Haimurubushi

Contract
Article 1 Scope
  • 1. The Accommodation Contract and related contracts concluded and entered into by the Hotel and the Accommodation Guest are governed by the provisions of this Agreement. Matters not specified in this Agreement are governed by applicable laws, ordinances and provisions based thereon (here and hereinafter, “Laws, etc.”) or on generally established custom.
  • 2. Notwithstanding the provisions of Paragraph 1 above, when a special contract is agreed whose scope does not violate Laws, etc. or customs, the special contract shall take precedence.
Article 2 Requesting an Accommodation Contract
  • 1. Persons who wish to request an accommodation contract with the Hotel must submit the following items to the Hotel.
    • (1) Names of accommodation guests
    • (2) Dates of accommodation and expected time of arrival
    • (3) Accommodation fee (in principle, the basic accommodation fee as listed in Appendix 1)
    • (4) Such other information as the Hotel may deem necessary
  • 2. If the Accommodation Guest expresses intention to extend the stay beyond the number of days specified in Paragraph 1, Item (2) above, the Hotel shall treat the request as a request for a new accommodation contract as of the time of request.
Article 3 Concluding an Accommodation Contract
  • 1. The accommodation contract is finalized when the Hotel agrees to the request described in Article 3 above. If the Hotel can prove that the Hotel did not agree to the request, the accommodation contract is deemed not to have been finalized.
  • 2. When an accommodation contract is finalized as specified in Paragraph 1 above, the Hotel may specify a booking fee limited to the accommodation fee for the accommodation period (to a maximum of 3 days) and require payment by a date specified by the Hotel.
  • 3. The amount of the booking fee is counted toward the accommodation fee that the accommodation guest must finally pay. In the event of a situation in which the provisions of Article 6 and Article 18 apply, the booking fee is applied first to the penalty for contract breach, then to the indemnities, and any remaining amount is returned to the accommodation guest when the fee is paid as specified in Article 12.
  • 4. If the accommodation guest does not pay the booking fee specified in Paragraph 2 above by the date specified by the Hotel as specified in Paragraph 2, the accommodation contract becomes null and void. The above applies only if the Hotel has notified the accommodation guest that a payment date for the booking fee has been specified.
Article 4-1 Special Contracts with No Requirement for Payment of Booking Fee
  • 1. Notwithstanding the provisions of Article 3, Paragraph 2 above, the Hotel will honor a special contract that does not require payment of a booking fee after finalization of the contract as described in the same Paragraph.
  • 2. In approving the request for an accommodation contract, if the Hotel has not requested payment of a booking fee as provided in Article 3, Paragraph 2 above, or if the Hotel has not specified a due date for said booking fee, the Hotel shall honor the special contract described in Paragraph 1 above.
Article 4-2 Request for Cooperation on Measures to Prevent Infection in Facilities
  • 1. The Hotel may request cooperation from the prospective accommodation guest with the provisions of Article 4, Paragraph 2, Item 1 of the Hotel and Ryokan Management Act (Law No. 138, 1948).
Article 5 Refusal to Conclude an Accommodation Contract
  • 1. In the following cases, the Hotel may refuse to conclude the accommodation contract. However, this provision does not mean that the Hotel will refuse accommodation in cases other than those specified in Article 5 of the Hotel and Ryokan Management Act.
    • (1) The request for accommodation is not in accordance with the basic accommodation agreement.
    • (2) The hotel has no vacancies.
    • (3) The person requesting accommodation is judged likely to violate laws and ordinances, public order or good morals.
    • (4) The person requesting accommodation corresponds to any of A) through C) below
      • A) A crime syndicate as specified in Article 2, Item 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Law No. 77, 1991) (hereinafter “crime syndicate”), a crime syndicate member as specified in Article 2, Item 6 of the same Act (hereinafter “crime syndicate member”), or other antisocial force such as a crime syndicate associate or affiliate.
      • B) A company or other organization whose business activities are controlled by a crime syndicate or crime syndicate member
      • C) A person who is a director of a company but also corresponds to a crime syndicate member
    • (5) The person requesting accommodation or use of Hotel facilities is noisy or dangerous, causes anxiety, or has otherwise caused inconvenience to other users.
    • (6) The person requesting accommodation is a patient of a designated infectious disease (hereinafter “patient of a designated infectious disease“) as specified in Article 4-2, Item 1 of the Hotel and Ryokan Management Act.
    • (7) The Hotel has received violent, threatening or unreasonable demands for accommodation (except when the person demanding accommodation is demanding removal of discriminatory barriers in accordance with Article 7, Paragraph 2 or Article 8, Paragraph 2 of the Act for Eliminating Discrimination Against Persons with Disabilities (Law No. 65, 2013; hereinafter “the Anti-Discrimination Act”)).
    • (8) The person requesting accommodation makes repeated unreasonable demands regarding accommodation or seriously impedes the Hotel in the provision of services to accommodation guests as specified in Article 5-6 of the Hotel and Ryokan Management Act (hereinafter “specified demands”; examples are listed in Appendix 3).
    • (9) The Hotel is unable to offer accommodation due to natural disaster, facility failure, or other unavoidable reason.
    • (10) Either of the following provisions of Article 5 of the Enforcement Regulations of the Okinawa Prefecture Hotel and Ryokan Management Act applies.
      • A) The person requesting accommodation is heavily intoxicated or behaving in such a disorderly manner that the person is thought likely to cause trouble to other accommodation guests.
      • B) The person requesting accommodation is highly unclean in body or clothing, and so is thought likely to cause trouble to other accommodation guests.
    • (11) Any of the occurrences listed in this Article has occurred in the past.
Article 6 Contract Cancellation Rights of Accommodation Guests
  • 1. An accommodation guest may cancel an accommodation contract by stating the intention to do so to the Hotel.
  • 2. If an accommodation guest cancels an accommodation contract, in whole or in part, for reasons that are the fault of the accommodation guest (unless the Hotel has specified a due date for payment of the booking fee and requested payment, as specified in Article 3, Paragraph 2, but the accommodation guest has canceled the accommodation contract before paying), the Hotel may demand payment of a penalty for contract breach as listed in Appendix 2. However, if the Hotel accepts a special contract as described in Article 4, Paragraph 1, the above applies only if the Hotel notified the accommodation guest of the duty to pay the penalty for contract breach when the accommodation guest canceled the accommodation contract.
  • 3. If an accommodation guest fails to check in by 8 PM on the appointed check-in date and has not notified the Hotel regarding arrival time (or 2 hours after the appointed check-in time, if a check-in time has been stated in advance), the accommodation contract is deemed to have been cancelled by the accommodation guest.
Article 7 Cancellation Rights of the Hotel
  • 1. 1. In the following cases, the Hotel may cancel an accommodation contract. However, this provision does not mean that the Hotel will refuse accommodation in cases other than those specified in Article 5 of the Hotel and Ryokan Management Act. The Hotel accepts no liability whatsoever for any damages that may arise as a result of cancellation as described in this Article.
    • (1) The accommodation guest is judged likely to violate laws and ordinances, public order, or good morals, or has already done so.
    • (2) The accommodation guest corresponds to any of A) through C) below.
      • A) A crime syndicate, a crime syndicate member, or other antisocial force such as a crime syndicate associate or affiliate.
      • B) A company or other organization whose business activities are controlled by a crime syndicate or crime syndicate member
      • C) A person who is a director of a company but also corresponds to a crime syndicate member
    • (3) The accommodation guest is noisy or dangerous, causes anxiety, or has otherwise caused inconvenience to other users.
    • (4) The accommodation guest is a patient of a designated infectious disease.
    • (5) The Hotel has received violent, threatening or unreasonable demands for accommodation (except when the accommodation guest is demanding removal of discriminatory barriers in accordance with Article 7, Paragraph 2 or Article 8, Paragraph 2 of the Anti-Discrimination Act).
    • (6) The accommodation guest makes repeated unreasonable demands regarding accommodation or seriously impedes the Hotel in the provision of services to accommodation guests as specified in Article 5-6 of the Hotel and Ryokan Management Act.
    • (7) The Hotel is unable to offer accommodation due to natural disaster, facility failure, or other unavoidable reason.
    • (8) Either of the following provisions of Article 5 of the Enforcement Regulations of the Okinawa Prefecture Hotel and Ryokan Management Act applies.
      • A) The accommodation guest is heavily intoxicated or behaving in such a disorderly manner that the person is thought likely to cause trouble to other accommodation guests.
      • B) The accommodation guest is highly unclean in body or clothing, and so is thought likely to cause trouble to other accommodation guests.
    • (9) The accommodation guest has violated prohibitions in the Terms and Conditions stipulated by the Hotel for the prevention of fire, for example by smoking in bed or tampering with the firefighting equipment.
    • (10) Any of the incidents listed in Article 5 and this Article is judged to have occurred during the accommodation guest’s use of the Hotel.
  • 2. If the Hotel cancels an accommodation contract based on any of the stipulations listed in the previous Paragraph, the Hotel shall not charge the accommodation guest for any accommodation services the accommodation guest has not yet received.
Article 8 Registration of Stay
  • 1. On the day when an accommodation guest’s stay begins, the Hotel registers the following information at the front desk.
    • (1) Name, address and contact information of the accommodation guest
    • (2) If the accommodation guest is a foreign national not resident in Japan, the guest’s nationality and passport number
    • (3) Other information deemed necessary by the Hotel
  • 2. If the accommodation guest wishes to pay the fees listed in Article 12 by a method other than cash, such as by traveler’s check, hotel voucher or credit card, the guest is asked to disclose this fact before completing the registration described in Paragraph 1 above.
Article 9 Usage Times of Guestrooms
  • 1. Check-in time is from 3 PM and checkout is 11 AM. Other than check-in and checkout days, guests are free to use their guestrooms around the clock.
  • 2. For early check-in and late checkout, the following fees apply.
    • (1) For early check-in, a fee of 1/10 the rate for the previous day applies for each hour early the guest checks in.
    • (2) For checkout at or after 3 PM, 100% of the accommodation fee that can be reserved for that date applies.
Article 10 Compliance with Terms and Conditions
  • 1. Accommodation guests are required to comply with the Terms and Conditions of the Hotel, which are posted in Hotel premises.
Article 11 Hours of Operation
  • 1. The hours of operation of the main facilities of the Hotel are as listed below. Detailed hours of operation of other facilities are listed in supplied brochures, various bulletin boards, service directories posted in each guestroom, and other resources.
    • (1) Service hours of front desk, cashier, etc.
      • A) Curfew (gate): Midnight
      • B) Front-desk service: 6 AM to midnight
    • (2) Service hours of food & beverage facilities:
      • A) Breakfast 7 AM to 10 AM
      • B) Lunch 11:30 AM to 2:30 PM
      • C) Dinner 6 PM to 9:30 PM
  • 2. Hours of operation are subject to change without notice.
Article 12 Payment of Fees
  • 1. The breakdown of accommodation fees payable by accommodation guests is as posted in Appendix 1.
  • 2. Accommodation fees in Paragraph 1 above can be paid in cash or by other methods accepted by the Hotel, including travelers’ checks, hotel vouchers and credit cards. Fees are payable at the front desk when guests check out or when billed by the Hotel.
  • 3. If the Hotel provides a guestroom for an accommodation guest and makes it available for use, accommodation fees are payable even if the guest does not stay in the guestroom.
Article 13 Responsibilities of the Hotel
  • 1. The Hotel compensates accommodation guests for any damages they may incur as a result of fulfillment or non-fulfillment of accommodation contracts and related contracts. The above does not apply if the cause of the damages is not the fault of the Hotel.
  • 2. To prepare against the possibility of fire or other serious incidents, the Hotel subscribes to hotel liability insurance.
Article 14 Handling of Cases of Non-availability of a Contracted Guestroom
  • 1. If the Hotel is unable to provide the guestroom that an accommodation guest has contracted, the Hotel may, with the understanding of the accommodation guest, provide other accommodation facilities as close as possible in value to the contracted guestroom.
  • 2. Notwithstanding the provision above, if the Hotel is unable to negotiate the use of another accommodation facility, the Hotel pays the accommodation guest compensation in lieu of a penalty for contract breach. The above compensation is paid only if the inability to provide the guestroom is the fault of the Hotel.
Article 15 Handling of Deposited Goods
  • 1. If goods, cash or valuables deposited by accommodation guests with the front desk are destroyed, damaged or otherwise harmed, unless said harm is caused by force majeure, the Hotel shall pay compensation. However, if the accommodation guest has not declared in advance the type of item and its value, the compensation payable by the Hotel shall be limited to a maximum of ¥150,000, unless the harm is deliberate or due to extreme negligence on the part of the Hotel.
  • 2. Even if an accommodation guest brings goods, cash or valuables into the Hotel but does not deposit them with the front desk, and said items are destroyed, damaged or otherwise harmed, the Hotel shall pay compensation if the harm is deliberate or due to extreme negligence on the part of the Hotel. However, if the accommodation guest has not declared in advance the type of item and its value, unless the harm is deliberate or due to extreme negligence on the part of the Hotel, the compensation payable by the Hotel shall be limited to a maximum of ¥50,000
  • 3. The provisions of Paragraph 2 above also apply if the accommodation guest used the safe deposit box in the guestroom.
Article 16 Storage of Accommodaton Guests' Hand Luggage and Personal Effects
  • 1. If an accommodation guest’s luggage arrives at the Hotel before the guest does, the Hotel will take responsibility for and store the luggage only if notified of its arrival in advance. In this case, the Hotel will transfer the luggage to the guest at the front desk, when the guest checks in.
  • 2. If an accommodation guest mistakenly leaves hand luggage or personal effects behind at the Hotel when checking out, in principle the Hotel waits for the owner to contact the Hotel about the items and requests the owner’s instructions. If no instructions are forthcoming from the owner, in principle the Hotel transfers valuables to the police within seven days of discovery, and holds other items for three months, after which it disposes of the items. However, in the case of foods, beverages, tobacco, magazines and items that may damage the hygiene of the Hotel, and other items that constitute garbage (clearly deteriorated items), the Hotel will dispose of the items the next day, even during the storage period.
  • 3. In the case of storage of hand luggage and personal effects of accommodation guests as described in Paragraphs 1 and 2 above, the case described in Paragraph 1 is handled as described in Article 15, Paragraph 1, while the case described in Paragraph 2 is handled as described in Article 15, Paragraph 2.
  • 4. The Hotel processes hand luggage and personal effects appropriately I accordance with the nature of their contents. Accordingly, the Hotel reserves the right to inspect said contents at its discretion.
  • 5. If the Hotel incurs expenses in transferring found articles to their owner, the owner shall bear those expenses.
  • 6. If an accommodation guest leaves baggage that incurs the expense of processing as oversized garbage, whether deliberately or by mistake, in a guestroom, a common area of the Hotel or elsewhere on Hotel premises, the Hotel will charge the accommodation guest the cost of processing the items in accordance with laws and ordinances as well as agent expenses. If the Hotel objectively concludes that the items were left deliberately, or if the guest does not contact the Hotel within one week of checkout, the Hotel will deem that the guest has deliberately abandoned all rights to the items and will handle the items accordingly.
Article 17 Responsibility for Parking
  • 1. When accommodation guests use Hotel parking facilities, the role of the Hotel is strictly that of lender of the parking space. Whether the guest deposits the car keys with the Hotel or not, the Hotel is not responsible for the management of the vehicle. The Hotel accepts no liability whatsoever for any accident, theft, etc. that may occur in its parking facilities.
Article 18 Responsibilities of Accommodation Guests
  • If an accommodation guest causes any damage to the Hotel, whether deliberately or by mistake, the guest shall compensate the Hotel for said loss.
Article 19 Changes to the Basic Accommodation Agreement
  • 1. In the following cases, the Hotel may, at its sole discretion, change the basic accommodation agreement.
    • (1) The change in the basic accommodation agreement is in general alignment with the benefit of accommodation guests.
    • (2) The change in the basic accommodation agreement is not in conflict with the objectives of the accommodation contract, and is reasonable in terms of necessity, appropriateness of content, and comparison with the effects of alternative changes.
  • 2. When the Hotel changes the basic accommodation agreement as described in Paragraph 1 above, the Hotel posts on the Hotel website its intention to change the basic accommodation agreement, the details of the changed basic accommodation agreement, and the effective date of the change no later than two weeks before the effective date of the changed basic accommodation agreement.

Appendix 1 Breakdown of Hotel Fees, etc. (related to Article 2, Paragraph 1 and Article 12, Paragraph 1)

Breakdown
Total payable by the accommodation guest Accommodation fees 1) Basic accommodation fee (guestroom fee (may include breakfast)
Additional fees 2) Additional food and beverages (except those included in 1)
3) Other usage fees
Tax 4) Consumption tax

Note: Should tax laws be revised, the amended regulations shall apply.

Appendix 2 Penalty for contract breach (related to Article 6, Paragraph 2)

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Date of notification of cancellation of contract
No overnight stay Same-day 3 days in advance 30 days in advance 60 days in advance
Number of people requesting accommodation contract General Up to 14 guests 100% 80% 20%
Group 15 guests and over 100% 100% 100% 80% 20%

Notes:
1. “%” expresses the penalty for breach of contract as a percentage of the basic accommodation fee.
2. If the number of days of stay is reduced in the contract, the Hotel collects a penalty for breach of contract equivalent to one night’s stay (the first night), regardless of the number of days by which the stay is reduced.
3. When some members of a group booking (15 or more guests) cancel the contract, penalty for breach of contract is not payable for 10% or less of the group (amounts after the decimal are rounded down) if the Hotel is notified of the reduction at least 10 days before the stay (or, the date when hotel accepts the request after the deadline).

Appendix 3

Examples of Specific Requests

  • 1. Repeated, unreasonable demands, from persons requesting accommodation to accommodation service staff, for services that are excessive in comparison with those offered to other guests
    Examples include demands for unreasonable discounts on accommodation fees, unreasonable reparation payments, unreasonable guestroom upgrades, unreasonably late checkout, unreasonably early check-in, shuttle services not included in the contract, etc.
  • 2. Repeated, unreasonable demands, from persons requesting accommodation to accommodation service staff, to keep guestrooms to either side, above, or below that person’s guestroom vacant
  • 3. Repeated, unreasonable demands, from persons requesting accommodation to accommodation service staff, to be served only by certain staff members or not to permit certain staff members to report to work
  • 4. Repeated, unreasonable demands, from persons requesting accommodation to accommodation service staff, for humiliating displays such as apologizing on one’s knees
  • 5. Repeated demands, from a heavily intoxicated accommodation guest who is likely to cause trouble to other guests to accommodation service staff, for lengthy care or nursing
  • 6. Repeated, unreasonable demands or reprimands, from persons requesting accommodation to accommodation service staff, issued in person, over the telephone, by e-mail, etc.
  • 7. Repeated, unreasonable demands, from persons requesting accommodation to accommodation service staff, with disproportionate means and terms for getting one’s way in view of the propriety or otherwise of the demand1

1 Example of speech or behavior using inappropriate means and terms for getting one’s way

Examples of speech or behavior considered unreasonable regardless of the appropriateness of the request

  • ○ Physical attack (violence, injury)
  • ○ Emotional attack (threats, defamation, insults, abusive language)
  • ○ Demand for humiliating displays such as kneeling
  • ○ Continuous, repeated or persistent speech or behavior
  • ○ Restraining behavior (unlawful trespass, refusal to leave, confinement)
  • ○ Discriminatory speech or behavior
  • ○ Sexual speech or behavior
  • ○ Attacks or demands aimed at specific employees

(Speech or behavior that may be unreasonable depending on the appropriateness or otherwise of the demand)

  • ○ Demands for exchange of products
  • ○ Demands for financial compensation
  • ○ Demands for apologies (not including humiliating displays)