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Terms and Conditions for Accommodation

Terms and Conditions for Accommodation

Article 1. Scope of application

These Terms and Conditions for Accommodation (these “Terms and Conditions”) and the Hotel Room Rules of Use integral to these Terms and Conditions (the “Hotel Room Rules of Use”) regulate matters concerning the accommodation contract and related agreements that the HOTEL RAKURAGU (the “Hotel”) concludes with its guests. Matters not stipulated in these Terms and Conditions shall be governed by laws and regulations or established common practice.
In cases where the Hotel has in accordance with laws, regulations, and common practice agreed to special provisions, such special provisions shall prevail irrespective of the stipulations in the preceding paragraph.
By making a reservation with the Hotel, you agree to comply with, and be bound by, all hotel rules, regulations, disclaimers, waivers of liability, and policies as prescribed by the Hotel from time to time; all reasonable directions, orders and/or instructions imposed by the Hotel; and all applicable local laws and regulations of Japan during your stay.

Article 2. Application to enter into an accommodation contract

A party seeking to enter into an accommodation contract with the Hotel (reservation to stay overnight) shall provide the Hotel with the following information in accordance with Article 6 of the Hotel Business Act, Article 4-2 of the Ordinance for Enforcement of the Hotel Business Act, and the ordinances of the local government where the Hotel is located:
1. Name of guest(s) (hereinafter referred to individually as “Guest” and collectively as “Guests”)
2. Accommodation date(s) and prospective arrival time
3. Hotel room charges (As a general rule, based on the method of calculation in Chart 1)
4. Guest contact information
5. Other information required by the Hotel.
If a change to the information provided to the Hotel in accordance with the preceding paragraph occurs, the Guest shall promptly notify the Hotel of the change.
While occupying the hotel room, if a Guest requests to extend his/her stay beyond the accommodation date(s) provided pursuant to item (2) of paragraph 1, the Hotel shall treat the application in the same manner as a new accommodation contract that is made at that time.

Article 3. Conclusion of an accommodation contract

An accommodation contract shall be concluded when the Hotel has approved an application pursuant to the preceding Article.
When an accommodation contract has been concluded in accordance with the preceding paragraph, the hotel room charge and taxes for the entire occupancy period shall be due for payment, either before the commencement of the hotel room occupancy period or no later than a date to be specified by the Hotel.
In any of the following cases, the Hotel may treat a Guest’s accommodation contract application as being made without an actual intention to stay overnight. In such a case, the accommodation contract becomes void.
1. If the hotel room charge and taxes set out in the preceding paragraph is not paid in accordance with the preceding paragraph, before the commencement of the hotel room occupancy period or up to and including the date specified by the Hotel;
2. If the Hotel cannot contact the Guest using the contact information provided, in accordance with Article 2.1, within ten days from the day when the Hotel first attempted to contact the Guest, (or, if the period remaining before commencement of the hotel room occupancy is less than ten days, then by 15:00 on the commencement date of the hotel room occupancy period);
3. If the Guest refuses to accept any contact from the Hotel.
The Guest shall be deemed to have cancelled the accommodation contract on the day on which the Hotel has treated the accommodation contract as void in accordance with the preceding paragraph and shall be charged a penalty pursuant to Article 5.2.

Article 4. Refusal of an accommodation contract

In any of the following cases, the Hotel may refuse to enter into an accommodation contract:

If a hotel room occupancy application does not comply with these Terms and Conditions;
If the Hotel cannot provide a hotel room because all hotel rooms are occupied;
If circumstances similar to the preceding item apply, including the prospect that the hotel rooms will have to be let on a preferential basis to disaster victims and recovery crews, etc., due to natural disasters or some other state of emergency;
If an applicant for a hotel room is a member, or related to a member, of an organized crime group, a body related to an organized crime group, or other anti-social forces in accordance with the Act on Prevention of Unjust Acts by Organized Crime Group Members and the ordinances concerning the elimination of organized crime groups;
If an applicant for a hotel room is likely to use the hotel room in violation of laws and regulations, public order, or good morals;
If an applicant for a hotel room has been clearly identified as a contagious or infectious disease carrier;
If, in connection with the use of a hotel room, the Hotel is required to provide services beyond the generally accepted scope or to incur such other burden;
If a hotel room cannot be provided due to natural disasters, facility breakdown, or some other compelling reason;
If an applicant for a hotel room is intoxicated and disorderly and consequently likely to annoy other guests or interfere with the Hotel’s operations, or engages in speech or action that annoys other guests or personnel of the Hotel;
If an applicant for a hotel room is clearly identified as having a serious physical or mental illness;
If a minor applies for a hotel room without the approval of his or her guardian;
If an application for an accommodation contract is made to transfer for profit the right of use to another party;
If an applicant applies for a hotel room without actually intending to stay overnight; or
In other cases where the Hotel may refuse a hotel room occupancy application in accordance with laws, ordinances, etc.

Article 5. Right of the Guest to terminate an accommodation contract

A Guest may terminate the accommodation contract by notifying the Hotel.
When a Guest terminates an accommodation contract partly or entirely pursuant to the preceding paragraph, the Hotel may charge the Guest a penalty in accordance with Chart 2.
If a Guest does not give notice and fails to appear at the Hotel by the scheduled arrival time on the commencement date of hotel room occupancy, the Hotel may consider the accommodation contract to have been terminated by the Guest.

Article 6. Right of the Hotel to terminate an accommodation contract

In any of the following cases, the Hotel may terminate the accommodation contract:
1. If a Guest is a member, or related to a member, of an organized crime group, a body related to an organized crime group, or other anti-social forces provided in the Act on Prevention of Unjust Acts by Organized Crime Group Members and the ordinances concerning the elimination of organized crime groups;
2. If a Guest on the Hotel premises engages in violence, threats, intimidation, undue demands, gambling, possession or use of controlled substances, firearms, swords, and similar items, annoys other hotel guests, disturbs the Hotel staff business, interferes with operation of the Hotel employees, or otherwise contravenes laws and regulations or public order and morals, or if it is likely that a Guest will engage in any of the foregoing;
3. If a Guest is clearly identified as a contagious or infectious disease carrier;
4. If in connection with the use of a hotel room the Hotel is required to provide services beyond the generally accepted scope or to incur such other burden;
5. If a hotel room cannot be provided due to natural disasters, facility breakdown, or some other compelling reason;
6. If an act is committed by a Guest which hinders fire prevention or protection, such as smoking (including use of electronic cigarettes or heated tobacco) in bed or tampering with fire-fighting equipment, etc.;
7. If the right to use the hotel room is transferred for profit, or is attempted to be transferred for profit to another party;
8. When payment of the hotel room charge is unconfirmed. Unconfirmed payments of hotel room charges include payments made shortly before the end of bank business hours, or unrelated to bank business hours, payments made through internet-based banking transactions, and/or when the following day is a bank holiday and money transfers are unable to be ascertained before the commencement of the hotel room occupancy period;
9. Such guests make demands by violence or threat of violence against, or otherwise make demands on the Hotel or its employees exceeding the reasonable extent.
10. If an act is committed in violation of these Terms and Conditions and the Hotel Room Rules of Use; or
11. In other cases where the Hotel may refuse a hotel room occupancy application in accordance with laws, ordinances, etc.
Notice of termination pursuant to the preceding paragraph shall be given orally, by telephone, by e-mail or in writing via the Guest’s contact telephone number, e-mail address, or address provided to the Hotel in accordance with Article 2. If the notice of termination is not received by the Guest via the telephone number, e-mail address, or address provided to the Hotel in accordance with Article 2, the Hotel may apply Article 3.3 and consider the accommodation contract to be void, or may consider that such notice concerning the accommodation contract has been received at the time it would otherwise have been received under normal circumstances.
Except in the cases of items (3) and (5) of paragraph 1, hotel room charges are not refundable if an accommodation contract is terminated or void due to the stipulations in the previous two paragraphs. Furthermore, when the Guest has not paid his/her hotel room charge, the Guest shall be charged an amount equivalent to the hotel room charge as a penalty.

Article 7. Registration of the Guest

In accordance with Article 6 of the Hotel Business Act, Article 4-2 of the Ordinance for Enforcement of the Hotel Business Act, and the ordinances of the local government where the Hotel is located, the Guest shall be required to register the following information at the Hotel’s front desk on the occasion of check-in.

Name, age, and sex of the Guest;
In the case of a foreign guest, nationality, passport number, port of entry, and date of entry (The Hotel has the right to scan and retain scanned copies of customers’ passports as required by the Hotel Business Act.);
Departure date and prospective departure time;
Previous night’s accommodation and travel destination; and
Other information required by the Hotel.

Article 8. Hotel room use availability

The Guest may use a hotel room from the check-in time to the check-out time, as set out by the Hotel. However, if the Guest stays for several consecutive days, the hotel room is permitted to be used around the clock except on the date of arrival and the date of departure.
Irrespective of the preceding paragraph, the Hotel may permit the use of hotel rooms during hours other than those prescribed in the preceding paragraph (hereinafter referred to as the “Overtime Occupancy”), on the condition that the Guest pays the prescribed additional charge. However, when the Hotel is fully booked on the date that the Guest is due to depart, the Overtime Occupancy shall be limited to up to one hour prior to the Hotel’s check-in time on that day.
The amount of the additional charge prescribed in the preceding paragraph shall be ¥2,000 (one thousand yen) per hour per room (including consumption tax and service charges).
If, during Overtime Occupancy pursuant to paragraph 2, the Guest continues to occupy his/her hotel room until less than one prior to the check-in time on the date that the Guest is due to depart, the Guest shall be charged the amount equivalent to the accommodation charge for one night. In such cases, the amount of the accommodation charge shall be that of the standard plan for the date on which the Guest ought to depart.
In the case that a guest uses a room for overtime more than 2 hours in accordance with the main clause of paragraph 2, the Guest shall be charged the amount equivalent to the accommodation charge for one night.
In such cases, the amount of the accommodation charge shall be that of the standard plan for the date prior arrival.

Even within the hours set for hotel room use, pursuant to the preceding paragraphs, the Hotel may, without notifying the Guest, access his/her room for purposes of safety, sanitation and operational management as well as take other necessary measures.

Article 9. Observance of the Hotel Room Rules of Use

On the Hotel premises, the Guest must observe the Hotel Room Rules of Use.
In addition to the Terms and Conditions and Hotel Room Rules of Use, the Guest shall comply with such instructions as the Hotel may deem appropriate from the point of view of safety and hygiene, considering the social conditions prevailing at the time of stay.

If the Guest fails to comply with the Hotel’s instructions without a valid reason, the Hotel may refuse to provide accommodation or cancel the Accommodation Contract in accordance with the provisions of Clause 4 and Clause 6 and require the Guest to leave the Hotel.

Article 10. Business hours

Information on the business hours of each facility of the Hotel can be obtained from the brochures available on the Hotel premises, notice boards in the Hotel, and the information booklet provided in the hotel rooms.
Facility business hours mentioned in the preceding paragraph may be subject to temporary changes when necessary or unavoidable. Changes will be advised in good time beforehand.

Article 11. Payment of charges

The breakdown of the hotel room charges, among others, payable by the Guest, shall be calculated in accordance with Chart 1.
Hotel room charges, among others, pursuant to the preceding paragraph, shall be payable at the front desk or other place specified by the Hotel upon the Guest’s arrival or when requested by the Hotel, or on or before the deadline set by the Hotel, in Japanese currency, either by cash, traveler’s checks accepted by the Hotel, credit card, or other means of settlement accepted by the Hotel.

Article 12. Handling of cases when an agreed hotel room cannot be provided

If the Hotel is unable to provide a Guest with a hotel room as agreed, the Hotel shall, via intermediation, arrange accommodation at a different lodging facility at terms identical as far as possible to those agreed with the Hotel.
If the Hotel is unable to arrange a different lodging facility via intermediation despite the Hotel’s endeavors to do so in accordance with the preceding paragraph, the Hotel may terminate the accommodation contract. In this case, Article 6.2 shall apply to the notice of termination.

Article 13. Handling of deposited items, etc.

The Hotel shall, as a general rule, take custody of any items (including but not limited to valuables and cash, hereinafter referred to as the “Items”) deposited by a Guest at the front desk for up to two weeks from the date deposited. If the Guest fails to request return of the Items during this period, or if the Hotel is unable to contact the customer, the item will be delivered to the nearest police station to the Hotel.
The Hotel will compensate for any loss or damage to items deposited by the Guest with the Hotel due to reasons attributable to the Hotel. However, for the Items which type and value were not, from the outset, clearly stated by the affected Guest, the compensation amount shall be limited to a maximum of ¥100,000 (one hundred thousand yen).
The Hotel shall pay compensation for any loss or damage suffered by a Guest due to the loss of or damage to any Items brought by the Guest onto the Hotel premises that the Guest had in his/her possession or custody, if the loss or damage occurred due to reasons attributable to the Hotel. However, the compensation amount shall be limited to a maximum of ¥50,000 (fifty thousand yen).

Article 14. Custody of Guest’s hand luggage and personal effects

The Hotel shall accept custody of a Guest’s hand luggage arriving in advance only if the Hotel has been contacted beforehand and has agreed to accept such custody.
If a Guest leaves his/her hand luggage or personal effects behind at the Hotel after checking out, the Hotel shall, in principle, retain the items for a period of seven days including the day of discovering the items, and afterward take them to the nearest police station unless any claim for return is made by the Guest during the retention period. However, expensive items and valuables will be brought to the nearest police station immediately after being found. Any food, beverages, magazines, and other items similar to waste not claimed by noon of the day following check-out will be disposed of at the Hotel’s discretion.
For the appropriate storing and prompt return of hand luggage or personal effects left behind, as necessary, the Hotel may at its discretion inspect the content and, take the measures provided for in the preceding paragraph.
The provisions of Article 13.2 shall apply mutatis mutandis to the Hotel’s liability for storage of luggage stored by the Hotel pursuant to paragraph 1.

Article 15. Liability of the Hotel

Notwithstanding the provisions of these Terms and Conditions, which limit the Hotel’s indemnity liability, if a Guest has sustained damage due to the Hotel’s failure to perform the accommodation contract or an agreement related thereto, or due to torts, and the Innkeepers’ Liability Insurance taken out by the Hotel to cover such damage may be applied, the Hotel shall compensate for such damage. However, the compensation amount shall be limited to the maximum amount of insurance proceeds paid in compensation under the insurance policy. However, this shall not apply if the damage is not caused by the Hotel’s fault.
To the extent permitted by law, the Hotel shall not be liable for any personal injury or loss or damage to property caused to any person arising from or in connection with the Guest use or the Guest’s visitors’ use of the Hotel’s facilities, equipment and services.
The Hotel accepts no liability for services rendered by third parties to the Guest or any of the Guest’s visitors notwithstanding that such services may be arranged by the Hotel. Any claim, demand, charge, suit or damages which may be incurred by the Guest or any of the Guest’s visitors shall be made directly with such third parties.
The Hotel shall not be liable to the Guest or any of the Guest’s visitors, for any loss or damage to property suffered or incurred in the Hotel caused by the misconduct or negligence of any third party.
The Hotel shall not be liable to the Guest for any failure or delay in performing any of its obligations if the failure or delay was due to an event of Force Majeure.

Article 16. Liability of the Guest

In the event that the Hotel suffers loss as a result of the Customer’s breach of these Terms and Conditions or the Terms and Conditions of Use, or any other cause attributable to the Customer (including willful or negligent acts), such as any damage to the furniture, electrical appliances and other facilities and equipment in the Hotel’s area, any damage that cannot be cleaned, any irreversible loss of facilities and equipment; or any additional expenses incurred in the cleaning and repair of the guest rooms, or any loss of sales opportunities, the Customer will be required to pay the full price of such loss and the compensation for such damages.
If, due to grounds attributable to a Guest (the “aggrieving Guest”), any loss or damage is suffered by any other guests (the “aggrieved guests”) and the Hotel has paid compensation for the loss or damage to the aggrieved guests, the Hotel may claim from the aggrieving Guest the damages equivalent to the amount paid by the Hotel to the aggrieved guests.
In the event that a safety-related accident occurs at the Hotel as a result of a violation of these Terms of Use or the Terms of Use by a customer, or any other cause attributable to the customer (including intentional or negligent acts), the customer shall be held liable in accordance with the law.
When using computer communication services within the Hotel, it is the responsibility of the guest to use them at their own risk. The Hotel shall not be liable for any damages incurred by the user due to system malfunctions or other reasons during the use of computer communication services. Additionally, if the Hotel or a third party incurs damages due to actions deemed inappropriate by the Hotel in connection with the use of computer communication services, the guest shall be responsible for compensating for such damages.

Article 17. Cleaning of hotel rooms

If a Guest who stays for two or more consecutive nights in the same room, requires room cleaning, the Guest must display the cleaning card, which is provided in the hotel room, outside the door of the hotel room. When the Guest has not displayed the cleaning card, in principle, the Hotel will not do the Cleaning of the hotel room.
Even if a Guest has previously informed the Hotel that such cleaning is unnecessary, cleaning shall be conducted at least once every four days given the intent and purpose of laws and ordinances, etc. However, the Hotel may clean the hotel room at any time considered to be necessary.
A Guest shall not refuse the room cleaning prescribed in the preceding paragraph.

Article 18. Court with Jurisdiction and Governing Law

All disputes arising out of the accommodation contracts between the Guest and the Hotel shall, in the first instance, be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court.
Accommodation contracts between the Guest and the Hotel shall be governed by and construed in accordance with the laws of Japan, without reference to conflict of laws principle.
If these Terms and Conditions are prepared in multiple languages and there are any differences, inconsistencies, or other discrepancies between each version, the Japanese version shall prevail.

Article 19. Policy amendment

These Terms and Conditions may be revised from time to time as necessary. When these Terms and Conditions are revised, the Hotel shall post the revised.
Terms and Conditions and the effective date on the Hotel’s website or in hotel rooms.

Article 20. Sever Ability and Waiver

If any provision of these Terms and Conditions is deemed unlawful, void or for any other reason unenforceable, then that provision shall be deemed severed from the Terms and Conditions and shall not affect the validity and enforceability of any other provisions.

Even if a part of these Terms and Conditions is found to be invalid or canceled due to the relationship with a Guest, it does not affect the validity of that part in the relationship with Guests other than that Guest.

Chart 1 – Method of calculation of hotel room charges

	Breakdown
Hotel room charges	Basic hotel room charge	Room charge (including plan charges with various privileges) and service charge
Hotel room charges	Taxes	Tax including but not limited to consumption tax, accommodation tax

Hotel room charges are based on the price list displayed on the OTA’s website.
Each room can accommodate up to two adults.
Only Premier Balcony Suite allow children (18 years and under) to use the sofa bed. Included children (18 years and under) are limited to three guests in Premier Balcony Suite.
Sofa bed setting service in Premier Balcony Suite requires the contact at the time of booking or before the arrival date. This service will be charged in accordance with Article 2, paragraph 1 of the HOTEL ROOM RULES OF USE.

Chart 2 – Cancellation Charges

1.No-show or No-contact	100%
2.Canceled on the reservation day	100%
3.Canceled the day before the reservation day	100%
4.Canceled 2 days before the reservation day	0%

“%” means the percentage of the total hotel room charge of reservation (including charges for cooperative accommodation programs with other affiliated operators) which the Guest shall be charged by the Hotel as a penalty, that is to say, a cancellation charge.
“On the Reservation Date”, “the Day before the Reservation Date”, “2 Days before the Reservation Date”, etc. means the number of days from the date of cancellation to each respective reservation date.
When the Guest cancels all or a part of his/her accommodation contracts, penalties shall be levied on all days due to cancellation, commencing from the day of cancellation to the day(s) originally scheduled for staying.
If the amount calculated in accordance with the cancellation policy of the other affiliated operators exceeds the amount calculated based on chart 2.1 and chart2.2 above, the higher amount shall be charged as a penalty.
If In-in addition to that set forth in each of the preceding paragraphs, the Hotel may set special provisions for penalties according to the details in accommodation contracts.