's departure or when requested by the Hotel, in currency or by travelers' checks, accommodation vouchers, credit cards or other means accepted by the Hotel in lieu of currency.
3. Accommodation charges shall be payable even if the Guest voluntarily chooses not to stay after the Hotel has provided a guest room and made it available for use.

Article 14 - Liability of the Hotel

1. The Hotel shall compensate the Guest for damage caused in the performance or non-performance of the Accommodation Contract or related agreements. This shall not apply where the damage arises from a cause for which the Hotel is not responsible.
2. The Hotel maintains hotel operators' liability insurance to cover contingencies such as fire.

Article 15 - Handling When Contracted Guest Rooms Cannot Be Provided

1. If the Hotel cannot provide the contracted guest room, it shall, with the Guest's consent, arrange accommodation at another establishment on conditions as similar as possible.
2. If, notwithstanding the preceding Paragraph, the Hotel cannot arrange other accommodation, it shall pay the Guest compensation equivalent to the cancellation charges, and that payment shall be applied toward compensation for damages. However, the Hotel shall not pay such compensation where its inability to provide a guest room arises from a cause for which it is not responsible.

Article 16 - Handling of Deposited Articles

1. If articles, cash or valuables deposited by the Guest at the Front Desk are lost, damaged or otherwise harmed, the Hotel shall compensate for the damage, except in cases of force majeure. However, for cash and valuables, if the Hotel requests disclosure of their nature and value and the Guest fails to disclose them, the Hotel's liability shall be limited to JPY 300,000, except in cases of willful misconduct or gross negligence on the part of the Hotel.
2. The Hotel cannot accept for safekeeping cash of JPY 300,000 or more, or articles with a market value equivalent to JPY 300,000 or more.
3. If articles, cash or valuables brought onto the Hotel premises by the Guest but not deposited at the Front Desk are lost, damaged or otherwise harmed due to the Hotel's willful misconduct or negligence, the Hotel shall compensate for the damage. However, for items whose nature and value have not been disclosed by the Guest in advance, the Hotel's liability shall be limited to JPY 300,000, except in cases of willful misconduct or gross negligence on the part of the Hotel.
4. Even where the Hotel would otherwise be liable for damages under Paragraphs 1 and 3, it shall not be liable in respect of the following articles:
   1. Manuscripts, design documents, drawings, account books and other similar items (including those recorded on recording media capable of direct processing by information equipment, such as magnetic tapes, magnetic disks, CD-ROMs and optical disks, external storage media, computers and peripheral equipment such as terminal devices).

Article 17 - Custody of Guests' Baggage and Personal Belongings

1. If the Guest's baggage arrives at the Hotel before the Guest's stay, the Hotel shall take responsibility for its safekeeping only if the Hotel has agreed to do so before its arrival, and shall hand it to the Guest when the Guest checks in at the Front Desk.
2. If items believed to be the Guest's baggage or personal belongings are left behind after check-out, the Hotel shall keep them for 15 days, including the date of discovery, and await contact from the Guest. If the Guest makes no contact during that period, the Hotel shall deem the items abandoned and dispose of them.
3. The Hotel's liability for safekeeping the Guest's baggage or personal belongings in the circumstances described in the preceding two Paragraphs shall be governed, in the case of Paragraph 1, by Paragraph 1 of the preceding Article and, in the case of Paragraph 2, by Paragraph 3 of the same Article.

Article 18 - Liability in Relation to Parking

1. When the Guest uses the Hotel's parking area, the Hotel provides parking space only and does not assume responsibility for custody of the vehicle, regardless of whether the vehicle key has been deposited with the Hotel. However, the Hotel shall compensate for damage caused by its willful misconduct or negligence in managing the parking area.

Article 19 - Liability of the Guest

1. If the Hotel suffers damage due to the Guest's willful misconduct or negligence, the Guest shall compensate the Hotel for that damage.
2. To ensure the smooth provision of accommodation services under the Accommodation Contract, if the Guest becomes aware that the services provided differ from the terms of the Accommodation Contract, the Guest shall promptly notify the Hotel while at the Hotel.

Article 20 - Jurisdiction and Governing Law

1. Any dispute concerning the Accommodation Contract between the Hotel and the Guest shall be governed by Japanese law, and the district court or summary court having jurisdiction over the Hotel's location shall have exclusive jurisdiction.
2. To ensure the smooth provision of accommodation services under the Accommodation Contract, if the Guest becomes aware that the services provided differ from the terms of the Accommodation Contract, the Guest shall promptly notify the Hotel while at the Hotel.

Article 21 - Procedure for Amending These Terms and Conditions

1. The Hotel may amend these Terms and Conditions and apply the amended Terms and Conditions to Accommodation Contracts with Guests. In such cases, the Hotel shall publish the reasons for the amendment, the details of the amendment and its effective date on the Hotel's website at least one month before the effective date, thereby notifying the public.

〔Table No.1: Calculation Method for Accommodation Charges〕
  (Ref. Paragraph 1 of Article 2 and Paragraph 1 of Article 13)

Total amount to be paid by the guest

• □Accommodation charges　
    (1) Basic accommodation charge (Room charge including breakfast and other food and beverage expenses)
    (2) Service charge [(1) x 15%]
• □Additional charges　
    (3) Additional food and beverage charge (excluding those included in (1))
    (4) Service charge [(3) x 15%]
• □Tax　　
    (a) Consumption tax
    (b) Hot Spring tax (Spa Tax)

〔Remarks〕

1. The basic accommodation charge is based on the table of charges posted at the Reception.
2. The charge for a 12 years old or younger is as follows:
   If a child takes meals and uses bedding on the same basis as an adult: 70% of the adult's charge.
   If a child takes special meals and uses bedding for children: 50% of the adult's charge.
   If a child only uses bedding: 30% of the adult's charge.
   If a child (infant) does not take any meals or use bedding: 1,100 yen (incl.tax).

〔Table No.2: Cancellation Charge for Hotel (Ref. Paragraph 2 of Article 7)〕

〔Remarks〕

1. The percentages signifies the cancellation charge to the Basic Accommodation Charges.
2. When the number of days contracted is shortened, the cancellation charge for the first day of the cancelled period shall be paid by Guest regardless of the number of days shortened.
3. In the event of cancellation of a contract for a part of a group (15 or more persons), 10% of the number of persons staying at the hotel 10 days prior to the date of stay (or the date of acceptance if the application is accepted after that date) (any fractional number will be rounded up) will not be subject to a penalty.