General Terms and Conditions for Accommodation Contract

Contracts for accommodation and related agreements to be entered into between kutokuan and the Guest shall be subject to these Terms and Conditions. Any matters not provided herein shall be governed by laws and regulations or generally-accepted practices.

Notwithstanding the preceding paragraph, in case kutokuan entered into special conditions with the Guest insofar as such special conditions do not violate any laws and regulations and generally-accepted practices, the special contract shall prevail over these Terms and Conditions.

The Guest, who intends to apply for an accommodation contract with kutokuan, shall notify kutokuan of the following matters:

1. 1）

   Name of Guest and his, her, or its contact information;

2. 2）

   Check-in date and check-out date

3. 3）

   Accommodation plan for which the Guest wishes to apply; and

4. 4）

   Other information deemed as necessary by kutokuan.

The Guest’s request for accommodation plan in item 3.) of paragraph 1 shall be specified only at the time when the Guest applies for accommodation contract. If the Guest subsequently requests an accommodation plan which is different from the accommodation plan requested by the Guest at the time of application for accommodation contract, the Guest shall apply for a new accommodation contract. Furthermore, a new accommodation contract does not suggest that the existing reservation will automatically be cancelled so necessary procedures will be required separately.

The Guest shall apply for an accommodation contract agreeing that the Guest shall not transfer the accommodation contract, reservation for accommodation or the right under the accommodation contract to any third party without kutokuan’s implicit consent, in order to prevent illicit resale and to provide all guests with fair accommodation opportunities.

The Guest shall apply for an accommodation contract agreeing that the Guest shall not apply for more than one accommodation contract with the same content on the same day or multiple accommodation contracts for similar dates with the same content without reasonable grounds in order for kutokuan to provide fair accommodation opportunities to any other guests as possible.

Accommodation contract shall be deemed to have been executed when kutokuan accepts the application under Article 2; provided, however, that depending on the accommodation plan, the accommodation contract shall be deemed to have been executed when the Guest makes advance payment after the application and kutokuan confirms the receipt of such payment. Notwithstanding the foregoing, the same shall not apply if it has been proven that kutokuan had not accepted the application.

There may be times when kutokuan will not agree to execute an accommodation contract under any of the following cases:

1. 1）

   When the application for accommodation does not conform to these Terms and Conditions;

2. 2）

   When there is no vacancy because kutokuan is fully booked;

3. 3）

   When the Guest is deemed to fall under any of the following:

   1. (a)

      an organized crime group (hereinafter referred to as “Organized Crime Group”), a member of Organized Crime Group (hereinafter referred to as “Organized Crime Group Member”) as prescribed in the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991), an associate member of Organized Crime Group, a person related to Organized Crime Group or other anti-social forces;

   2. (b)

      an entity or other organization whose business activity has been controlled by Organized Crime Group or Organized Crime Group Member; or

   3. (c)

      an entity which has a director or officer who falls under Organized Crime Group Member;

4. 4）

   When the Guest is deemed to be at risk of engaging in any act which is in violation of laws and regulations or any act which goes against the public order or good morals in connection with his, her or its stay;

5. 5）

   When the Guest is a patient with specified infectious diseases, etc.;

6. 6）

   When the Guest makes a violent demand to kutokuan or demands kutokuan for unreasonable burden;

7. 7）

   When kutokuan is unable to provide accommodation due to natural disaster, malfunction of facilities, or any other unavoidable reasons;

8. 8）

   When the Guest is deemed to be at the risk of not complying with these Terms and Conditions or kutokuan Regulations as prescribed by kutokuan within kutokuan; or

9. 9）

   When the circumstances fall under any provision of Ordinance for Enforcement of the Inns and Hotels Act which is applicable to kutokuan.

The Guest shall be entitled to cancel the accommodation contract for reasons attributable to kutokuan by notifying kutokuan.

The Guest shall be entitled to cancel the accommodation contract at his/her own discretion by notifying kutokuan, except for non-cancellable plans which are not allowed to be changed or canceled under the cancellation policy. In this case, kutokuan will charge a cancellation fee in accordance with the cancellation policy.

If the Guest does not arrive at kutokuan by 10pm of check-in date without an advance notice, the accommodation contract may be deemed as being cancelled by the Guest.

kutokuan shall have the right to cancel the accommodation contract under any of the following cases:

1. 1）

   When the Guest is deemed to be at the risk of engaging in, or has engaged in, any act which is in violation of laws and regulations or any act which goes against the public order or good morals in connection with his, her or its stay;

2. 2）

   When the Guest is a patient with specified infectious diseases, etc.;

3. 3）

   When kutokuan is unable to provide accommodation due to natural disaster, malfunction of facilities, or any other unavoidable reasons;

4. 4）

   When the Guest who wishes to stay at or use kutokuan is deemed to fall under any of the following:

   1. (a)

      an Organized Crime Group, Organized Crime Group Member, associated member of Organized Crime Group, person related to Organized Crime Group or other anti-social force;

   2. (b)

      an entity or other organization whose business activity has been controlled by Organized Crime Group or Organized Crime Group Member; or

   3. (c)

      an entity which has a director or officer who falls under Organized Crime Group Member;

5. 5）

   When the Guest makes an unreasonable coercive demand to kutokuan or its staff, including violence, threats or extortion, or demands kutokuan or its staff for unreasonable burden;

6. 6）

   When the Guest does not comply with the prohibited matters prescribed in these Terms and Conditions or kutokuan Regulations prescribed by kutokuan; or

7. 7）

   When the circumstances fall under any provision of Ordinance for Enforcement of the Inns and Hotels Act which is applicable to kutokuan.

8. 8）

   When a minor intends to stay at kutokuan without obtaining permission from his/her guardian.

9. 9）

   When kutokuan cannot make available a guestroom for the Guest for a reason other than provided under paragraph 3. ）of this Article 6. In such a case, kutokuan will make efforts to introduce other accommodations for the Guest.

10. 10）

    When it is deemed that the accommodation contract or the right under the accommodation contract has been transferred without the implicit consent of kutokuan.

11. 11）

    When it is deemed that the Guest has more than one accommodation contract with the same content on the same day, or has multiple accommodation contracts with the same content for similar dates without reasonable grounds.

The Guest shall register with kutokuan the following matters on the check-in date.

1. 1）

   Name, age, gender, address, telephone number and occupation of Guest;

2. 2）

   Nationality, passport number, and port and date of entry into Japan if the Guest is a foreigner who is not a mid or long-term resident of Japan;

3. 3）

   Date and scheduled time of departure; and

4. 4）

   Other matters deemed as necessary by kutokuan.

The Guest shall be entitled to use the guestroom between the check-in time and check-out time as prescribed in each accommodation contract.

Notwithstanding the preceding paragraph, there may be times when kutokuan may permit the Guest’s use of guestroom during the times other than the times prescribed in the preceding paragraph. In such case, the Guest shall pay an additional fee.

If a Guest's luggage arrives at kutokuan prior to the Guest's stay, kutokuan shall be responsible for storing it only if kutokuan agrees to do so prior to the Guest's arrival (including in cases where kutokuan specifies the method) and shall hand it over to the Guest upon the Guest's check-in.

After the Guest has checked out, kutokuan shall be responsible for the Guest's luggage or personal belongings only with the prior consent of kutokuan. If the luggage is not retrieved within the time period previously agreed upon by kutokuan, it shall be deemed to have been willfully abandoned and the right of ownership shall be relinquished.

If a Guest's personal belongings, such as luggage or personal effects, are left without kutokuan’s consent after the Guest has checked out and it can reasonably be inferred that they were intentionally left unattended, or if the Guest has not contacted kutokuan regarding his/her personal belongings after the expiration of the storage period specified by kutokuan from the date of check-out, kutokuan will discard the baggage or personal belonging as items which the Guest discarded; provided, however, that there may cases where kutokuan will take measures at its discretion such as keeping the baggage or personal belonging in its custody for a certain period and thereafter turning it over to have been willfully abandoned and the Guest's right to them shall be relinquished.

The Guest shall notify kutokuan in advance if the Guest wishes to bring a large amount of cash or valuables. In case kutokuan receives such notice, there may be times when kutokuan will not permit the Guest to bring the cash or valuables to kutokuan at kutokuan’s discretion. There may be cases where kutokuan will not be responsible for any damage to, stain on, or loss of large amounts of cash or valuables which the Guest brought to kutokuan without notifying kutokuan.

kutokuan will compensate the Guest for damages for any damage to, stain on, or loss of goods or cash which the Guest brought to kutokuan only in the case where kutokuan engaged in intentional misconduct or was grossly negligent.

With respect to the compensation of damages under the preceding paragraph, kutokuan shall compensate the amount of damages objectively proven or up to one hundred thousand Japanese yen (JPY100,000) in all other cases.

If kutokuan incurs any damages due to the Guest’s intentional misconduct or negligence, the Guest shall compensate kutokuan for such damages.

There may be cases where kutokuan will enter into the guestroom without the Guest’s permission even after the Guest has checked in under any of the following cases:

1. 1）

   When kutokuan provides its service such as cleaning or room service;

2. 2）

   When it is deemed that the Guest is at the risk of engaging in, or has engaged in, any act which is in violation of laws and regulations or any act which goes against the public order or good morals;

3. 3）

   When it is determined that the entry into the guestroom is necessary in accordance with the instructions of police or firefighter; or

4. 4）

   When it is determined that entry into the guestroom is necessary in order to protect the building or facility of kutokuan.

5. 5）

   When kutokuan has determined that entry into the guestroom is necessary in order to confirm or ensure safety of the Guest.

These Terms and Conditions shall be construed in accordance with the laws of Japan and the Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or in connection with these Terms and Conditions, but If the Hoshino facility is located outside of Japan, these Terms and Conditions shall be construed in accordance with the local laws of the Hoshino facility and the provision of the court of exclusive jurisdiction of the first instance shall not apply.