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Contract Terms and Conditions

January 18, 2010

(Scope of Application)
  1. Article 1.
  2. 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 Contracts. Any particulars not provided for herein shall be governed by laws and regulations and/or generally accepted practices.
  3. 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, notwithstanding the preceding Paragraph, the special contract shall take precedence over the provisions of these Terms and Conditions.
(Application for Accommodation Contract)
  1. Article 2.
  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:
  3.  (1) Name of the Guest(s)
  4.  (2) Date of accommodation and estimated time of arrival
  5.  (3) Accommodation charges (in accordance with, in principle, the Basic Accommodation Charges listed in Attached Table 1)
  6.  (4) a. Applicant’s name and contact details
  7.    b. Payer’s name and contact details
  8.  (5) Other particulars deemed necessary by the Hotel
  9. 2. In the case when the Guest requests, during the 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 when such request is made.
(Conclusion of Accommodation Contract, etc)
  1. Article 3.
  2. 1. An Accommodation Contract shall be deemed to have been concluded when the Hotel has duly accepted the application in the preceding Article.
  3. 2. When an Accommodation Contract has been concluded in accordance with the provisions of the preceding Paragraph, the Guest is requested to pay, by the date specified by the Hotel, an accommodation deposit fixed by the Hotel as the basic accommodation charges covering the period of the stay.
  4. 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 Article 12.
  5. 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 Contract Requiring No Accommodation Deposit)
  1. Article 4.
  2. 1. Notwithstanding the provisions of Paragraph 2 of the preceding Article, the Hotel may enter into a special contract requiring no accommodation deposit as stipulated in the same Paragraph after the Contract has been concluded.
  3. 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 specified the date of the payment of the deposit at the time when 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 Contract)
  1. Article 5.
  2. The Hotel may not accept the conclusion of an Accommodation Contract under any of the following cases:
  3.  (1) When the application for accommodation does not conform with the provisions of these Terms and Conditions;
  4.  (2) When the Hotel is fully booked and no room is available;
  5.  (3) When a person requesting accommodation is deemed liable to conduct himself/herself in a manner that will contravene the laws or act against the public order or good morals in regard to his/her accommodation;
  6.  (4) Where a person requesting accommodation can be clearly detected as carrying an infectious disease;
  7.  (5) When the Hotel is requested to assume an unreasonable burden in regard to his/her accommodation;
  8.  (6) When the Hotel is unable to provide accommodation due to natural calamities, malfunction of the facilities, and/or other unavoidable causes;
  9.  (7) When a person requesting Hotel accommodation is obviously intoxicated, etc. and could cause annoyance to other Guests or when the person is behaving in such a manner as to be an annoyance to other Guests. (when the provisions of Article 5 of Tokyo Metropolitan Ordinance on Hotel Management are applicable);
  10.  (8) When a person requesting accommodation is a member of or is linked to a crime syndicate.
(Right to Cancel Accommodation Contract by the Guest)
  1. Article 6.
  2. 1. The Guest is entitled to cancel the Accommodation Contract by so notifying the Hotel.
  3. 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 Attached Table 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.
  4. 3. In the case when the Guest does not appear by 8 p.m. of the accommodation date (within 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.
(Right to Cancel Accommodation Contract by the Hotel)
  1. Article 7.
  2. 1. The Hotel may cancel the Accommodation Contract under any of the following cases:
  3.  (1) When the Guest is deemed liable to conduct and/or has 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;
  4.  (2) When the Guest can be clearly detected as having an infectious disease;
  5.  (3) When the Hotel is requested to assume an unreasonable burden in regard to his/her accommodation;
  6.  (4) When the Hotel is unable to provide accommodations due to natural calamities and/or other causes of force majeure;
  7.  (5) When there is a violation of the provisions of Article 5 (Items 1 and 2) of Tokyo Metropolitan Ordinance on Hotel Management;
  8.  (6) When the Guest requesting accommodation can be detected as a member of or be linked to a crime syndicate;
  9.  (7) When the Guest does not observe prohibited actions such as smoking in bed, mischief to the fire fighting facilities and other prohibitions of the Use Regulations stipulated by the Hotel (restricted to particulars deemed necessary in order to avoid the causing of fires);
  10.  (8) When the Guest fails to register/show the particulars set forth in the following Article.
  11. 2. In the case when the Hotel has canceled 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 which he/she has not received during the contractual period.
(Registration of Accommodation)
  1. Article 8.
  2. 1. The Guest shall register the following particulars at the Reception of the Hotel on the day of accommodation:
  3.  (1) Name, age, sex, address and occupation of the Guest(s)
  4.  (2) For foreign guests, nationality, passport number, port and date of entry in Japan
  5.  (3) Date and estimated time of departure
  6.  (4) Other particulars deemed necessary by the Hotel
  7. 2. In the case when the Guest intends to pay his/her accommodation charges prescribed in Article 12 by any means other than Japanese currency, such as traveler’s checks, 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)
  1. Article 9.
  2. 1. The Guest is entitled to occupy the contracted guest room of the Hotel from 3:00 p.m. to 11:00 a.m. of the next day. However, in the case when the Guest is accommodated continuously, the Guest may occupy it all day long, except on the days of arrival and departure.
  3. 2. Notwithstanding the provisions prescribed in the preceding Paragraph, the Hotel may 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:
  4.  (1) Up to 3 hours: 30% of the room charge
  5.  (2) Up to 6 hours: 50% of the room charge
  6.  (3) More than 6 hours: 100% of the room charge
(Observation of Use Regulations)
  1. Article 10.
The Guest shall observe the Use Regulations established by the Hotel and are posted within the premises of the Hotel.
(Operating Hours)
  1. Article 11.
  2. 1. The operating hours of major facilities of the Hotel are as follows. For details of the operating hours of other facilities, etc, please refer to the notice posted at each location, the Hotel Service Directory in your room, etc.
  3.  (1) Service hours of Reception, Casher, etc.
       a. Reception 24 hours
       b. Guest Lounge 24 hours
       c. Conference room 09:00 – 19:00
       d. Guest laundry 24 hours
       e. Parking lot 07:00 – 23:00
       f. Coin-operated washing machine 24 hours
       g. Vending machine corner 24 hours
  4.  (2) Service hours for dining, drinking, etc. (at facilities)
       a. Breakfast (1st Floor) 07:00 – 11:00
       b. Other dining, drinking, etc. Please refer to the notice posted at each location, the Hotel Service Directory in your room, etc.
  5. 2. The operating hours specified in the preceding Paragraph are subject to changes due to unavoidable causes. In that case, the Guest shall be informed by appropriate means.
(Payment of Accommodation Charges)
  1. Article 12.
  2. 1. The breakdown of the accommodation charges, etc. that the Guest shall pay are as listed in Attached Table 1.
  3. 2. Accommodation charges, etc. as stated in the preceding Paragraph shall be paid with Japanese Currency or by means other than Japanese currency such as traveler’s checks, coupons, and credit cards recognized by the Hotel at the time of the departure of the Guest or upon request by the Hotel.
  4. 3. Accommodation charges shall be paid even if the Guest voluntarily does not utilize the guest room which is provided for him/her by the Hotel and is at his/her disposal.
(Liabilities of the Hotel)
  1. Article 13.
  2. 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 non-fulfillment of the Accommodation Contract and/or related agreements. However, the same shall not apply in the case where such damage has been caused due to reasons for which the Hotel is not liable.
  3. 2. The Hotel is covered by a Hotel Liability Insurance in order to deal with unexpected fires, etc.
(Handling when Unable to Provide Contracted Rooms)
  1. Article 14.
  2. 1. The Hotel shall, when unable to provide contracted room(s), arrange accommodations of the same standard elsewhere for the Guest insofar as practicable with the consent of the Guest.
  3. 2. When arrangement of other accommodations can not 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 reparation. However, when the Hotel cannot provide accommodation due to causes for which the Hotel is not liable, the Hotel will not pay the compensation fee to the Guest.
(Handling of Deposits)
  1. Article 15.
  2. 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. However, for cash and valuables, when the Hotel has requested the Guest to report its kind and value but the Guest has failed to do so, the Hotel shall compensate the Guest within the limit of 300,000 Japanese yen.
  3. 2. The Hotel shall compensate the Guest for the damage when loss, breakage or other damages is caused, through intent 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 articles of which the kind and value have not been reported in advance by the Guest, except in the case when it has been caused by the intent or serious negligence on the part of the Hotel, the Hotel shall compensate the Guest within the limit of 300,000 Japanese yen.
(Custody of Baggage and/or Belongings of the Guest)
  1. Article 16.
  2. 1. When the baggage of the Guest is brought into the Hotel before his/her arrival, the Hotel shall be liable to keep and to hand it over to the Guest at the Reception at the time of his/her check-in only if the Hotel has agreed to do so in advance.
  3. 2. When the baggage or belongings of the Gust is found after 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 handle it in accordance with the Lost Goods Act.
  4. 3. The Hotel’s liability in regard to the custody of the Guest’s baggage or 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 preceding Paragraph.
(Liability in Regard to Parking)
  1. 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 with the Hotel or not. However, the Hotel shall compensate the Guest for damages caused through intent or negligence on the part of the Hotel in regard to the management of the parking lot.
(Liability of the Guest)
  1. Article 18.
The Guest shall compensate the Hotel for any damage caused through intent or negligence on the part of the Guest.
(Disclaimer)
  1. Article 19.
Please be aware that the Guests are liable for any use of computer communication services from within the Hotel. The Hotel cannot be held liable for any possible damage incurred by the user as a result of suspension of the service that may be caused by a system failure or any other reasons while the computer communication services are being used. In addition, the Guest may be required to compensate the Hotel and third parties for any possible damage caused by acts that we judge to be an inappropriate use of our computer communication systems.

* Attached Table 1: Breakdown of Accommodation Charges, etc. (Ref. Paragraph 1 of Article 2 and Paragraph 1 of Article 12)

Breakdown
Total amount to be
paid by the Guest
Accommodation charges (1) Basic accommodation charge (room charge)
Extra charge (2) Meals & drinks and other expenses
Tax (3) Consumption tax (1) + (2) x 5%
Accommodation tax
・JPY100 on accommodation charge equal to or more than
JPY10,000 and less than JPY15,000 per person per night
・JPY200 on accommodation charge equal to or more than
JPY15,000 per person per night

<Remarks>
1. An additional cost of JPY3, 000 will be charged for each extra bed.
2. These charges are subject to changes to revisions of the Tax Laws concerned.

* Attached Table 2: Cancellation Charge (Ref. Paragraph 2 of Article 6)

Date when cancellation of contract is notified Contracted number of rooms
Individual (up to 14) Group (15 and over)
No show 100% 100%
On day 80% 80%
Previous day 20% 20%
9 days before 10%

(Note)
1. The percentages (%) signify the rate of cancellation charge to the basic accommodation charge.
2. When the number of days contracted is shortened, cancellation charge for one day (the first day) shall be paid by the Guest regardless of the number of days shortened.
3. As for the special days specified by the Hotel, the cancellation charge may be separately imposed.

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In LOTTE CITY HOTEL KINSHICHO, smoking is prohibited in all rooms under the Health Promotion Law.
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