KÚON HAKONE GORA
Terms and Conditions of Accommodation
Article 1 (Scope of Application)
1. Accommodation contracts and related agreements entered into between the Hotel and its guests shall be governed by these Terms and Conditions. Matters not provided for herein shall be governed by laws and regulations or generally established customs.
2. Notwithstanding the preceding paragraph, where the Hotel agrees to a special agreement that does not contravene laws, regulations or customs, that special agreement shall take precedence.
Article 2 (Application for an Accommodation Contract)
1. A person applying for an accommodation contract with the Hotel shall provide the following information to the Hotel:
(1) The guest’s name, address, telephone number and email address
(2) The dates of the stay and the expected arrival time
(3) Any other information the Hotel deems necessary
2. If, during their stay, a guest requests an extension beyond the dates specified in item 2 of the preceding paragraph, the Hotel shall treat that request as an application for a new accommodation contract made at the time of the request.
Article 3 (Conclusion of an Accommodation Contract and Related Matters)
1. An accommodation contract shall be concluded when the Hotel accepts the application referred to in the preceding Article. This shall not apply, however, if the Hotel proves that it did not accept the application.
2. Once an accommodation contract has been concluded under the preceding paragraph, the guest shall pay a reservation deposit determined by the Hotel, up to the total basic accommodation charges for the stay, by the date specified by the Hotel.
3. The reservation deposit shall first be applied toward the accommodation charges ultimately payable by the guest. If circumstances arise in which Articles 6 and 19 apply, it shall be applied first to cancellation charges and then to compensation for damages. Any remaining balance shall be refunded when payment is made under Article 12.
4. If the reservation deposit referred to in paragraph 2 is not paid by the date specified by the Hotel under that paragraph, the accommodation contract shall cease to be effective. This shall apply only if the Hotel notified the guest of this consequence when specifying the deposit payment deadline.
Article 4 (Special Agreements Waiving the Reservation Deposit)
1. Notwithstanding paragraph 2 of the preceding Article, the Hotel may agree to a special agreement under which payment of the reservation deposit specified in that paragraph is not required after the contract has been concluded.
2. If, when accepting an application for an accommodation contract, the Hotel does not request payment of the reservation deposit specified in paragraph 2 of the preceding Article or does not specify a payment deadline for that deposit, the Hotel shall be deemed to have agreed to the special agreement referred to in the preceding paragraph.
Article 5 (Refusal to Enter into an Accommodation Contract)
The Hotel may refuse to enter into an accommodation contract in the following cases:
(1) When the application for accommodation does not comply with these Terms and Conditions.
(2) When no guest rooms are available because the Hotel is fully booked.
(3) When the prospective guest is considered likely to engage in conduct relating to their stay that violates laws or regulations, public order or public morals.
(4) When the prospective guest is considered to fall under any of the following categories, a through c:
a. An organized crime group member as defined in Article 2, item 6 of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of Heisei 3; hereinafter an “organized crime group member”); an organized crime group as defined in Article 2, item 2 of the same Act (hereinafter an “organized crime group”); an associate member of an organized crime group; a person associated with an organized crime group; or another antisocial force.
b. A corporation or other organization whose business activities are controlled by an organized crime group or its members.
c. A corporation with an officer who is an organized crime group member.
(5) When the prospective guest has engaged in speech or conduct that causes a serious disturbance to other guests.
(6) When the prospective guest is clearly recognized as having a contagious disease.
(7) When violent demands are made in connection with the stay, or the Hotel is asked to assume burdens beyond a reasonable scope.
(8) When the Hotel is unable to provide accommodation due to a natural disaster, a facility malfunction or other unavoidable circumstances.
(9) When the provisions of Article 4 of the Kanagawa Prefectural Ordinance for Enforcement of the Hotel Business Act apply.
Article 6 (The Guest’s Right to Cancel the Contract)
1. A guest may cancel the accommodation contract by notifying the Hotel.
2. If a guest cancels all or part of the accommodation contract for reasons attributable to the guest, the Hotel shall charge cancellation charges as specified in Appendix 2. This excludes cases in which the Hotel has requested payment of a reservation deposit and specified its payment deadline under Article 3, paragraph 2, and the guest cancels the contract before that deadline. If the Hotel has agreed to the special agreement under Article 4, paragraph 1, cancellation charges shall apply only if the Hotel notified the guest, when agreeing to that special agreement, of the obligation to pay cancellation charges upon cancellation of the accommodation contract.
3. If a guest fails to arrive without notifying the Hotel by the expected arrival time on the day of the stay (or 2 hours after that time if it has been specified in advance), the Hotel may treat the accommodation contract as having been canceled by the guest.
Article 7 (The Hotel’s Right to Cancel the Contract)
1. The Hotel may cancel the accommodation contract in the following cases:
(1) When the guest is considered likely to engage in, or is considered to have engaged in, conduct relating to their stay that violates laws or regulations, public order or public morals.
(2) When the guest is considered to fall under any of the following categories, a through c:
a. An organized crime group, an organized crime group member, an associate member of an organized crime group, a person associated with an organized crime group, or another antisocial force.
b. A corporation or other organization whose business activities are controlled by an organized crime group or its members.
c. A corporation with an officer who is an organized crime group member.
(3) When the guest has engaged in speech or conduct that causes a serious disturbance to other guests.
(4) When the guest is clearly recognized as having a contagious disease.
(5) When violent demands are made in connection with the stay, or the Hotel is asked to assume burdens beyond a reasonable scope.
(6) When the Hotel is unable to provide accommodation due to a natural disaster or other unavoidable circumstances.
(7) When the provisions of Article 4 of the Kanagawa Prefectural Ordinance for Enforcement of the Hotel Business Act apply.
(8) When the guest smokes in bed in a bedroom, tampers with firefighting equipment or otherwise fails to observe prohibitions in the Hotel’s Rules of Use, limited to those necessary to prevent ignition and fire.
2. If the Hotel cancels the accommodation contract under the preceding paragraph, it shall not charge the guest for accommodation services or other services that have not yet been provided.
Article 8 (Guest Registration)
1. On the day of arrival, guests shall register the following information at the Hotel’s front desk or in their guest room:
(1) The guest’s name, age, gender, address and occupation
(2) For foreign nationals, nationality, passport number, place of entry and date of entry (a copy of the passport must be presented for verification)
(3) The departure date and expected departure time
(4) Any other information the Hotel deems necessary
2. Guests who intend to pay the charges specified in Article 12 using traveler’s checks, accommodation vouchers, credit cards or other alternatives to currency shall present them in advance when registering under the preceding paragraph.
Article 9 (Guest Room Occupancy Hours)
1. Guests may use their guest rooms from 1 p.m. until 10 a.m. the following morning. Guests staying for consecutive nights may use their rooms throughout the day, except on the days of arrival and departure.
2. Notwithstanding the preceding paragraph, the Hotel may permit the use of guest rooms outside the hours specified therein. In such cases, additional charges determined by the Hotel shall apply.
Article 10 (Compliance with the Rules of Use)
While on the Hotel premises, guests shall comply with the Rules of Use established by the Hotel and posted within the building or provided in guest rooms and other locations.
Article 11 (Operating Hours)
The operating hours of the Hotel’s main facilities and other amenities are provided in the available brochures, guest room information and notices posted at various locations.
Article 12 (Payment of Charges)
1. The breakdown of accommodation charges and other fees payable by guests shall be as specified in Appendix 1.
2. The accommodation charges and other fees referred to in the preceding paragraph shall be paid at the front desk or in the guest room upon departure or when requested by the Hotel, in currency or by traveler’s checks, accommodation vouchers, credit cards or other alternatives accepted by the Hotel.
3. Accommodation charges shall remain payable even if a guest voluntarily chooses not to stay after the Hotel has provided a room and made it available for use.
Article 13 (Liability of the Hotel)
1. The Hotel shall compensate guests for damage caused in the performance of, or by failure to perform, the accommodation contract and related agreements. This shall not apply if the damage is not attributable to the Hotel.
2. The Hotel maintains hotel liability insurance to cover contingencies such as fire.
Article 14 (Arrangements When a Guest Room Cannot Be Provided)
1. If the Hotel is unable to provide the contracted guest room, it shall, with the guest’s consent, arrange accommodation at another establishment on the same terms wherever possible.
2. Notwithstanding the preceding paragraph, if the Hotel is unable to arrange alternative accommodation, it shall pay the guest compensation equivalent to the cancellation charges, and that compensation shall be applied toward damages. No compensation shall be paid, however, if the inability to provide the guest room is not attributable to the Hotel.
Article 15 (Handling of Deposited Items and Other Property)
1. The Hotel shall compensate guests for loss, damage or other harm to goods, cash or valuables deposited at the front desk, except in cases of force majeure. For cash and valuables, however, if the guest fails to declare their type and value when requested by the Hotel, compensation shall be subject to a certain limit in accordance with laws and regulations.
2. The Hotel shall compensate guests for loss, damage or other harm caused by the Hotel’s intentional act or negligence to goods, cash or valuables brought onto the premises but not deposited at the front desk. For items whose type and value were not declared by the guest in advance, however, compensation shall be limited to JPY 150,000, except in cases of intentional misconduct or gross negligence by the Hotel.
Article 16 (Safekeeping of Guests’ Luggage and Personal Belongings)
1. If a guest’s luggage arrives at the Hotel before their stay, the Hotel shall take responsibility for its safekeeping only if it agreed to do so before the luggage arrived, and shall hand it over when the guest checks in at the front desk.
2. If a guest’s luggage or personal belongings are found at the Hotel after checkout and the owner can be identified, the Hotel shall contact the owner and request instructions. If no instructions are received or the owner cannot be identified, the Hotel shall keep the items for 7 days, including the day they were found, and then hand them over to the nearest police station or dispose of them in accordance with laws and regulations. Food, beverages and items that compromise sanitary conditions may be disposed of on the day they are found at the Hotel’s discretion.
Article 17 (Entry into Guest Rooms)
1. The Hotel may enter a guest room without the guest’s permission, even after check-in, in the following circumstances:
1. When providing Hotel services such as housekeeping or room service
2. When conduct that violates laws or regulations, the Rules of Use, public order or public morals is considered likely to occur or is considered to have occurred
3. When entry is deemed necessary in accordance with instructions from the police or fire department
4. When entry is deemed necessary to preserve the building or its facilities
5. When the Hotel deems entry necessary to check on the guest’s well-being or ensure their safety
Article 18 (Liability for Parking)
When guests use the Hotel’s parking lot, the Hotel provides a parking space and does not assume responsibility for the custody of the vehicle, regardless of whether the vehicle’s keys have been deposited with the Hotel. However, the Hotel shall be liable for damage caused by its intentional act or negligence in managing the parking lot.
Article 19 (Liability of Guests)
If the Hotel suffers damage due to a guest’s intentional act or negligence, that guest shall compensate the Hotel for the damage.
Article 20 (Amendment of These Terms and Conditions)
1. Pursuant to Article 548-4 of the Civil Code, the Hotel may amend these Terms and Conditions if the amendments serve the general interests of guests, or if they do not conflict with the purpose of the accommodation contract and are reasonable in light of the need for the amendments, the appropriateness of the amended provisions and other circumstances relating to the amendments.
2. When amending these Terms and Conditions, the Hotel shall specify when the amended terms take effect and notify guests at least 1 month before the effective date by posting them on the Hotel’s official website or by other appropriate means.
Article 21 (Jurisdiction and Governing Law)
All disputes arising in connection with the accommodation contract shall be governed by Japanese law, and the district court or summary court having jurisdiction over the Hotel’s location shall, by agreement, have exclusive jurisdiction as the court of first instance.
Appendix 1: Breakdown of Accommodation Charges and Other Fees (Relating to Article 12, Paragraph 1)
| Category | Breakdown |
|---|---|
| Total amount payable by the guest | ① Basic accommodation charge (room charge + food and beverage charges for dinner, breakfast, etc.) ② Service charge ③ Additional charges (additional food and beverage charges, facility usage fees, etc.) ④ Taxes (consumption tax, hot spring bathing tax, etc.) |
Appendix 2: Cancellation Charges (Relating to Article 6, Paragraph 2)
※Percentages indicate the cancellation charge as a proportion of the basic accommodation charge (or total contract amount).
※Depending on the accommodation plan or booking channel, a stricter cancellation policy than the above may take precedence.
| Date cancellation notice is received | Cancellation charge rate |
|---|---|
| No-show (without notice) | 100% |
| On the day of arrival | 100% |
| The previous day (1 day before) | 80% |
| From 3 days before arrival | 50% |
| From 10 days before arrival | 30% |