Accommodation Contract
Article-1 Scope of Application
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Any and all agreements entered into by and between MIMARU (hereinafter referred to as the “Hotel”) and guests (hereinafter referred to as an “Accommodation Agreement”) and other agreements in relation thereto shall be governed by these Terms of Accommodation, and any matters not stipulated herein shall be governed by laws and generally established practices.
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Notwithstanding the provision of the preceding paragraph, in the case where the Hotel agrees on any special provision to the extent not contrary to laws or practices, such special provision shall prevail.
Article-2 Application for Accommodation Agreement
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A guest who intends to apply for an Accommodation Agreement with the Hotel shall notify the Hotel of the following information:
Name of guests;
Date of accommodation and estimated time of arrival;
Accommodation charges (in accordance with the Basic Accommodation Charges listed in Appendix 1 attached hereto, in principle); and
Any other information deemed necessary by the Hotel.
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In the case where a guest requests for extension of accommodation period beyond the date of accommodation informed pursuant to Article 2. 1. (2) during his/her stay, it shall be deemed as an application for a new Accommodation Agreement at the time of such request and shall be handled by the Hotel accordingly.
Article-3 Conclusion of Accommodation Agreement
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An Accommodation Agreement shall be deemed to be concluded when the Hotel accepts the application as set forth in Article 2 (hereinafter referred to as “Accommodation Agreement”), provided, however, that this shall not apply if the Hotel proves that it has not accepted the application.
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Upon conclusion of an Accommodation Agreement in accordance with the provision of Article 3.1, the guest is requested to pay an accommodation deposit which is defined by the Hotel and shall be limited to the basic accommodation charge for the accommodation period on or before the date designated by the Hotel.
3-3
The accommodation deposit shall be allocated first to the accommodation charges to be paid finally by the guest, and, if any event occurs that is subject to the provisions of Article 6 and Article 18, it shall then be allocated to a cancellation charge and to compensation in this order. If there is any remaining amount, it shall be paid back at the time of payment to be made pursuant to the provisions of Article 12.
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If the guest fails to pay the accommodation deposit set forth in Article 3.2 by the date designated by the Hotel in accordance with the provision of Article 3.2, the Accommodation Agreement shall become invalid subject to the extent that the guest is advised by the Hotel to that effect when the Hotel designates the payment date of the accommodation deposit.
Article-4 Special Provision Requiring No Accommodation Deposit Payment
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Notwithstanding the provision of Article 3.2, the Hotel may agree on a special provision stipulating that the Hotel will not require payment of any accommodation deposit set forth in Article 3.2 after conclusion of an Accommodation Agreement.
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When accepting an application for Accommodation Agreement, if the Hotel does not request payment of an accommodation deposit or does not designate the date of payment of an accommodation deposit as set forth in set forth in Article 3.2, the special provision set forth in the preceding paragraph shall be deemed to have been agreed by the Hotel and shall be handled accordingly.
Article-5 Rejection of Accommodation Agreement
The Hotel may reject an application for concluding an Accommodation Agreement in any of the following cases:
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When an application for accommodation is not in accordance with the provisions of these Terms of Accommodation;
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When the Hotel is fully booked and no room is available;
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When a person seeking accommodation is deemed likely to commit any act that would contravene laws or regulations or be against public order or good morals with regard to the accommodation;
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When a person seeking accommodation falls under any of the following cases:
An organized crime group designated in the item 2 of Article 2 of the Act to Prevent Illegal Activities by Members of Organized Crime Groups (Act No. 77 of 1991) (hereinafter referred to as “Organized Crime Group”), an organized crime group member set forth in the item 6 of Article 2 of the said Act (hereinafter referred to as “Organized Crime Group Member”), an associate member of an Organized Crime Group or a person involved in an Organized Crime Group or any other antisocial forces;
A juridical person or other body whose business activities are controlled by an Organized Crime Group or an Organized Crime Group Member; or
A juridical person any of whose executive officers is an Organized Crime Group Member;
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When a person seeking accommodation is behaving in such a manner as to cause tremendous annoyance to other guests in the Hotel;
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When a person seeking accommodation is deemed evidently to be infected with any infectious disease;
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When a person seeking accommodation makes a violent demand or demands any service or burden in relation to the accommodation which is beyond the reasonable responsibility of the Hotel;
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When the Hotel is unable to accommodate the guest due to natural disaster, failure of equipment or facilities or any other unavoidable reasons;
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Any other cases where the Hotel shall have the right to reject the accommodation pursuant to the provisions of laws or regulations or prefectural ordinances.
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When a person seeking accommodation is deemed to have committed any act set forth in Paragraph 1 of Article 7 or any act which was not pursuant to these Terms of Accommodation during his/her stay at a hotel of MIMARU Hotel Group in the past.
Article-6 Termination Right of Guest
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A guest may terminate an Accommodation Agreement by giving notice to the Hotel.
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In the event that a guest terminates an Accommodation Agreement in whole or in part due to any reason attributable to the guest (excluding the case where the Hotel has requested payment of an accommodation deposit and designated the payment date thereof as set forth in Article 3.2, and the guest terminates the Accommodation Agreement prior to such designated payment date), the Hotel is entitled to receive a cancellation charge from the guest as specified in Appendix 2 and Appendix 3, provided, however, that if the Hotel has agreed on a special provision that an accommodation deposit payment is not required as set forth in Article 4.1, the Hotel shall, upon agreement of such provision, notify the guest of its obligation to pay a cancellation charge in the event of termination of the Accommodation Agreement by the guest.
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In the event that a guest fails to arrive at the Hotel on the date of accommodation during the operating hours of the reception desk without any notice (or by the estimated arrival time if such time has been clearly notified), the Hotel may deem that the Accommodation Agreement is terminated by the guest and handle it as such.
Article-7 Termination Right of Hotel
The Hotel may terminate an Accommodation Agreement in any of the following events:
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When the guest is deemed having committed or likely to commit any act that would contravene laws or regulations or be against public order or good morals with regard to the accommodation;
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When the guest is deemed falling under any of the following cases:
Organized Crime Group, Organized Crime Group Member, an associate member of an Organized Crime Group, person involved in an Organized Crime Group or any other antisocial forces;
A juridical person or other body whose business activities are controlled by an Organized Crime Group or an Organized Crime Group Member; or
A juridical person any of whose executive officers is an Organized Crime Group Member;
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When the guest is behaving in such a manner as to cause tremendous annoyance to other guests in the Hotel;
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When the guest is deemed evidently to be infected with any infectious disease;
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When the guest makes a violent demand or demands any burden in relation to the accommodation which is beyond the reasonable responsibility of the Hotel;
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When the Hotel is unable to accommodate the guest due to natural disaster, failure of equipment or facilities or any other unavoidable reasons;
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Any other cases where the Hotel shall have the right to reject the accommodation pursuant to the provisions of laws or regulations or prefectural ordinances.
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When the guest smokes in the building, tampers with fire-fighting equipment, etc. or fails to comply with other restrictions (limited to those necessary for prevention of fire) stipulated in the rules of use established by the Hotel.
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When it is evident that the guest has performed shooting or any other act in the Hotel that is regarded as commercial use without obtaining permission of the Hotel.
In the event that the Hotel terminates the Accommodation Agreement pursuant to the provisions of the preceding paragraph, the Hotel is entitled to receive a cancellation charge from the guest in accordance with Appendix 2 and Appendix 3.
Article-8 Registration of Accommodation
A guest shall complete registration of the following information at the reception desk on the day of arrival pursuant to the laws and regulations related to hotel business and administrative instructions:
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Name, age, sex, address and occupation of the guest;
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In the case of a foreigner, nationality, passport number, port of entry and entry date;
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Any other information that the Hotel deems necessary.
If a guest desires to make payment under Article 12 by any means acceptable in place of cash, such as hotel voucher or credit card, the guest shall be requested to present it in advance at the time of registration set forth in the preceding paragraph.
Article-9 Utility Time of Guest Room
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The time period in which a guest can make use of a guest room shall be from the check-in time to check-out time defined by the Hotel. Provided, however, that when the guest stays for consecutive days, the guest may use the guest room whole day except on the days of arrival and departure.
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Notwithstanding the provision of the preceding paragraph, the Hotel may accept use of a guest room outside the utility time set forth in the preceding paragraph. In that case, the guest shall pay an additional charge (including consumption tax) defined by the Hotel.
Article-10 Compliance with Rules on Use
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A guest shall comply with the rules on use established by the Hotel and posted in the premises of the Hotel during the stay in the Hotel.
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In case that a guest threatens to damage reputation of the Hotel by using the Hotel for any purpose other than the intended use of the Hotel or any act against public order and morals, the Hotel may take an action such as prohibition of publication or exercise of such act, and the guest shall observe the action upon request from the Hotel.
Article-11 Business Hours
Business hours of the Hotel's main facilities shall be as set forth below, and business hours of other facilities in the Hotel shall be informed through the brochures available in the Hotel, notices displayed in various locations, the service directory in guest rooms, etc.
Business hours of the reception desk: | 7:00 to 22:00 |
|---|---|
Check-in hours: | 15:00 to 22:00 |
Check-out hours: | 7:00 to 11:00 |
*Business hours of some branch hotels may be different from these hours stated above. For detailed information, please refer to the website of each branch hotel.
The business hours are subjected to temporary change. In that case, a guest shall be informed by an appropriate means.
Article-12 Payment of Accommodation Charges
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Breakdown of an accommodation charge and other charges to be paid by a guest are specified in Appendix 1.
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The accommodation and other charges set forth in the preceding paragraph shall be paid in such a manner as designated by the Hotel, including by cash and by credit card.
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A guest shall pay an accommodation charge even if the guest voluntarily chooses not to stay in the Hotel after a guest room is provided by the Hotel and made available to the guest,
Article-13 Liability of Hotel
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The Hotel shall be liable to compensate any damage suffered by a guest that is caused by the Hotel in the course of its performance of an Accommodation Agreement and other agreements in relation thereto, or due to its nonperformance thereof, and such liability shall be limited to fifty thousand (50,000) yen except in the case such damage is caused by willful misconduct or gross negligence of the Hotel. Provided, however, that this provision shall not apply if such damage is caused by any reason not attributable to the Hotel.
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The Hotel has a Hotel Liability Insurance Policy that covers unexpected fire and other disasters.
Article-14 Handling in Case of Inability to Provide Room under Agreement
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In the case where the Hotel is unable to provide the guest with a guest room under an Accommodation Agreement, the Hotel shall, upon consent of the guest, procure other hotel that can provide a guest room on the same conditions as far as possible for the guest.
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Notwithstanding the provisions of the preceding paragraph, if the Hotel cannot procure other accommodation, the Hotel shall pay the guest an amount of compensation equivalent to a cancellation charge, and such compensation shall be appropriated for indemnification of damage incurred by the guest. Provided, however, that if the Hotel’s inability to provide accommodation is due to any cause not attributable to the Hotel, the Hotel has no liability to pay compensation to the guest.
Article-15 Custody of Baggage and Belongings of Guest
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In the case of arrival of any baggage of a guest in advance of the arrival of the guest, the Hotel shall be responsible for keeping it in custody only if the Hotel has agreed to do so before the arrival thereof. In that case, the Hotel shall hand over the baggage to the guest at the reception desk when the guest checks in at the Hotel during the business hours of the reception desk.
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In the case a guest left any baggage or belongings behind after checked out, if the owner of such baggage or belongings contact the Hotel and give instruction, the Hotel shall respond to it, but in principle, no notification will be provided by the Hotel to the owner. In case of cash or valuables that are left behind, the Hotel shall keep it in custody for seven (7) days (including the day of discovery) and thereafter report it to the nearby police office, or, in case of other goods, the Hotel shall keep it in custody for seven (7) days and thereafter discard it. In case of foodstuff, the Hotel shall keep it for only one (1) day for reason of the quality maintenance and thereafter discard it at the discretion of the Hotel.
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In those cases set forth in the preceding two paragraphs, the Hotel shall be liable for any loss of or damage on the baggage or belongings of the guest arising as a result of willful misconduct or negligence of the Hotel. Provided, however, that the Hotel’s liability shall be limited to fifty thousand (50,000) yen in the case where the type and the value of such baggage or belongings have not been expressly informed in advance by the guest except for the case of damage caused by willful misconduct or gross negligence of the Hotel.
Article-16 Liability of Guest
The Guest shall be liable to the Hotel for any damage incurred by the Hotel which was caused due to willful misconduct or negligence of the guest.
Article-17 Outsider Visit
The Hotel shall refuse entry of outsiders beyond business hours of the reception desk. In the event that any outside visitor is found to have stayed in the Hotel beyond business hours, the guest meeting such outside visitor shall have the obligation to pay a penalty fee defined by the Hotel, even if the number of the guests staying at the Hotel is less than the number of guests for whom reservation has been made in advance.
Article-18 Disclaimer
The guest may use the Internet connection service in the Hotel at its own risk. The Hotel shall not be liable at all for any damages caused to the guest as a result of interruption of the Internet connection caused by any system failure or other reasons while using the Internet connection service in the Hotel. In addition, the guest shall have the liability to compensate for any damage suffered by the Hotel or a third party caused in connection with the use of the Internet connection service by the guest.
Article-19 Resolution of Dispute and Governing Law
Any and all disputes arising between the guest and the Hotel in relation to an Accommodation Agreement shall be governed by laws of Japan and the Tokyo District Court shall have exclusive jurisdiction for the first instance over any such dispute.
Appendix 1 Breakdown of Accommodation Charge and Other Charges (Article 2.1 and Article 12.1)
Breakdown | ||
|---|---|---|
Total amount to be paid by guest | Accommodation | ① Basic accommodation charge (room charge (as well as room charge + *cleaning charge)) |
Additional | ② Additional cleaning charge (except a charge included in ①) | |
Tax |
| |
Remarks: These charges are subject to change in accordance with any revision of tax law.
*Charge for room cleaning includes those charges for simple cleaning that may be provided every day upon request (changing bath towel, face towel and bath mat, and emptying rubbish bins), room cleaning (simple cleaning + bed making) rendered once every 3 days during the stay (on the fourth day of stay) and cleaning after check-out.
Appendix 2 Cancellation charges (Article 6.2)
Day on which the Hotel receives cancellation notice | No show | 7 days before the day of stay |
|---|---|---|
Cancellation charge | 100％ | 100％ |
*Percentage (%) is a rate of the cancellation charge to the basic accommodation charge.
*In the case reservation is cancelled in part and the number of days reserved is reduced, a cancellation charge for the number of days cancelled shall be paid.
*Those cancellation charges stated above are subject to temporary change during a specific period defined by the Hotel including end of year to the beginning of new year, Christmas day, etc.
*Cancellation charges may be different from those stated above depending on the accommodation plan. Please check the cancellation charges applied to the accommodation plan of your choice.
For accommodations which are handled by the Hotel for the purpose of educational trip, cancellation charges are defined as follows. Accommodation for educational trip means accommodations involved in school excursions, inter-school athletics competitions and other events.
Appendix 3 Cancellation charges for accommodations for educational trip
Day on which the Hotel receives cancellation notice | No show | 30 days before the day of stay | 31 to 60 days before the day of stay | 61 to 90 days before the day of stay |
|---|---|---|---|---|
Cancellation charge | 100% | 100% | 50% | 10% |
*If the guest cancels all days of accommodation at a time, a cancellation charge at the rate applied for the first day shall be charged for all days of accommodation.
*If the guest cancels part of the days of accommodation which includes the day of check-in, a cancellation charge according to the cancellation rules applicable to check-in day shall be charged for the days cancelled.
*If the guest notices cancellation three (3) days prior to the day of check-in, a cancellation charge will be reduced by an amount equivalent to a charge for 10% of the total number of reserved guest rooms.
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