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Terms and Conditions for Accommodation Contracts(D)

Scope

Article 1

  • Terms and Conditions for Accommodation Contracts and related agreements concluded between Phoenix Seagaia Ocean Tower (hereinafter referred to as "this hotel") and its guests shall be subject to the provisions of these terms and conditions, and any matters not provided for in these terms and conditions shall be governed by laws and regulations or generally accepted practices.
  • In the event that the Hotel has entered into a special contract with the Guest insofar as such special contract does not violate laws and regulations and generally accepted practices, notwithstanding the provisions of the preceding Paragraph, the special contract shall take precedence over the provisions of the preceding Paragraph.

Application for accommodation contract

Article 2

  • A Guest who intends to apply for an Accommodation Contract with the Hotel shall provide the Hotel with the following particulars:
    • Guest name
    • Date of stay and expected arrival time
    • Accommodation fees (in principle, based on the basic accommodation fees in Appendix 1)
    • Other particulars deemed necessary by the Hotel
  • If a Guest requests, during his/her stay, to extend his/her stay beyond the date specified in subparagraph 2 of the preceding paragraph, the Hotel will regard such request as an application for a new Accommodation Contract at the time such request is made.

Establishment of accommodation contract, etc.

Article 3

  • An accommodation contract shall be deemed to have been concluded when the hotel accepts the application as set forth in the preceding paragraph, unless the hotel proves that it did not accept the application.
  • When an Accommodation Contract has been concluded in accordance with the provisions of the preceding paragraph, an application fee set by the Hotel, within the scope of the Basic Accommodation Charges for the Guest's period of stay (if the period exceeds three days, the Guest will be required to pay such amount by the date specified by the Hotel).
  • The application fee will first be applied to the accommodation fee to be paid by the guest in full, and in the event that a situation arises in which the provisions of Article 6 and Article 18 apply, it will be applied to the penalty charge and then to compensation, in that order, and the remaining balance, if any, will be refunded at the time of payment of the accommodation fee as provided for in Article 12.
  • If the guest fails to pay the amount of the application fee set forth in Paragraph 2 by the date specified by the Hotel in accordance with the terms and conditions, the accommodation contract will become invalid. However, this shall only apply if the guest is so notified by the Hotel when specifying the due date for payment of the application fee.

Special agreement waiving the application fee

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.
  • In the event that the Hotel has not requested the payment of the application fee stipulated in Paragraph 2 of the preceding Article and/or has not specified the date by which the application fee is due when accepting an application for an Accommodation Contract, it will be treated as having accepted a special contract stipulated in the preceding Paragraph.

Refusal to enter into an accommodation contract

Article 5

The Hotel may refuse to enter into an Accommodation Contract under any of the following cases:

  • When the application for accommodation does not conform to these terms and conditions.
  • When the Hotel is fully booked and there are no Guest rooms available.
  • When the Guest seeking accommodation is deemed liable to conduct himself or herself in a manner that will violate the laws, public order or good morals in regard to his or her accommodation.
  • When the person seeking accommodation can be clearly detected as carrying an infectious disease.
  • When the Hotel is asked to assume an unreasonable burden in connection with its accommodation.
  • When it is impossible to provide accommodation due to natural disasters, malfunction of facilities, or other unavoidable reasons.
  • When a guest seeking accommodation is deemed to be intoxicated or otherwise likely to cause significant inconvenience to other guests, or when a guest behaves in a manner that causes significant inconvenience to other guests (as stipulated in Article 9 of Miyazaki Hotel and Inn Business Law Enforcement Ordinance).

Guest's Right to Cancel Accommodation Contract

Article 6

  • The Guest may cancel the Accommodation Contract by notifying the Hotel.
  • In the event that the Guest cancels the Accommodation Contract in whole or in part due to reasons attributable to the Guest (except in the case where the Hotel has specified a due date for the payment of the application fee pursuant to the provisions of Article 3, Paragraph 2 and requested payment thereof, and the Guest cancels the Accommodation Contract prior to such payment), the Guest shall pay a penalty as listed in Attached Table 2. However, this shall apply only in the case that the Hotel has entered into a special contract as set forth in Article 4, Paragraph 1, and in entering into such special contract, the Hotel has notified the Guest of his or her obligation to pay a penalty in the event of the Guest canceling the Accommodation Contract.
  • If the Guest does not arrive by 8:00 p.m. on the day of accommodation without contacting the Hotel (or by two hours after the expected arrival time if the Guest has previously indicated such time), the Hotel may regard the Accommodation Contract as having been cancelled by the Guest.

Right to Cancel Contract by the Hotel

Article 7

  • The Hotel may cancel the Accommodation Contract under any of the following circumstances:
    • When the Guest is deemed liable to conduct himself or herself in a manner that will violate the laws, public order or good morals in regard to his or her accommodation, or when it is deemed that he or she has already conducted himself or herself in such a manner.
    • When the Guest can be clearly detected as carrying an infectious disease.
    • When the Hotel is asked to assume an unreasonable burden in connection with its accommodation.
    • When it is impossible to provide accommodation due to a natural disaster or other force majeure event.
    • When a guest seeking accommodation is deemed to be a nuisance to other guests due to excessive intoxication, or when a guest behaves in a manner that significantly disturbs other guests (as stipulated in Article 9 of the Miyazaki Hotel and Inn Business Law Enforcement Ordinance).
    • When the Guest smokes in bed, tampers with fire-fighting equipment, or fails to comply with other prohibited actions in the Usage Regulations stipulated by the Hotel (limited to those necessary for fire prevention purposes).
  • When the Hotel has cancelled the Accommodation Contract in accordance with the preceding paragraph, the Hotel shall not charge the Guest any fees for any accommodation services, etc. that he/she has not yet received.

Accommodation Registration

Article 8

  • The Guest will be required to register the following particulars at the Hotel front desk on the day of accommodation:
    • Name, age, sex, address and occupation of the guest
    • For foreigners, nationality, passport number, place of entry and date of entry
    • Departure date and scheduled time
    • Other particulars deemed necessary by the Hotel
  • If a Guest intends to pay the charges stipulated in Article 12 by any means other than Japanese currency, such as accommodation coupons or credit card, these shall be presented in advance at the time of registration stipulated in the preceding Paragraph.

Guest rooms Occupancy Time

Article 9

  • Guests may use the hotel's Guest rooms from 2:00 PM to 11:00 AM the following morning. However, in the case of consecutive stays, guests may use the rooms all day except on the days of arrival and departure.
  • Notwithstanding the provisions of the preceding paragraph, the Hotel may permit Guest rooms to occupy the room outside the hours specified in the same paragraph. In such cases, an additional fee will be charged.
    • If you check out after 11:00 AM
    • If you check in before 2pm

Compliance with Terms of Use

Article 10

While staying at the Hotel, Guests shall abide by the Hotel Usage Regulations established by the Hotel and posted within the Hotel, as well as any other regulations established by the Hotel.

Opening times

Article 11

  • The hotel's business hours are as follows. Detailed business hours of other facilities will be provided in the pamphlets provided and on notices posted in various locations.
    Front desk/cashier service hours:
    • No curfew
    • Front desk service: 24 hours
    • Exchange service: 24 hours
  • The hours set out in the preceding paragraph may be subject to temporary change due to unavoidable circumstances. In such cases, we will notify you by appropriate means.

Payment of fees

Article 12

  • The breakdown and calculation method of the Accommodation Charges, etc. to be paid by the Guest shall be as set forth in Schedule 1.
  • Payment of accommodation fees, etc. as stated in the preceding paragraph shall be made at the front desk at the time of the Guest's departure or upon request by the Hotel in Japanese currency or by any other means acceptable to the Hotel, such as traveller's cheques, accommodation vouchers or credit cards.
  • Accommodation charges will be charged even if the Guest voluntarily does not utilize the guest Guest rooms after the Hotel has provided it to the Guest and made it available for use.

Liability of the Hotel

Article 13

  • The Hotel shall compensate the Guest for any damage caused to the Guest in the fulfillment or non-fulfillment of the Accommodation Contract and related agreements, unless such damage is due to reasons not attributable to the Hotel.
  • Our hotel is in compliance with fire safety laws and regulations, and displays a fire safety standard compliance certificate that certifies the fire safety of the accommodation facility.

Handling when contracted Guest rooms cannot be provided

Article 14

  • When the Hotel is unable to provide a contracted Guest rooms to a Guest, it will arrange accommodation of the same standard elsewhere for the Guest, with the Guest's consent, as far as possible.
  • If, notwithstanding the provisions of the preceding paragraph, the Hotel is unable to arrange other accommodation for the Guest, the Hotel shall pay the Guest a compensation fee equivalent to the contract fee, which shall be applied to the amount of damages. However, if Guest rooms is unable to provide a room due to reasons beyond the Hotel's control, the Hotel shall not pay a compensation fee.

Handling of deposited items

Article 15

  • The Hotel shall compensate for any damages, including loss or breakage, to goods, cash or valuables deposited by the Guest at the Front Desk, unless such damages are due to acts of God. However, in the case of cash or valuables, if the Hotel requests the Guest to disclose the type and value of the items and the Guest fails to do so, the Hotel shall compensate for such damages up to a maximum of 300,000 yen.
  • The Hotel shall compensate for any damages incurred by the Guest when loss, breakage or other damage occurs due to the Hotel's willful misconduct or negligence with respect to goods, cash or valuables that the Guest did not bring into the Hotel or deposit at the Front Desk. However, for items for which the Guest has not previously notified the Hotel of the type and value, the Hotel shall compensate for such damages up to a maximum of 100,000 yen.

Storage of Guest's baggage and belongings

Article 16

  • When the baggage of the Guest is brought into the Hotel prior to his/her stay, the Hotel shall be responsible for storing it only when such request has been approved in advance and shall hand it over to the Guest at the front desk at the time of his/her check-in.
  • If a Guest's baggage or belongings are found left behind at the Hotel after check-out and there is no instruction from the owner or the owner cannot be identified, the Hotel will store the items for seven days, including the day they are found, and will then deliver them to the nearest police station.
  • The Hotel's liability regarding the custody of the Guest's baggage and belongings in the cases of the preceding two Paragraphs shall be in accordance with the provisions of Paragraph 1 of the preceding Article in the case of Paragraph 1, and in accordance with the provisions of Paragraph 2 of the same Article in the case of Paragraph 2.
  • In addition to the provisions of the preceding Article and the preceding three Paragraphs, details regarding the handling of deposited items and the custody of Guests' baggage and belongings shall be determined in accordance with the Hotel's separately established regulations regarding deposited items.

Parking Responsibility

Article 17

When a guest uses the hotel's parking lot, the hotel is merely lending the space and is not responsible for the management of the vehicle, regardless of whether the vehicle key has been deposited with the hotel. However, if the hotel causes damage through intentional or negligent acts on the part of the hotel in managing the parking lot, the hotel will be liable for compensation.

Liability of the Guest

Article 18

When the Hotel suffers damage caused through intention or negligence on the part of the Guest, the Guest will compensate the Hotel for the damage.

Computer Communications Disclaimer

Article 19

Guests are solely responsible for their own use of computer communications within the Hotel. The Hotel shall not be held liable for any damages suffered by users as a result of service interruptions caused by system failures or other reasons while using computer communications. Furthermore, if damages are caused to the Hotel or third parties as a result of actions deemed inappropriate by the Hotel while using computer communications, the guest shall be required to compensate for such damages.

authentic text

Article 20

These regulations are written in both Japanese and English, but in the event of any discrepancies or inconsistencies between the two texts, the Japanese text shall prevail.

Jurisdiction and Applicable Law

Article 21

Any dispute arising from or in connection with these Terms and Conditions shall be resolved in accordance with Japanese law in a Japanese court having jurisdiction over the location of the Hotel.

Schedule 1: Calculation method for accommodation fees, etc.(Related to Article 2, Paragraph 1 and Article 12, Paragraph 1)

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Content
consumption tax
Total amount
to be paid
by the guest
Accommodation fee (1)
①Basic accommodation fee (room fee)
②Service charge (① x 10%)
③Consumption tax rate
(① + ②)
Accommodation fee (2)
④Food, beverages and other charges
⑤Service charge (④ x 10%)
⑥Consumption tax rate
(④ + ⑤)

Note: Room service, minibar and pay TV are added to the basic accommodation fee (1).
③ and ⑥ have no tax exemption points. If tax laws are revised, the revised provisions shall apply.

Schedule 2 Penalty Charges (related to Article 6, Paragraph 2)

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No-show
On the day
The day before
7 days ago
Individual cardsgroup
1-14 people
100%
100%
100%
20%

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No-show
On the day
The day before
14 days to 2 days before
30 to 15 days in advance
60 to 31 days in advance
90 to 61 days in advance
Group
Total of 10 to 29 rooms
100%
100%
50%
-
-
-
-
Group
Total of 30 to 99 rooms
100%
100%
100%
80%
50%
30%
20%
Group
Over 100 rooms in total
100%
100%
100%
100%
70%
50%
30%
(Note)
  • The percentage is the ratio of the penalty to the basic accommodation fee (including consumption tax).
  • For group bookings (10 or more rooms), if a separate accommodation contract is concluded and a penalty fee contract is specified, the penalty fee shall be in accordance with that contract.
[Safe deposit box regulations (front desk safe deposit box)]
  • Scope of this provision
    These regulations shall apply to guests' use of safe deposit boxes.
  • Nature of the safe deposit box contract
    The nature of the safe deposit box usage contract is the rental of a specific safe deposit box (hereinafter referred to as the "safe deposit box") designated by the Hotel, but does not promise to store any items that the guest (hereinafter referred to as the "guest") intends to store in the safe deposit box. Furthermore, the Hotel shall not be liable for any damage to any items stored in the safe deposit box.
  • Usage period
    The period of use of the safe deposit box will be from the time the guest applies for use of the safe deposit box after registering as a guest until the time of check-out.
  • Scope of stored items
    Please refrain from storing the following items in your safe deposit box:
    • animals, birds
    • Explosives, volatile oils and other flammable or combustible materials
    • Something that emits a foul odor
    • More than the usual amount
    • Firearms, swords, stimulants, etc. that are not permitted to be possessed by law
  • Safe deposit box PIN number
    The safe deposit box shall be used by the customer who applied to use the safe deposit box using the PIN number registered on the safe deposit box user card, and the PIN number shall be managed by the customer themselves.
  • Opening and closing safe deposit boxes
    • To open or close a safe deposit box, the guest must bring their "Safe Deposit Box User Card" and notify a member of staff at the hotel each time.
    • Please make your request for stored items at the location designated by the Hotel.
  • Forgetting or changing your PIN
    • If you forget your PIN, please inform a member of staff at the Hotel. In that case, the safe deposit box may be unlocked by a member of staff at the Hotel or a person designated by the Hotel.
    • If you need to change your PIN for any reason, please notify a member of staff at the Hotel. The PIN can be changed by following the prescribed procedures. In this case, the Hotel may also change the compartment of the safe deposit box.
  • Surrender
    • When the usage period expires or when there is no longer any need to use the safe deposit box, the Guest shall immediately surrender the safe deposit box to the Hotel.
    • If a Guest departs from the Hotel without surrendering the safe deposit box and the safe deposit box has not been vacated within seven days, the Hotel may open the safe deposit box in a manner deemed appropriate by the Hotel and manage the stored items separately, or may consider the Guest to have waived ownership and sell the items at a price and method of its choice, or dispose of the items if selling them is difficult, and the Guest shall not raise any objection to such disposition by the Hotel.
    • The costs required for the disposal under the preceding paragraph (including the costs of having a notary public or other person present when opening the safe deposit box) shall be borne by the user.
  • Safe deposit box repairs
    If the Hotel requests the vacating of a safe deposit box or a change of area due to repairs to the safe deposit box or other unavoidable circumstances, the Guest must comply immediately.
  • Emergency measures
    When required to open or close the safe deposit box in accordance with laws and regulations, or in the event of an emergency such as a fire or stored items causing damage to the Hotel, the Hotel may open the safe deposit box in a manner deemed appropriate by the Hotel and take the best and most appropriate measures. The Hotel shall not be liable for any damages incurred by the Guest as a result of this.
  • compensation for damages
    • The Hotel shall not be liable for any damages arising from failure to open a safe deposit box due to fire, earthquake, or other causes not attributable to the Hotel, nor for any damages such as loss or deterioration of stored items due to such causes.
    • If the Hotel or a third party suffers damage due to the Guest's storage, the Guest shall compensate for such damage.
    • The Hotel shall not be liable for any damages incurred as a result of refusal to open a safe deposit box due to theft or misuse of the PIN by the guest or other reasons not attributable to the Hotel, or for any damages such as loss or deterioration of stored items due to such reasons.
  • authentic text
    These regulations are written in both Japanese and English, but in the event of any discrepancies or inconsistencies between the two texts, the Japanese text shall prevail.
  • Jurisdiction and Applicable Law
    Any dispute arising from or in connection with these Terms and Conditions shall be resolved in accordance with Japanese law in a Japanese court having jurisdiction over the location of the Hotel.
[Deposit regulations]
  • Applicable
    In accordance with the provisions of Article 16, Paragraph 4 of Terms and Conditions for Accommodation Contracts, the Hotel will accept the storage of articles, baggage, etc. of guests staying at the Hotel only, in accordance with the provisions of these provisions.
  • Storage period
    • The storage period will be from the day the hotel receives the item until the date you specify for collection.
    • The designated pick-up date must be within 30 days of the date the hotel receives the luggage.
    • If you do not specify a collection date, the storage period will be 30 days from the date of storage.
  • Items in storage
    We cannot accept cash, jewellery, valuables, dangerous goods, perishable or easily damaged items, plants and animals, wool or fur products that are easily damaged by insects, etc.
  • Recipient
    The recipient of the deposited item will be the person who deposited the item or a third party designated by that person as the recipient.
  • Confirmation of recipient
    When claiming the stored item, the recipient or authorized third party must present the receipt to the Hotel's staff. If the recipient is a third party designated by the person who requested the deposit, the receipt need not be presented, but the Hotel may request proof of identity. The staff will carefully verify the recipient's identity and return the stored item. In this case, the Hotel shall be relieved of responsibility for the stored item.
  • Compensation for damages
    • The Hotel shall not be liable for any loss, damage, deterioration or other damage to deposited items caused by causes generally considered to be force majeure.
    • If the hotel or a third party suffers damage due to damage or deterioration of the items entrusted to you or any other reason attributable to you, you must compensate for the damage.
  • Disposal of stored items
    • If the deposited items are not collected within seven days after the end of the deposit period, the Hotel will manage the items separately as usual and may dispose of them in a manner, at a time, at a price, etc. that is generally considered appropriate. If such disposal is difficult, the Hotel may discard the deposited items.
    • The costs of the disposal described in the preceding paragraph shall be borne by the client, provided, however, that the proceeds from the disposal may be used to cover the costs of the disposal.
  • Emergency measures
    The Hotel may take appropriate measures in the event of any of the following situations:
    • When a judicial authority requests the release of the items in their possession.
    • When there is a fire, an abnormality with the items being kept, or other emergencies are deemed necessary.
  • authentic text
    These regulations are written in both Japanese and English, but in the event of any discrepancies or inconsistencies between the two texts, the Japanese text shall prevail.
  • Jurisdiction and Applicable Law
    Any dispute arising from or in connection with these Terms and Conditions shall be resolved in accordance with Japanese law in a Japanese court having jurisdiction over the location of the Hotel.
[In Guest rooms safe deposit box]
  • Scope of this provision
    These regulations shall apply when guests use the safe deposit box provided in their Guest rooms (hereinafter referred to as "safe deposit box").
  • Nature of the safe deposit box contract
    The nature of the safe deposit box usage contract is a loan for use, not a deposit contract for items to be stored in the safe deposit box. Therefore, the Hotel shall not be responsible for the safekeeping of items stored in the safe deposit box by the guest using the safe deposit box (hereinafter referred to as the "guest"), nor shall the Hotel be liable for any loss, damage, or change in the contents of such items.
  • Usage period
    The period of use of the safe deposit box is from the time the guest registers until check-out.
  • Scope of stored items
    Please refrain from storing the following items in your safe deposit box:
    • animals, birds
    • Explosives, volatile oils and other flammable or combustible materials
    • Something that emits a foul odor
    • More than the usual amount
    • Firearms, swords, stimulants, etc. that are not permitted to be possessed by law
  • Emergency measures
    When required to open or close the safe deposit box in accordance with laws and regulations, or in the event of an emergency such as a fire or stored items causing damage to the Hotel, the Hotel may open the safe deposit box in a manner deemed appropriate by the Hotel and take the best and most appropriate measures. The Hotel shall not be liable for any damages incurred by the Guest as a result of this.
  • compensation for damages
    • The Hotel shall not be liable for any damages incurred as a result of failure to open a safe deposit box due to fire, earthquake, theft of the PIN number, misuse by the guest, or other reasons not attributable to the Hotel, or for any damages such as loss or deterioration of stored items due to such reasons.
    • If the Hotel or a third party suffers damage due to the Guest's storage, the Guest shall compensate for such damage.
  • authentic text
    These regulations are written in both Japanese and English, but in the event of any discrepancies or inconsistencies between the two texts, the Japanese text shall prevail.
  • Jurisdiction and Applicable Law
    Any dispute arising from or in connection with these Terms and Conditions shall be resolved in accordance with Japanese law in a Japanese court having jurisdiction over the location of the Hotel.