accommodation clause

TERMS AND CONDITIONS FOR ACCOMMODATION CONTRACTS.

Yuzawa Toei Hotel
Effective December 1, 2024

Article 1 Scope
1. The accommodation contract and related agreements entered into by this hotel with the guest shall be in accordance with the provisions of these general terms and conditions
, and any matters not provided for in these general terms and conditions shall be in accordance with laws and regulations (meaning those based on laws and regulations or
.
In the event that this hotel agrees to a special agreement within the scope not contrary to laws, regulations, etc. and custom, such special agreement shall prevail notwithstanding the provisions of the preceding paragraph.

Article 2 Application for Accommodation Contract
1. A person wishing to apply for an accommodation contract with this hotel shall submit the following items to
.
(1) Name of the guest
(2) Date of stay and estimated time of arrival
(3) Accommodation charge (in principle, based on the basic accommodation charge in Appendix 1)
(4) Other items deemed necessary by this hotel
2. When this hotel requests the applicant to submit an accommodation list
with the name, address, and contact information of the guest, the applicant shall submit it immediately after the accommodation contract is concluded.

In the event that the guest requests to continue his/her stay beyond the date of stay stipulated in item 2 of paragraph 1 during his/her stay, this hotel shall treat such request as a new application for accommodation contract
at the time such request is made.

Article 3 Formation of Accommodation Contract, etc.
1. The accommodation contract shall be formed when this hotel accepts the application as described in the preceding article.
2. When a contract of accommodation has been concluded pursuant to the provisions of the preceding paragraph, an application fee determined by this hotel may be required to be paid at the time of arrival or by the date designated by this hotel (
).
The deposit shall first be applied to the room charge ultimately payable by the guest, followed by the cancellation fee and then by the compensation fee in the event that the provisions of Articles 6 and 18
apply, and any remaining amount shall be returned upon payment of the fee in accordance with Article 12
.
4. In the event that the application fee stipulated in paragraph 2 is not paid by the
date designated by this hotel pursuant to the same paragraph, the accommodation contract shall cease to be effective. However, this shall only apply in the event that this hotel has notified the guest to that effect prior to the
date specified for the payment of the application fee.
5. If the Hotel is unable to use electronic means to access the computer system due to reasons not attributable to the Hotel, the Hotel shall not be liable for any damage caused by the use of the computer system.

In the event that an incorrect room charge is presented on the screen or an incorrect room charge is announced by telephone, and an application for a room contract is made based on such a charge and accepted by this hotel, if such a charge is significantly lower than the room charge for the preceding or following date
, the hotel will cancel the room contract unless there is a reason for the lower charge such as “limited”, “special”, “campaign
“, etc., for such a charge. In this case, the hotel reserves the right to cancel the contract of accommodation as it is an acceptance due to a mistake under the Civil Code, unless there is an indication or notice of the reason for the lower rate, such as “limited,” “special,” “campaign,” etc.
6. The hotel may, on any day prior to the scheduled stay, contact the contact person indicated by the guest to confirm the reservation details at
.

Notwithstanding the provisions of Paragraph 2 of the preceding article, this hotel may accept a special contract in which the payment of the application fee set forth in Paragraph 2 of the preceding article is not required
after the conclusion of the contract.
2. In the event that this hotel, in accepting an application for accommodation contract, does not require the payment of the application fee set forth in Paragraph 2 of the preceding article
and does not specify the date of payment of said application fee, the hotel shall treat such application fee as having been paid
In the event that this hotel does not request the payment of the application fee in accordance with paragraph 2 of the preceding article or does not specify the date of payment of said application fee, it shall be deemed that this hotel has complied with the special contract set forth in the preceding paragraph.

Article 5 Refusal to Conclude an Accommodation Contract
1. The Hotel may refuse to conclude an accommodation contract in the following cases
(1) When the application for accommodation is not in accordance with these general terms and conditions.
(2)When there is no room available due to full occupancy.
(3) When it is recognized that the person who intends to stay is likely to act
against the provisions of laws and regulations, public order, or good morals in connection with the stay.
(4) When it is recognized that a person who intends to stay at the accommodation falls under any of the following cases
(a) Article 2, Item 2 of the Law Concerning Prevention of Unjust Acts by Organized Crime Groups (Law No. 77, 1991)
(i) Boryokudan prescribed in Article 2, item 6 of the same article (hereinafter referred to as “Boryokudan”). (hereinafter referred to as “Boryokudan”), or a Boryokudanjin prescribed in Article 2, item 6 of the same article (hereinafter referred to as “Boryokudan
referred to as “Boryokudan-in”)
(b) When the person who intends to stay at the hotel is a Boryokudan (organized crime group), a quasi-constituent of Boryokudan or a person related to Boryokudan, or other anti-social forces
(c) When the person who intends to stay at the hotel is a juridical person or other organization whose business activities are controlled by a Boryokudan or a Boryokudan member
(5)When a person who intends to stay at the hotel has filed complaints or demands without reasonable reason within this hotel, etc.
(6) When it is recognized that there is a possibility of disturbing the peaceful order in the hotel.
(6) When a person who intends to stay at the hotel has said or done something that causes significant inconvenience to other guests.
(7) When it is clearly recognized that the person who intends to stay is a person with a contagious disease.
(8) When a violent demand is made with regard to accommodation, or when a burden exceeding a reasonable range is demanded.
(9) When it is impossible to accommodate guests due to natural disasters, breakdown of facilities, or other unavoidable reasons.
(10) When a person who has applied for accommodation has made the application while concealing his/her own commercial purpose.

(11) When this hotel judges that it is legally or practically obliged to close due to an order, instruction, or recommendation by a government or municipal office.
(12) When the hotel does not have the physical or human resources to take the measures required by law or
or fact to prevent infection due to orders, instructions, or recommendations from the public authorities regarding a guest with a fever or cough, etc.
(13)When the case falls under the provisions of Article 5 of the Enforcement Ordinance of the Niigata Prefecture Ryokan Law.


A rticle 6 Guest’s right to cancel the contract
1. The guest may cancel the accommodation contract
in whole or in part at any time by paying to this hotel the cancellation fee stated in the attached table 2.
2. If the guest does not arrive at the hotel by 20:00 on the day of stay (or after 2 hours if the estimated time of arrival is clearly indicated
), the hotel may deem the contract of stay to have been cancelled by the guest. In such a case, the hotel will charge the cancellation fee as stated in
Appendix Table 2.

Article 7 Right of this hotel to cancel the contract
1. This hotel may cancel the accommodation contract in the following cases
(1) When it is recognized that the guest is likely to act
against the provisions of laws and regulations, public order or good morals in connection with his/her stay, or when it is recognized that the guest has committed such acts.
(2) When a guest is found to be disturbing the
peaceful order in the hotel, such as by making complaints or demands without reasonable grounds in the hotel.
(3) When it is recognized that the guest falls under any or all of the following items (a) through (c).
(a) When the applicant is a crime syndicate, a member of a crime syndicate, a quasi-organized member of a crime syndicate, or a person related to a crime syndicate, or any other antisocial force.
(b) When the guest is a crime syndicate or a juridical person or other organization whose business activities are controlled by a crime syndicate member
(c) When the juridical person has a person who falls under the category of a crime syndicate member among its officers
(4) When the guest has said or done something that causes significant inconvenience to other guests.
(5) When it is clearly recognized that the guest is a person with a contagious disease.
(6) When a violent demand is made with regard to accommodation, or when a burden exceeding a reasonable range is demanded.
(7) When it is impossible to accommodate guests due to force majeure such as natural disasters.
(8) When the case falls under the provisions of Article 5 of the Enforcement Ordinance of the Niigata Prefecture Ryokan Law.
(9) Smoking cigarettes in the guest room, tampering with fire-fighting equipment, etc., or otherwise failing to comply with the prohibitions in the
rules of use established by the hotel.
(10)When it is found out that the accommodation contract was made after the contract was concluded, as stipulated in Article 5 (10).

(11) When the person who has applied for accommodation has not immediately responded to the hotel’s request in accordance with Article 2, Paragraph 2.

(12) When this hotel judges that it is legally or practically obliged to close due to an order, instruction, or recommendation by a government or municipal office.
(13) When the hotel does not have the physical or human resources to take the measures required by law or
or fact to prevent infection due to orders, instructions, or recommendations from the public authorities regarding a guest with a fever or cough, etc.
(14) When there is an act in violation of the accommodation contract, and despite requests to correct the act, the act is not corrected.

When this hotel cancels the accommodation contract pursuant to the provisions of the preceding paragraph, no charge will be made for accommodation services, etc. that have not yet been provided to the guest.
However, if the cancellation is due to the guest’s conduct during the stay, the hotel will also charge the
fee for the accommodation services that have not yet been provided as a penalty.

Article 8 Accommodation Registration
1. The guest shall register the following items at the front desk of this hotel on the day of stay.
(1) Guest’s name, age, gender, address and contact information
(2) For a foreigner, nationality, passport number, place of entry, date of entry and a copy of passport
(3) Date and scheduled time of departure
(4) Other items deemed necessary by this hotel
2.

If the guest intends to pay the charges as specified in Article 12 by a method that can be substituted for currency, such as a room voucher or credit card, he/she may be asked to present such a method at the time of registration as specified in the preceding paragraph.


The hours of use of the guest room shall be from 3:00 p.m. to 10:00 p.m. the following day.

However, in the case of consecutive stays, the guest may use the room for the entire day, except for the day of arrival and the day of departure. Check-in and check-out times may vary depending on the plan.
Please confirm check-in and check-out times at the time of reservation.
2. Notwithstanding the provisions of the preceding paragraph, the hotel may accept the use of a room outside of the hours specified in the preceding paragraph.
In such cases, the following additional charges shall apply
(1) Before check-in: between 12:00 and 15:00, 1,100 yen to 2,200 yen per 30 minutes per room
(2) After check-out: between 10:00 and 13:00, 1,100 yen to 2,200 yen per 30 minutes per room
(3) Over 4 hours, the full room charge


Guests shall comply with the rules of use established by this hotel (including the use of the computer screen
, notices, information, etc.) while in the hotel.

Article 11 Business Hours
The business hours of the main facilities of the hotel are as follows, and detailed business hours of other facilities
will be provided by QR code in the guest room, posted in various places, and at the time of check-in.
(1) Service hours for front desk, cashier, etc.
B. Curfew Curfew: No curfew (however, the front door will be locked at 1:00 p.m.)
B. Front desk service: 7:00 to 24:00
C. Echigo Yuzawa Station shuttle service 9:00-18:00
(2) Service hours for food, beverages, etc.
B. Breakfast: 7:00-9:00 (restaurant/convention)
C.Lunch: 11:00-14:00 (restaurant/convention)
D. Dinner: 5:30pm – 8:30pm (Restaurant/Convention)
ii. Pub & Disco 8pm-11pm (by reservation only)
E. Toei Restaurant 16:00-20:00
(3) Incidental service facility hours
Large public bath: 3pm to 1am and 5am to 9:30am
Sauna: 3pm to 10pm
Sale hours: 7am to 10:30am and 3pm to 9pm
Ski room: 8:30am to 5:30pm (winter only)
2. The times listed above may be subject to temporary change if necessary or unavoidable.

Article 12 Payment of Charges
1. The accommodation charges to be paid by the guest shall be as set forth in Appendix 1.
2. Payment of the accommodation charges, etc. set forth in the preceding paragraph shall be made in currency or by a method acceptable to this hotel, such as accommodation vouchers, credit cards, etc.
which may be substituted therefor, at the front desk upon arrival check-in or departure check-out
of the guest, or when requested by this hotel. The room charge shall be paid at the front desk when the guest arrives, checks in or departs, or when requested by the hotel.
3. The room charge shall be charged even if the guest voluntarily does not stay
after the hotel has provided the room to the guest and made it available for use.

Article 13 Liability of this hotel
1. This hotel shall compensate for any damage caused to the guest in the performance of the accommodation contract and related agreements, or in the non-performance of such agreements
.
However, this shall not apply if the damage is not caused by reasons attributable to this hotel.
2. This hotel has Ryokan Liability Insurance to deal with any fire, etc. in case of emergency.


In the event that this hotel is unable to provide the contracted guest room, it shall, with the consent of the guest
, arrange for other accommodation under the same conditions as far as possible.
2. In the event that the hotel is unable to find other accommodation notwithstanding the provisions of the preceding paragraph, the hotel shall pay the guest a compensation fee equivalent to the cancellation fee
and shall apply such compensation fee to the amount of compensation for damages.
However, if there is no reason attributable to this hotel for not being able to provide the guest room
, the compensation fee will not be paid.


In the event of loss, damage or other
loss or damage to articles, cash or valuables deposited at the front desk by a guest, this hotel shall compensate for such damage
except in cases where such damage is caused by force majeure.
However, with respect to cash and valuables, if this hotel requires the guest to disclose the type and value of such items and the guest fails to do so, this hotel shall compensate for such damages up to the amount of 150,000 yen, except in the case of willful misconduct or gross negligence
by this hotel.
The hotel will not compensate for any articles, cash or valuables brought to the hotel by the guest that are not left at the front desk
, unless the loss, damage or other damage is caused by the intentional or negligent act of the hotel
.
3. The hotel cannot accept cash over 300,000 yen or goods with a market value of 300,000 yen or more.
4. In principle, guests are responsible for the safe deposit box in the room. In the event that the guest is allowed to continue to use the safe deposit box
after the guest’s departure, the hotel will unlock it, and if the guest does not instruct the hotel to do so, the hotel will report it to the nearest police station in accordance with the Lost and Found Law
.

Even if the Hotel is liable for damages under paragraphs 1 and 2, the Hotel shall not be liable for the following items
(1) Manuscripts, designs, drawings, account books and other similar items (magnetic tapes, magnetic disks, CDs, etc.)
Direct processing by information equipment (computers and peripheral equipment such as terminal equipment) such as ROMs, optical disks, etc.
This includes those recorded on a recording medium that is capable of doing so).

Article 16 Storage of luggage or personal belongings of guests and articles left behind
1. In the event that a guest’s luggage arrives at this hotel prior to his/her stay, it shall be stored responsibly only if the hotel
understands this prior to arrival, and shall be handed over when the guest checks in at the front desk or at the courier’s reception
.
2.
In the event that a guest’s luggage or personal belongings are left at the hotel after the guest has checked out, the hotel shall, in principle, await an inquiry from the owner and seek his/her instructions
. In the absence of such instructions from the owner or if the owner cannot be identified, the hotel shall notify the nearest police station within 7 days, including the day of discovery
, with respect to valuables.
In the absence of owner’s instructions or if the owner cannot be identified, valuable items shall be reported to the nearest police station within 7 days of discovery, and other items shall be disposed of after a lapse of 3 months.
However, food and beverages including souvenirs shall be disposed of on the same day, and cigarettes, magazines, plastic umbrellas, toiletries, underwear (pants, shirts, socks), etc. shall be disposed of the following day.
3. In the case of the preceding two paragraphs, the hotel’s responsibility for the custody of the guest’s baggage or personal effects shall be as provided for in paragraph 1 of the preceding article in the case of paragraph
1, and as provided for in the preceding paragraph in the case of the preceding paragraph.
In the case of the preceding paragraph, the provisions of paragraph 2 of the same article shall apply.



When a guest uses the hotel’s parking lot, regardless of whether or not he/she has deposited the keys to the vehicle, the hotel rents the parking space and is not responsible for the management of the vehicle.
However, the hotel will be liable to compensate for any damage caused by the hotel’s intentional or negligent management of the parking lot.


In the event that this hotel or a third party suffers damages as a result of the user’s use of the Internet, etc.
, the said user shall compensate this hotel or third party for such damages.
2. In order to ensure the smooth receipt of accommodation services based on the accommodation contract, in the unlikely event that the guest recognizes that accommodation services different from those contained in the accommodation contract have been provided, the guest shall promptly notify this hotel of such fact. In the event that the guest recognizes that accommodation services have been provided that differ from the content
of the accommodation contract, the guest must promptly inform this hotel of such
fact.
3. As smoking is prohibited in all hotel facilities (except designated smoking areas), if smoking is confirmed in the room or in the facilities
, the hotel shall pay the guest room cleaning fee due to smoking and any damage caused by lost sales opportunities. In the event that smoking is confirmed in a guestroom or on the premises
, the hotel shall compensate the guest for damages due to lost sales opportunities in accordance with the separate table 3.

Article 19 Disclaimer
1. The use of the Internet and computer communications (hereinafter referred to as “Internet, etc.”) within the Hotel (hereinafter referred to as “Internet, etc.”
) is subject to the following terms and conditions. Use of the Internet and computer communications (hereinafter referred to as “Internet, etc.”) within the Hotel (hereinafter referred to as “Internet, etc.”) shall be at the user’s own risk.


The Hotel shall not be liable for any loss or damage incurred by the User as a result of any interruption of the connection due to system failure or any other reason during the User’s use of the Internet, etc.

3. In the event that the Hotel or a third party suffers damages as a result of the User’s use of the Internet, etc., the User shall compensate the Hotel or the third party for such damages.


A rticle 20 Cleaning of Guest Rooms
1. In the event that a guest continuously stays in the same guest room, the guest room shall be cleaned once every 3 nights (4th day) in accordance with the intent of laws and ordinances, etc. and metropolitan and prefectural
regulations. However, if deemed necessary by the hotel, the rooms may also be cleaned at any time.


A rticle 21 Revision of Terms and Conditions
1. These Terms and Conditions may be revised at any time as necessary, and in the event of any revision, the Hotel shall post the revised Terms and Conditions and the effective date on the Hotel’s website or in the guest room
.

第22条 管轄裁判所と準拠法
２.当ホテルと宿泊客との間の宿泊契約に関する紛争は、日本法を準拠法とし、当ホテルの所
在地を管轄する地方裁判所又は簡易裁判所をもって第一審の専属的合意管轄裁判所としま
す。

Supplementary Provisions
Article 1. This hotel shall stipulate the
General Accommodation Conditions, which are identical to the Model Accommodation Conditions published by the Ministry of Land, Infrastructure, Transport and Tourism on December 11, 1987, as the Hotel’s General Accommodation Conditions, and shall come into effect on the same date.
Article 2. On December 1, 2024, this hotel shall partially revise the General Accommodation Conditions, and the revised conditions shall come into effect on the same day.