Terms & Conditions Of Accomodation Contracts

Scope Of Application

Article 1.

1. Contracts for accommodation and related agreements to be entered into between Casa CABaN HAYAMA ((hereinafter referred to as the Hotel) and the Guest to be accommodated shall be subject to these Terms and Conditions for Accommodation Contracts. Any particulars not provided for herein shall be governed by laws and regulations, etc. (meaning laws and regulations and/or anything pursuant to such laws and regulations, and the same shall apply hereinafter), and/or generally accepted practices.
2. In the case where the Hotel has entered into a special contract with the Guest insofar as such special contract does not violate laws and regulations, etc. and generally accepted practices, notwithstanding the preceding Paragraph, the special contract shall take precedence over the provisions of these Terms and Conditions for Accommodation Contracts.

Application For Accommodation Contracts

Article 2.

1. The Guest who intends to make an application for an Accommodation Contract with the Hotel shall notify the Hotel of the following particulars:
   • Name of the Guest(s);
   • Date(s) of accommodation and estimated time of arrival;
   • Accommodation Charges (based, in principle, on the Basic Accommodation Charges listed in Table No.1, attached);
   • (a) Name of the person applying for an Accommodation Contract and his/her contact information;
     (b) Name of the person paying for the accommodation charges and his/her contact information; and"
   • Other particulars deemed necessary by the Hotel.
2. If the Guest requests, during his/her stay, an extension of the accommodation beyond the date(s) in Subparagraph (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 Contracts, Etc.

Article 3.

1. An Accommodation Contract shall be deemed to have been concluded when the Hotel has duly accepted the application as stipulated in the preceding Article. However, the same shall not apply where it has been proved that the Hotel has not accepted the application.
2. When an 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 by the date specified by the Hotel.
3. The deposit shall be first used for the total Accommodation Charges to be paid by the Guest, then secondly for the cancellation charges under Article 6 Paragraph 2, Article 7 Paragraph 2 and thirdly for the reparations under Article 19 as applicable, and the remainder, if any, shall be refunded at the time of payment of the Accommodation Charges as stated in Article 12 Paragraph 2.
4. When the Guest has failed to pay the deposit by the date as stipulated in Paragraph 2, the Hotel shall treat the Accommodation Contract as invalid. However, the same shall apply only in the case where the Guest is thus informed by the Hotel when the period of payment of the deposit is specified.

Special Contracts Requiring No Accommodation Deposit

Article 4.

1. 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. In the case where the Hotel has not requested the payment of the deposit as stipulated in Paragraph 2 of the preceding Article and/or has not specified the date of the payment of the deposit at the time the application for an Accommodation Contract has been accepted, it shall be treated as that the Hotel has accepted a special contract prescribed in the preceding Paragraph.

Request To Provide Necessary Cooperation To Prevent The Spread Of Infection

Article 4-2.

1. The Hotel may request cooperation from the Guest seeking accommodation pursuant to the provisions of Article 4-2, Paragraph 1 of the Hotel Business Act (Act No. 138 of 1948).

Refusal To Enter Into Accommodation Contracts

Article 5.

The Hotel may refuse to conclude an Accommodation Contract under any of the following cases. However, this Paragraph shall 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 to 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 him/herself in a manner that will contravene the laws and regulations or act against the public order or good morals in regard to his/her accommodations;
4. When the Guest seeking accommodation is a patient, etc. of a specified infectious disease (hereinafter referred to as "patient, etc. of a specified infectious disease") stipulated in Article 4-2, Paragraph 1, Item 2 of the Hotel Business Act;
5. When the Guest seeking accommodation is an organized crime group, a member or an associate member of an organized crime group, an enterprise related to an organized crime group, a corporate racketeer or the like, a miscreant advocating political activism, an intellectual crime group, a quasi-organized crime group or any other crime group and/or any other anti-social forces;
6. When the Guest seeking accommodation is a corporation or any other organization whose business activities are controlled by an organized crime group or by a member of an organized crime group;
7. When the Guest seeking accommodation is a corporation and one of its executive officers is a member of an organized crime group;
8. When the Guest seeking accommodation makes any coercive and/or unreasonable demand against the Hotel or Hotel employee such as violence, threats and blackmail, or requests the Hotel or Hotel employee to assume any burden beyond a reasonable range, or is deemed to have taken such action(s) in the Hotel or other Hotel(s) in the past (except when the Guest seeking accommodation is demanding to eliminate a social barrier pursuant to the provisions of Article 7, Paragraph 2 or Article 8, Paragraph 2 of the "Act for Eliminating Discrimination against Persons with Disabilities" (Act No. 65 of 2013, hereinafter referred to as the "Act for Eliminating Discrimination against Persons with Disabilities"));
9. When the Guest seeking accommodation makes repeated demands to the Hotel which are so burdensome that they may seriously impede the provision of accommodation-related services to other staying guests, as stipulated in Article 5-6 of the Ordinance of Enforcement of the Hotel Business Act;
   (including but not limited to requests for matters that are difficult to realize, demands involving coarse, violent, insulting, persistent, coercive, or discriminatory behavior, or other actions that impose a burden on the physical or mental well-being of employees, or specific acts of customer harassment as listed in attached Table No. 3)
10. When the Hotel is unable to accept a request for accommodation due to natural disasters, dysfunction of facilities or other unavoidable causes;
11. When the Guest seeking accommodation does not provide all the information required under Article 8;
12. When the Guest seeking accommodation is known to use the Hotel for purposes other than accommodations in advance (including but not limited to parties, gatherings, and/or any business activities such as exhibitions, sales events or commercial photo shoots without the prior approval of the Hotel);
13. When the Guest seeking accommodation is intoxicated, etc. and is deemed likely to cause other guests to feel disturbed, in danger, threatened or unsafe (as stipulated in the provisions of Article 4 of the Kanagawa Prefecture Ordinance for Enforcement of the Hotel Business Act.)
14. When the Guest seeking accommodation has posted malicious content on social media, online bulletin boards, or similar platforms, including false information or defamatory statements about the Hotel or its employees;
15. When minors seek accommodation without the permission of a parent or guardian; and
16. When the same user is deemed to have made duplicate applications for Accommodation Contracts on the same date, or multiple applications for Accommodation Contracts with similar dates, without reasonable justification.

Explanation Of Refusal To Enter Into Accommodation Contracts

Article 5-2.

1. In the event the Hotel refuses to enter into an Accommodation Contract in accordance with the preceding Article, the Guest seeking accommodation may request the Hotel to explain the reasons for such refusal

Right To Cancel Accommodation Contracts By The Guest

Article 6.

1. The Guest may cancel the Accommodation Contract by notifying the Hotel.
2. If the Guest has canceled the Accommodation Contract in whole or in part due to causes for which the Guest is liable, the Guest shall pay cancellation charges as listed in Attached Table No. 2.
3. In the case where the Guest does not arrive at the Hotel by 8:00 pm of the accommodation date (or within two hours after the expected time of arrival that the Hotel has been notified of) and fails to notify the Hotel in advance, the Hotel may regard the Accommodation Contract as being cancelled by the Guest.

Right To Cancel Accommodation Contracts By The Hotel

Article 7.

1. The Hotel may cancel an Accommodation Contract under any of the following conditions below. However, this Paragraph shall not mean that the Hotel may refuse accommodation in cases other than those listed in Article 5 of the Hotel Business Act.
   • When the Guest is deemed liable to conduct him/herself or is found to have conducted him/herself in a manner that will contravene the laws and regulations or act against the public order or good morals in regard to his/her accommodations;
   • When the Guest is a patient, etc. of a specified infectious disease;
   • When the Hotel is unable to provide accommodation to Guests due to reasons of force majeure such as natural disasters, etc.;
   • When the case falls under provisions of Article 4 of the Kanagawa Prefecture Ordinance for Enforcement of the Hotel Business Act.
   • When the Guest is an organized crime group, a member or an associate member of an organized crime group, an enterprise related to an organized crime group, a corporate racketeer or the like, a miscreant advocating political activism, an intellectual crime group, a quasi-organized crime group or any other crime group and/or any other anti-social forces;
   • When the Guest is a corporation or any other organization whose business activities are controlled by an organized crime group or by a member of an organized crime group;
   • When the Guest is a corporation and one of its executive officers is a member of an organized crime group;
   • When the Guest engages in a behavior causing significant disturbance to other guests;
   • When the Guest makes any coercive and/or unreasonable demand against the Hotel or Hotel employee such as violence, threats and blackmail, or requests the Hotel or Hotel employee to assume any burden beyond a reasonable range, or is deemed to have taken such action(s) in the Hotel or other Hotel(s) in the past (except when the Guest demands to eliminate a social barrier pursuant to the provisions of Article 7, Paragraph 2 or Article 8, Paragraph 2 of the "Act for Eliminating Discrimination against Persons with Disabilities");
   • When the Guest makes repeated demands to the Hotel which are so burdensome that they may seriously impede the provision of accommodation-related services to other staying guests, as stipulated in Article 5-6 of the Ordinance of Enforcement of the Hotel Business Act; (including but not limited to requests for matters that are difficult to realize, demands involving coarse, violent, insulting, persistent, coercive, or discriminatory behavior, or other actions that impose a burden on the physical or mental well-being of employees or specific action of customer harassment; examples of which are shown in attached Table No. 3)
   • When the Guest does not provide all the information required under Article 8;
   • When the Guest is found to have used the Hotel for purposes other than accommodations (including but not limited to parties, gatherings, and/or any business activities such as exhibitions, sales events or commercial photo shoots without the prior approval of the Hotel);
   • When the Guest is found to be smoking in bed or tampering with fire extinguishing equipment or does not follow any other prohibited matters as stipulated in the Hotel Rules (limited to matters necessary to prevent fires).
   • When the Guest has posted malicious content on social media, online bulletin boards, or similar platforms, including false information or defamatory statements about the Hotel or its employees;
   • When minors seek accommodation without the permission of a parent or guardian;
   • When the Guest's contractual position under the Accommodation Contract or rights arising from the Accommodation Contract are deemed to have been transferred without the Hotel's express consent; and
   • When the same user is deemed to have made duplicate applications for Accommodation Contracts on the same date, or multiple applications for Accommodation Contracts with similar dates, without reasonable justification.
2. When the Hotel cancels an Accommodation Contract pursuant to the provisions of the preceding Paragraph, the Hotel shall charge a cancellation fee as specified in Table 2, attached. However, this shall not apply if the cancel is based on Item (3) of the preceding paragraph. In the case of Item (3) of the preceding paragraph, the Hotel will not collect any fees for accommodation services, etc. which were not provided to the Guest prior to such cancellation.

Explanation Of Cancellation Of Accommodation Contracts

Article 7-2.

1. In the event the Hotel cancels an Accommodation Contract in accordance with the preceding Article, the Guest may request the Hotel to explain the reasons for such cancellation.

Registration For Accommodation

Article 8.

1. The Guest shall register the following particulars at the Hotel Reception on the day of accommodation:
   • Name, date of birth, gender, address, and contact telephone number of the Guest;
   • For foreign nationals who are not medium- to long-term residents: nationality, passport number, port of entry, and date of entry into Japan;
   • Date of departure and estimated time of departure;
   • Name(s) of accompanying guest(s); and
   • Other particulars deemed necessary by the Hotel.
2. When the Guest intends to pay his/her Accommodation Charges prescribed in Article 12 by any means other than Japanese currency, such as hotel gift certificates or credit cards, such payment method shall be presented in advance at the time of the registration prescribed in the preceding Paragraph.
3. For a foreign national, the Guest will be asked to present a passport for identification, and a copy will be taken by the Hotel. However, this shall not apply to an alien registration card holder or a residence card holder.

Occupancy Hours Of Guestrooms

Article 9.

1. The Guest may occupy the contracted guestroom of the Hotel from 3:00 pm to 11:00 am of the following day. However, when the Guest is accommodated at the Hotel consecutively, the Guest may occupy the guestroom all day long, except for the days of arrival and departure.
2. The Hotel may, notwithstanding the provisions prescribed in the preceding Paragraph, permit the Guest to occupy the guestroom beyond the time prescribed in the same Paragraph. In this case, extra charges shall be paid as follows:
   • Up to three (3) hours: one third of the room charge;
   • Up to six (6) hours: one half of the room charge; and
   • More than six (6) hours: room charge in full.
3. The occupancy hours prescribed in Paragraph 1 may be temporarily changed when unavoidable circumstances arise. In such cases, the Hotel shall notify the Guest by an appropriate means.

Observance Of Hotel Rules

Article 10.

The Guest shall observe the Hotel Rules established by the Hotel, which are posted within the guestroom TV.

Business Hours

Article 11.

The business hours of the Hotel's main facilities shall be notified within websites, displays in various locations, as well as the guestroom TV.

Payment Of Accommodation Charges

Article 12.

1. The breakdown of the Accommodation Charges, etc. to be paid by the Guest is as listed in the Table 1, attached.
2. Accommodation Charges, etc. prescribed in the preceding Paragraph shall be paid in Japanese currency or by other means recognized by the Hotel such as hotel gift certificates or credit cards at the Reception at the time of the Guest's departure or upon request by the Hotel.
3. Whole accommodation Charges shall be paid even if the Guest voluntarily does not utilize the accommodation facilities provided for him/her by the Hotel.

Security Deposit

Article 13.

1. The Hotel shall collect a security deposit (hereinafter referred to as the "Deposit") from the Guest upon check-in.
2. The Deposit prescribed in the preceding Paragraph shall be paid in cash or by credit card at check-in.
3. The Hotel may deduct any and all debts owed by the Guest from the Deposit specified in Paragraph 1.
4. If there is a remaining balance of the Deposit after deductions under the preceding Paragraph, the Hotel shall promptly return such balance at check-out or upon settlement of Accommodation Charges, etc.

Liabilities Of The Hotel

Article 14.

1. The Hotel shall compensate the Guest for any damage if the Hotel has caused such damage to the Guest in the fulfillment or nonfulfillment of the Accommodation Contract and/or related agreements. However, the same shall not apply in the case where such damage has been caused due to reasons for which the Hotel is not liable.
2. The Hotel is covered by the Hotel Liability Insurance in order to deal with unexpected fires and/or other disasters.

Handling Of Circumstances When Unable To Provide Contracted Rooms

Article 15.

1. When the Hotel is unable to provide the Guest with the contracted guestroom, the Hotel shall obtain the Guest's consent and arrange accommodation of the same standard elsewhere for the Guest insofar as practical.
2. If other accommodation cannot be arranged, notwithstanding the provisions of the preceding Paragraph, the Hotel shall pay the Guest a compensation fee equivalent to the cancellation charges as stipulated in Attached Table No. 2, and the said compensation fee shall be applied to the compensation for damages. However, if the Hotel cannot provide accommodation due to causes for which the Hotel is not liable, the Hotel shall not pay the Guest a compensation fee.

Handling Of Deposited Articles

Article 16.

1. Goods, cash, and valuables brought into the Hotel by the Guest shall, as a general rule, be stored and managed by the Guest. With respect to goods, cash, and valuables stored and managed by the Guest, the Hotel shall compensate the Guest for damage only when loss, breakage, or other damage is caused through intention or gross negligence on the part of the Hotel. However, the maximum amount of compensation shall be limited to 200,000 yen.
2. The Hotel shall compensate the Guest for damage to goods deposited at the Reception by the Guest, including loss, breakage, or other damage, except when such damage is caused by force majeure. However, the maximum amount of compensation shall be limited to 200,000 yen.

Custody Of Baggage And/Or Belongings Of The Guest

Article 17.

1. When the baggage of the Guest arrives at the Hotel before his/her arrival, the Hotel shall be liable to keep it only in the case when such a request has been accepted by the Hotel in advance. The baggage shall be handed over to the Guest at the Reception at the time of the Guest's check-in.
2. When the baggage or belongings of the Guest are found after the Guest's check-out, and the ownership of the article is confirmed, the Hotel shall contact the owner of such article and ask for further instructions. When no instruction is given to the Hotel by the owner or when the ownership is not confirmed, the Hotel shall keep the article for seven (7) days including the day it is found, and turn it over to the nearest police station thereafter. However, if an article is unsuitable for storage, such as food, drinks, magazines, due to hygiene, safety, or for any other reasons, the Hotel may dispose of it the following day, regardless of the owner's instructions.
3. The Hotel's 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 2, and with the provisions of Paragraph 2 of the same Article in the case of Paragraph 1.

Liability In Regard To Parking

Article 18.

When the Guest uses the parking lot on the Hotel premises, the Hotel shall be regarded as merely providing parking space, whether the vehicle key has been deposited with the Hotel or not, and the Hotel shall not be liable for the custody of the vehicle or for the prevention of accidents, theft, or other such incidents.

Liability Of The Guest

Article 19.

The Guest shall compensate the Hotel for the damage caused through intention or negligence on the part of the Guest.

Entering Of The Guestroom

Article 20.

A staff member of the Hotel may enter a guestroom without the Guest's permission even after the conclusion of the Accommodation Contract in the following cases:

1. When providing Hotel services such as housekeeping and Room service;
2. When an act violating the Hotel Rules or concerns about such acts are confirmed;
3. When it is judged necessary to enter the guestroom under the guidance of the police and/or the fire department;
4. When it is judged necessary for the preservation of the building or facilities; and
5. When the Hotel deems it necessary to confirm the Guest's safety or well-being.

Personal Information

Article 21.

The Guest's personal information provided to the Hotel shall be used in accordance with the Hotel's Privacy Policy.

Severability

Article 22.

In the event that any part of these Terms & Conditions of Accommodation Contracts is determined to be illegal or invalid by a public authority, the remaining provisions shall not be affected thereby and shall remain in full force and effect.

Interpretation, Governing Law And Jurisdiction

Article 23.

These Terms & Conditions of Accommodation Contracts are provided in both Japanese and English. In the event of any discrepancy between the Japanese and English versions, the Japanese version shall prevail. These Terms & Conditions of Accommodation Contracts shall be interpreted in accordance with the laws of Japan, and the Yokohama District Court shall have exclusive jurisdiction as the court of first instance over any and all disputes arising in connection with these Terms & Conditions of Accommodation Contracts.

Amendments To These Terms & Conditions Of Accommodation Contracts

Article 24.

1. These Terms & Conditions of Accommodation Contracts constitute standard terms and conditions under the Civil Code of Japan, and the provisions hereof may be amended in accordance with the provisions of the Civil Code of Japan when such amendments serve the general interests of Guests or when there are reasonable grounds necessitating such amendments.
2. Any amendments to these Terms & Conditions of Accommodation Contracts shall take effect on the designated effective date after such amendments have been published on this website.

Attached Table No. 1
Breakdown of Accommodation Charges, etc.
(Ref. Article 2, Paragraph 1 and Article 12, Paragraph 1)

[Breakdown of the total charges payable by the Guest]

Remarks: If the tax law is revised, the revised provisions shall apply.

Attached Table No. 2
Cancellation Charge
(Ref. Article 6, Paragraph 2 and Article 7, Paragraph 2)

(Remarks)

1. The percentage signifies the rate of cancellation charge to the Basic Accommodation Charges.
2. If the number of days for the Accommodation Contract is shortened when a cancellation charge would apply, the above percentage of the Basic Accommodation Charges for the first day shall be paid by the Guest as the cancellation charges.
3. The Hotel may set forth a different cancellation charges to the above for accommodation packages planned by the Hotel or for specific groups and/or dates.

Attached Table No.3
Specific Acts of Customer Harassment
(Ref. Article 5, Paragraph 9 and Article 7, Paragraph 1, Item 10)

• When the person seeking accommodation repeatedly demands excessive services from employees engaged in accommodation services, such as unjust discounts on accommodation fees, unjust compensation, unjust room upgrades, unjust late check-outs, unjust early check-ins, and transportation services not included in the contract, compared to services provided to other guests.
• When the person seeking accommodation repeatedly demands that employees engaged in accommodation services ensure that no other guests are accommodated in the rooms above, below, or adjacent to their room.
• When the person seeking accommodation repeatedly demands that only specific employees attend to them or that specific employees be excluded from duty.
• When the person seeking accommodation repeatedly demands apologies from employees engaged in accommodation services in socially unacceptable ways, such as by demanding that they kneel.
• When an intoxicated guest, who may cause annoyance to other guests, repeatedly demands long-term care from employees engaged in accommodation services.
• When the person seeking accommodation repeatedly makes unreasonable demands to employees engaged in accommodation services, either in person, by phone, or by email, for extended periods or in a reprimanding manner.
• When the person seeking accommodation repeatedly makes demands to employees engaged in accommodation services despite the absence of any defects or faults in the services provided by the hotel, or makes demands unrelated to the nature of the services provided by the hotel.
• When the person seeking accommodation repeatedly makes demands to employees engaged in accommodation services in an inappropriate manner, such as:
  • Physical attacks (assault, injury)
  • Mental attacks (threats, slander, defamation, insults, abusive language)
  • Demands for kneeling
  • Continuous (repeated), persistent (insistent) behavior
  • Coercive actions (refusal to leave, squatting, confinement)
  • Discriminatory behavior
  • Sexual behavior
  • Attacks or demands directed at individual employees (Any demands, statements, or actions that may be deemed inappropriate or unreasonable in light of the nature or reasonableness of the request)
  • Demands for product exchanges
  • Demands for monetary compensation
  • Demands for apologies (excluding kneeling)