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Terms and Conditions for Accommodation Contract at HOTEL GRACERY NAHA
Terms and Conditions for Accommodation Contract at HOTEL GRACERY NAHA
Scope of Application
Article 1.
The accommodation Contract and related agreements between this Hotel (“the Hotel”) and the Guest staying at the hotel (“Guest”) shall be subject to these Terms and Conditions. Any rules not provided here shall be governed by law and regulations (including those based thereon; hereinafter the same shall apply) and/or general practices.
2 When the Hotel has agreed to conclude a special contract with the Guest insofar as it does not contravene applicable laws and regulations and generally accepted practices, the conditions of the said special contract shall prevail, notwithstanding the preceding paragraph.
Application for Accommodation Contract
Article 2.
A Guest who intends to make an application for an Accommodation Contract with the Hotel shall notify the Hotel of the following:
(1) Name of the Guest(s);
(2) Date of accommodation and estimated time of arrival;
(3) Accommodation Charges (based, in principle, on the Basic Accommodation Charges listed in the Attached Table No.1);
(4) Other Particulars deemed necessary by the Hotel
2 When the Guest requests, during his stay, an extension of the accommodation beyond the date in Sub paragraph (2) of the preceding Paragraph, it shall be regarded as an application for a new Accommodation Contract at the time such request is made.
Conclusion of Accommodation Contract, etc.
Article 3.
The Accommodation Contract shall be deemed as a concluded contract when the Hotel has duly accepted the application as stipulated in the preceding Article. However, the same shall not apply when it is has been proven that the Hotel has not accepted the application.
2 When a Accommodation Contract has been concluded in accordance with the provisions of the preceding Paragraph, the Guest is requested to pay an accommodation deposit fixed by the Hotel within the limits of Basic Accommodation Charges covering the Guest’s entire period of stay (3 days when the period of stay exceeds 3 days) by the date specified by the Hotel.
3 The deposit is firstly appropriate to the Total Accommodation Charges which to be paid by the Guest. The deposit is also appropriate to cancellation charges applied to Article 6 and Article 18, and the balance shall be refunded at the time of payment of the Accommodation Charges as stated in Article 12.
4 When the Guest fails to pay the deposit by the date as stipulated in Paragraph 2, the Hotel shall consider the Accommodation Contract as invalid. However, this will be applied only in the case when the Hotel has informed the Guest the period of payment of the deposit is specified.
Special Contracts Requiring No Accommodation Deposit
Article 4.
Notwithstanding the provisions of Paragraph 2 of the preceding Article, the Hotel may enter into a special contract requiring no accommodation deposit after the contract has been concluded as stipulated in the same Paragraph.
2 (Request for Cooperation with Infection Prevention Measures at Facility)
2. The Hotel may request cooperation from persons seeking accommodation pursuant to the provisions of paragraph (1), Article 4-2 of the Hotel Business Act (Act No. 138 of 1948)."
Refusal of Accommodation Contracts
Article 5.
The Hotel may not accept the conclusion of an Accommodation Contract under any of the following cases.
However, this paragraph does not mean that the Hotel may refuse accommodation in cases other than those listed in Article 5 of the Hotel Business Act."
(1) When the application for accommodation does not conform with the provisions of these Terms and Conditions;
(2) When the Hotel is fully booked and no room is available;
(3) When the Guest seeking accommodation is deemed liable to conduct themself in a manner that will contravene the laws or act against the public order or good morals in regard to their accommodation;
(4) When the Guest seeking accommodation is recognized to fall under any of the following (a) to (d):
a. an organized crime group as defined in Article 2, item (ii) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991) (hereinafter “Organized Crime Group”), a member of an Organized Crime Group as defined in Article 2, item (vi) of the same Act (“Organized Crime Group Member”), quasi-member of or person related to an Organized Crime Group, or any other antisocial force;
b. a corporate body or any other group whose business activities are controlled by an Organized Crime Group or Organized Crime Group Member;
c. a corporate body which has an officer falling under an Organized Crime Group Member; or
d. a quasi-Organized Crime Group or any other crime group;
(5) When the Guest seeking accommodation conducts themself in a manner that disturbs or annoys other guests;
(6) When the Guest seeking accommodation is a patient, etc. with a specified infectious disease prescribed in item (ii), paragraph (1), Article 4-2 of the Hotel Business Act (“Patient, Etc. with a Specified Infectious Disease”);
(7) When a violent demand is made or a burden that exceeds a reasonable range is requested in relation to accommodation, except when the person seeking accommodation requests the elimination of a social barrier pursuant to the provision of paragraph (2), Article 7 or paragraph (2), Article 8 of the Act for Eliminating Discrimination against Persons with Disabilities (Act No. 65 of 2013) (hereinafter “Discrimination Elimination Act”);
(8) When the Guest seeking accommodation repeatedly makes a request prescribed in Article 5-6 of the Regulations for Enforcement of the Hotel Business Act, the implementation of which will create an excessive burden and may considerably obstruct the provision of accommodation-related services to other guests;
(9) When the Hotel is unable to provide accommodation due to natural disasters, malfunction of its facilities, or other unavoidable causes; or
(10) When the provision of Article 5 of the Ordinance for Enforcement of the Hotel Business Act issued by Naha City is applicable.
2 When hotel guests use parking facilities located on or off the hotel premises, they must comply with the rules and regulations of the respective parking facility. The hotel provides recommendations or guidance on parking locations but assumes no responsibility for vehicle management, regardless of whether vehicle keys are entrusted to the hotel.
Right to Cancel Accommodation Contracts by the Guest
Article 6.
The Guest is entitled to cancel the Accommodation Contract by so notifying the Hotel.
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 listed in the Attached Table No.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 by the Guest.
3 In the case when the Guest does not appear by 10:00 p.m. of the accommodation date (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 Contracts by the Hotel
Article 7.
The Hotel may cancel the Accommodation Contract in the following cases.
However, this paragraph does not mean that the Hotel may refuse accommodation in cases other than those listed in Article 5 of the Hotel Business Act:"
(1) When the Guest is deemed liable to conduct or have conducted themself in a manner that contravenes laws or acts against the public order or good morals in regard to their accommodation;
(2) When the Guest is recognized to fall under any of the following (a) to (d):
a. an Organized Crime Group, a member or quasi-member of an Organized Crime Group, a person related to an Organized Crime Group, or any other antisocial force;
b. a corporate body or any other group whose business activities are controlled by an Organized Crime Group or Organized Crime Group Member;
c. a corporate body which has an officer falling under an Organized Crime Group Member; or
d. a quasi-Organized Crime Group or any other crime group;
(3) When the Guest conducts themself in a manner that disturbs or annoys other guests;
(4) When the Guest is a patient, etc. with a specified infectious disease;
(5) When a violent demand is made or a burden that exceeds a reasonable range is requested in relation to accommodation, except when the Guest requests the elimination of a social barrier pursuant to the provision of paragraph (2), Article 7 or paragraph (2), Article 8 of the Discrimination Elimination Act);
(6) When the Guest repeatedly makes a request prescribed in Article 5-6 of the Regulations for Enforcement of the Hotel Business Act, the implementation of which will create an excessive burden and may considerably obstruct the provision of accommodation-related services to other guests.
(7) When the Hotel is unable to provide accommodation due to natural disasters or any other causes of force majeure;
(8) When the provision of Article 5 of the Ordinance for Enforcement of the Hotel Business Act issued by Naha City is applicable; or
(9) When the Guest performs prohibited actions such as smoking in bed, interfering with fire-fighting facilities, and other prohibitions in the Use Regulations stipulated by the Hotel (restricted to particulars deemed necessary in order to avoid the causing of fires);
2 If the Hotel cancels an accommodation contract pursuant to the preceding Article, the Guest may request that the Hotel explain the reason therefor.
Registration
Article 8.
The Guest shall register the following particulars at the front desk of the Hotel on the day of accommodation.
(1) Guest’s name, address, and contact information;
(2) Except Japanese, nationality, passport number, port and date of entry in Japan;
(3) Other particulars deemed necessary by the Hotel.
2 In the case that the Guest intends to pay the Accommodation Charges prescribed in Article 12 by any means other than Japanese currency, such as gift certificates (gift coupons), coupons, or credit card, these credentials shall be shown in advance at the time of the registration prescribed in the preceding Paragraph.
Occupancy Hours of Guest Rooms
Article 9.
The Guest is entitled to occupy the contracted guest room of the Hotel from 2:00 p.m. to 11:00 a.m. the next morning.
However, in the case when the Guest is accommodation continuously, except for the days of arrival and departure, the Guest may occupy the room all day long.
2 The Hotel may, notwithstanding the provisions prescribed in the preceding Paragraph, 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.
-1 Up to 2:00p.m. 1,100 yen (including tax), per person per hour
-2 After 2:00p.m. room charge in full
Observance of Use Regulations
Article 10.
The Guest shall observe the Use Regulation established by the Hotel, which are posted in this Hotel.
Business Hours
Article 11.
The business hours of the main facilities, etc. of the Hotel are as follows, and those of other facilities, etc. shall be notified in detail by brochures as provided, notices displayed in each location, service directories in guest rooms, and other locations.
(1) Service hours of front desk: 24 hours
(2) Dining Facility – 2nd Floor BONSALUTE : 6:30 AM to 10:00 AM
2 The business hours specified in the preceding Paragraph are subject to temporary changes due to unavoidable causes of the Hotel. In such a case, the Guest shall be informed by appropriate means.
Payment of Accommodation Charges
Article 12.
The breakdown and method of calculation of the Accommodation Charges, etc. that the Guest shall pay is as listed in the Attached Table No.1.
2 Accommodation Charges, etc. as stated in the preceding Paragraph shall be paid with Japanese currency or by any means other than Japanese currency (excluding personal checks) such as gift certificates (gift coupons), coupons or credit cards recognized by the Hotel at the front desk at the time of arrival of the Guest or upon request by the Hotel.
3 Accommodation Charges shall be paid even if the Guest voluntarily does not utilize the accommodation facilities provided for him by the Hotel and are at his disposal.
Liabilities of the Hotel
Article 13.
The Hotel shall compensate the Guest for the damage if the Hotel has caused such damage to Guest in the fulfillment or the nonfulfillment of the Accommodation Contract and/or related agreements. However, the same shall not apply in case when such damage has been caused due to reasons for which the Hotel is not liable.
2 The Hotel is covered with the Hotel Liability Insurance to cope unexpected fire and/or other disasters. The Hotel has also received the “PASS MARK” (certificate of execellence of Fire Prevention Standard issued by the fire station).
Handling When the Hotel is unable to Provide Contracted Rooms
Article 14.
The Hotel shall, when unable to provide contracted rooms, arrange accommodation of the same standard elsewhere for the Guest insofar as practicable with the consent of the Guest.
2 When arrangement of other accommodation 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 reparations. However, when the Hotel cannot provide accommodation due to causes for which the Hotel is not liable, the Hotel shall not compensate the Guest.
Handling of Deposited Articles
Article 15.
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 the case of cash and valuables, if the Guest has failed to report its kind and value when as requested by the Hotel, the Hotel shall compensate the Guest within the limits of 150,000yen.
2 The Hotel shall compensate the Guest for the damage when loss, breakage or other damage is caused, through intention 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 front desk. However, for articles of which the kind and value has not been reported in advance by the Guest, the Hotel shall compensate the Guest within the limits of 150,000 yen.
Custody of Baggage and/or Belongings of the Guest
Article 16.
When the baggage of the Guest is brought into the Hotel before his arrival, the Hotel shall be liable to keep it only in the case when such a request has been accepted by the Hotel. The baggage shall be handed over to the Guest at the front desk at the time of his check-in.
2 When the baggage or belongings of the Guest is found left after his check-out, the Hotel shall keep the article for 7 days including the day it is found, and after this period, the Hotel shall turn it over to the nearest police station.
3 The Hotel liability in regard to the custody of the Guest’s baggage and 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 case of Paragraph 2.
Liability in regard to Parking
Article 17.
The Hotel shall not be liable for the custody of the Guest’s vehicle when the Guest utilizes the parking lot within the premises of the Hotel, as it shall be regarded that the Hotel simply offers 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 intention or negligence on the part of the Hotel in regard to the management of the parking lot.
Liability of the Guest
Article 18.
The Guest shall compensate the Hotel for the damage caused through intention negligence on the part of the Guest.
Governing Language
Article 19.
These provisions are written both in Japanese and English. In the event of any inconsistency or difference between the two versions of these provisions, the Japanese version shall prevail in all respects.
Jurisdiction and Applicable Laws
Article 20.
Any dispute arising from or in relation to these provisions shall be referred to the Japanese court having jurisdiction over the location of this Hotel and resolved in accordance with applicable Japanese laws.
Attached Table No. 1
Calculation method for Accommodation Charges, etc.
(Ref. Paragraph 1 of Article 2 and Paragraph 1 of Article 13)
Contents
Total Amount to be paid by the Guest Accommodation
・Charges
①Basic Accommodation Charge (Room Charge)
②Service Charge (①×10%)
③Taxes
(1)Consumption Tax{(①＋②)×consumption tax rate(%)}
・Extra Charges
④Extra Meels & Drinks
⑤Service Charge (④×10%) (the service fees may not be charged)
⑥Taxes (1)Consumption Tax {(④＋⑤)×consumption tax rate (%)}
⑦Other Usage Fees
⑧Service Charges (⑦×10%, the service fees may not be charged)
⑨Consumption Tax {⑦＋⑤)×consumption tax rate (%)}
Attached Table No. 2
Cancellation Charge for The Hotel (Ref. Paragraph 2 of Article 6)
(1)Normal time (other than event periods)
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Date When Cancellation of Contract is Notified
- No Show
Constracted Number of Guests
・Individual 1 to 14 : 100%
・Group 15 and more : 100%
- Accommodation Day
Constracted Number of Guests
・Individual 1 to 14 : 80%
・Group 15 and more : 80%
- 1 Day Pror to Accommodation Day
Constracted Number of Guests
・Individual 1 to 14 : 20%
・Group 15 and more : 20%
- 9 Days Prior to Accommodation Day
Constracted Number of Guests
・Individual 1 to 14 :
・Group 15 and more : 10%
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Remarks:
1. The percentage signifies the rate of cancellation charge to the Basic Accommodation Charges.
2. When the number of days contracted is shortened, cancellation charge for its first day shall be paid by the Guest regardless of the number of days shortened.
3. When part of a group booking (for 15 persons or more) is cancelled, the cancellation charge shall not be charged for the number of persons equivalent to 10% of the number of persons booked as of 10 days prior to the occupancy (when accepted less than 10 days prior to the occupancy, as of the date) with fraction counted as a whole number.
(2)Event period
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Date When Cancellation of Contract is Notified
- No Show
Constracted Number of Guests
・Individual 1 to 14 : 100%
・Group 15 and more : 100%
- Accommodation Day to 7 Days
Constracted Number of Guests
・Individual 1 to 14 : 100%
・Group 15 and more : 100%
- 8 Days Prior to 60 Days Prior
Constracted Number of Guests
・Individual 1 to 14 : 50%
・Group 15 and more : 50%
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※“Event period” shall refer to the period in which a large-scale event (such as a fireworks festival, concert, sport competition, expo, etc.) is to be held in the area around the hotel. The dates of such a period shall be determined by the hotel and announced in advance.
