Article 1 - Scope of Application
The Accommodation Contract and related contracts to be concluded between our Hotel and the Guest shall be based on this Contract under the following terms and conditions of our Contract. Any matter not stipulated in this Contract shall be governed by ordinance and generally established practice.
When our Hotel has agreed to conclude a Special Contract without conflicting with ordinance and established practice, the said Special Contract shall prevail.
Article 2 - Application for an Accommodation Contract
02.01. The Guest who intends to apply to our Hotel for an Accommodation Contract will be required to provide our Hotel with the following particulars:
(1) Name(s) of Guest(s) to be registered.
(2) Date(s) scheduled for overnight stay and estimated time of arrival.
(3) Accommodation charge (according, in principle, to the basic accommodation charges described in the attached Schedule I).
(4) Other information considered necessary by our Hotel.
02.02. In the case that the Guest has requested, during his/her stay, an extension of an overnight stay beyond the date described in the preceding Paragraph (2) above, our Hotel shall handle his/her request as a new application for an Accommodation Contract which has been made at the point in time when the said request has been made.
Article 3 - Conclusion, etc. of the Accommodation Contract
03.01. The Accommodation Contract shall be considered to have been concluded at the time when our Hotel has accepted the application described in the preceding Article, unless our Hotel has certified that our Hotel has not accepted the said application.
03.02. When the Accommodation Contract has been concluded under the provision of the preceding Paragraph, the Application Money payable for the period scheduled for overnight stay as prescribed by our Hotel shall be paid by the date set by us, up to the maximum amount equal to the basic accommodation charge for 3 days in cases where the period scheduled for overnight stay exceeds 3 days.
03.03. The Application Money shall first be applied to the final payment of the Accommodation Charge payable, and when the circumstances requiring application of the provisions of Article 6 and Article 15 have arisen, to penalty and then to compensation money in this order. If there is any balance left it will be repaid at the time when the Accommodation Charge is paid as provided in Article 10.
03.04. In the case that the Application Money described in Paragraph 2 of this Article has not been paid by the date set by us as stipulated in the same Paragraph, the Accommodation Contract shall become invalid, but limited only to the case where our Hotel has notified the Guest to that effect at the time when prescribing the day due for payment of the Application Money.
Article 4 - Special Contract Requiring Non-Payment of the Application Money
04.01. Notwithstanding the provision of the preceding Article, Paragraph 2, there are cases where our Hotel accepts a Special Contract which does not require payment of the Application Money specified in the said Paragraph after the conclusion of the Contract.
04.02. When accepting an application for an Accommodation Contract, in the case that our Hotel fails to request payment of the Application Money specified in the preceding Article, Paragraph 2, and/or in the case that it fails to prescribe the due date for payment of the said Application Money, the Special Contract described in the preceding Paragraph shall be considered to have been accepted.
Article 5 - Refusal of the Conclusion of the Accommodation Contract
05.01. The following are cases where our Hotel will not accept the conclusion of the Accommodation Contract:
(1) When application for accommodation is not based on this Contract.
(2) When there is no room available due to full occupancy.
(3) When the Guest seeking accommodation is considered likely to behave in violation of the provisions of the ordinance, public order or good public morals.
(4) When the Guest seeking accommodation is clearly considered to be a patient with an infectious disease.
(5) When a burden related to accommodation is requested in excess of a reasonable range.
(6) When act of God, trouble with facilities, and other unavoidable causes prevent the Guest from staying at our Hotel.
(7) When the provision of Article５of the Ordinance issued by Kyoto Prefecture is applicable.
Article 6 - The Guest's Right to Cancel the Contract
06.01. The Guest may request our Hotel to cancel the Accommodation Contract.
06.02. In the case that the Guest has cancelled the Accommodation Contract in whole or in part due to causes attributable to him/her (which is the case when our Hotel has requested payment of the Application Money by prescribing the date due for such payment under the provision of Article 3, Paragraph 2, except in the case when the Guest has cancelled the Accommodation Contract prior to such payment), payment of penalty shall be required as specified in the attached Schedule II, but in the case that our Hotel has accepted a Special Contract described in Article 4, Paragraph 1 this provision shall be applied only to the case where our Hotel has notified the Guest of his/her responsibility to pay a penalty for cancellation of the Contract when accepting the Special Contract.
06.03. In the case that the Guest does not arrive by 9 p.m. on the day of an overnight stay without informing our Hotel of a delay (or after the lapse of 2hours past the scheduled time of arrival if indicated by the Guest beforehand), the Accommodation Contract concerned may be considered to have been cancelled by the Guest and will be handled accordingly.
Article 7 - The Right of Our Hotel to Cancel the Contract
07.01. The following are cases where our Hotel may cancel the Accommodation Contract:
(1) When the Guest is considered likely to behave in violation of the provisions of the ordinance, public order or good public morals, or he/she is considered to have behaved in such a manner.
(2) When the Guest is clearly considered to be a patient with an infectious disease.
(3) When a burden related to accommodation is requested in excess of a reasonable range.
(4) When unavoidable causes, such as act of God, etc., prevent the Guest from staying at our Hotel.
(5) When the provision of Article 5 of the Ordinance issued by Kyoto Prefecture is applicable.
(6) When the Guest smokes in bed or vandalizes fire protection facilities, or does not comply with the matters prohibited by our Hotel (limited only to those matters necessary for fire prevention) among the rules of use prescribed by our Hotel.
07.02. In cases where our Hotel has cancelled the Accommodation Contract in accordance with the provision of the preceding Paragraph, charges for accommodation service, etc. which have not yet been offered to the Guest shall not be receivable.
Article 8 - Registration of Accommodation
08.01. The Guest will be required to register the following particulars at the front desk of our Hotel:
(1) Name, age, sex, address and occupation of the Guest.
(2) Nationality, passport number, place entered and date entered, in the case of a foreign guest.
(3) Scheduled date and time of departure.
(4) Other particulars considered necessary by our Hotel.
08.02. In the case that the Guest intends to pay the charges described in Article 10 by using such means in place of currency as traveler's checks, accommodation coupons, credit card, etc., he/she will be required to show them at the time of registration described in the preceding Paragraph.
Article 9 - Compliance of the Rules of Use of the Hotel
While staying in our Hotel, the Guest will be required to comply with the Rules of Use posted inside our Hotel as prescribed by us.
Article 10 - Payment of Charges
10.01. The breakdown of the accommodation charge, etc. payable by the Guest shall be as listed in the attached Schedule I.
10.02. Payment of the accommodation charges, etc. described in the preceding Paragraph shall be made in currency or by other alternative means acceptable by our Hotel, such as traveler's check, accommodation coupon, credit card, etc., at the front desk at the time when the Guest departs from our Hotel or is charged by our Hotel.
10.03. In the case that the Guest has not stayed at our Hotel at his/her discretion even after we have offered the guest room to the Guest and made it available for him/her to use, the accommodation charge will still be charged.
Article 11 - Responsibility of Our Hotel
11.01. In the case that we have inflicted damage on the Guest in the course of fulfilling the Accommodation Contract and related Contracts or in breach of these Contracts, we shall compensate for the said damage, unless the said damage has been caused due to a cause not attributable to us.
11.02. Although our Hotel has received the “Excellence” mark from the Fire Department Authorities of the City of Kyoto, we are covered by a Hotel Liability Insurance to cope with emergencies in the case of fire, etc.
Article 12 - Handling In Case the Guest Room Contracted Is Not Available
12.01. Should the guest room contracted for the Guest under the Accommodation Contract become unavailable for him/her, our Hotel shall try to offer other accommodation facilities under the same conditions as the original Accommodation Contract as far as possible, subject to the consent of the Guest concerned.
12.02. Notwithstanding the provision of the preceding Paragraph, in cases where we are unable to offer other accommodation facilities to the Guest, we shall pay to him/her a compensation charge equivalent to the penalty, which will be applied to the amount of the compensable damage. However, in cases where there is no cause attributable to us for not being able to offer the guest room, we shall not pay the compensation charge.
Article 13 - Handling of Checked Articles, etc.
13.01. Our Hotel shall not handle nor hold deposited articles from our guests.
13.02. Our Hotel shall not be liable for the loss or destruction of the possessions of Guests, including cash and other valuables, unless there was a willful or gross negligence by the Hotel or any of its employees.
Article 14 - Custody of the Baggage or Personal Belongings of the Guest
14.01. When the baggage of the Guest has arrived at our Hotel prior to his/her arrival, our Hotel will keep it subject to our agreement given prior to its arrival, and will hand it to the Guest at the time when he/she checks in at the front desk.
14.02. In the case that the baggage or personal belongings of the Guest are found misplaced after he/she has checked out, our Hotel shall ask the owner of such items for his/her instructions when the owner has been identified. However, when there are no instructions from the owner or the owner has not been identified, our Hotel shall keep them for 7 days including the day when they have been found, and shall deliver them to a police station near our Hotel after a lapse of 7 days.
14.03. The responsibility of our Hotel regarding the custody of the Guest's baggage or personal belongings in the case of the preceding two Paragraphs shall conform to the provision of the preceding Article, Paragraph 1, in the case of Paragraph 1 of this Article and to the provision of the preceding Article, Paragraph 2, in the case of the preceding Paragraph. 14.02.
Article 15 - Responsibility of the Guest
In the case that our Hotel has suffered damage due to the intention or fault of the Guest, the Guest will be required to compensate to our Hotel for the said damage.
Article 16 - Jurisdiction and Applicable Laws
Litigation arising from the Terms & Conditions for Accommodation contract will be resolved in Kyoto District Court or Kyoto Summary Court in the jurisdiction of the Hotel and in accordance with Japanese law.
※Schedule Ⅰ Breakdown of Accommodation Charge (concerning Article 2-1 and 10-1)
Total Amount Payable by the Guest = Accommodation Charge: only Room charge
※Schedule Ⅱ Penalty (concerning Article 6-2)for Hotels
Penalty = No Show: 100%
Accommodation Day: 100%
1 Day Prior to Accommodation Day: 50%
2 ～14 Days Prior to Accommodation Day: 30%
Note:
(1) The percentage is the percentage of the Penalty against the Basic Accommodation Charge.
(2) In the case that the number of days for accommodation has been reduced, Penalty for One Day (first day) shall be charged, regardless of the number of days reduced.
Zingaro Co.Ltd. Address : 223-18 Kamiyanagi-cho Youbai-dori, Shinmachi Higashi-iru Shimogyo-ku, Kyoto, Japan