Article 1 (Application of These Terms and Conditions)
The accommodation contracts and related contracts to be executed by THE MACHIYA EBISUYA (collectively, “THE MACHIYA EBISUYA”, “the hotel”, “we”, “our” or “us”) shall be subject to these Terms and Conditions, and any matters not stipulated herein shall be governed by laws and ordinances and/or generally accepted practices. Notwithstanding the above, the Hotel may enter into any special contracts with any guests within the scope not violating these Terms and Conditions, laws and ordinances, and generally accepted practices.
Article 2 (Refusal of Providing Accommodation)
The Hotel may refuse to provide accommodation as follows:
The application for accommodation does not conform to the provisions of these Terms and Conditions.
The Hotel is fully booked and there is no vacancy.
A person seeking accommodation is deemed likely to act against the laws and ordinances, public orders, or good morals in respect to his/her accommodation.
A person seeking accommodation can be clearly identified as carrying an infectious disease.
The Hotel is requested to bear unreasonable burden with respect to the guest’s accommodation.
The Hotel is unable to provide accommodation because of a natural disaster, malfunction of its facilities, or other unavoidable causes.
A person seeking accommodation is obviously intoxicated and deemed likely to cause annoyance to the neighbors, or is behaving in such manner as to be an annoyance to other guests.
A person seeking accommodation brings dangerous materials (including products causing fire or petroleum) or materials harmful to humans to the Hotel.
The provisions of Article 7 of the Kyoto Hotel Business Act Enforcement Ordinance are applied.
Article 11 hereof has been applied in the past to a person seeking accommodation.
Article 3 (Identification of Name and Other Information)
A person applying for the accommodation contract with the Hotel will be required to provide the Hotel with the following information:
Address, name, telephone number, sex, nationality, and occupation of all guests
Date(s) scheduled for stay and estimated time of arrival, company name, telephone number, and the name of the applicant
Other information deemed necessary by the Hotel
If a guest requests, during his/her stay, to extend his/her stay beyond the dates in Item (2) of the preceding paragraph, such request shall be regarded as an application for a new accommodation contract only when the Hotel has no other reservation during such extended days.
Article 4 (Conclusion of Accommodation Contract)
A contract for accommodation shall be concluded when the Hotel accepts the application stipulated in Article 3, and confirms the payment of a deposit (equals to the accommodation charges) by the date (within 7 days including bank holidays) designated by the Hotel. (Any fee that results in the giving or receiving of any payment will be the guests’ responsibility). Provided, however, the above shall not apply where it is proved that the Hotel has not accepted the application.
The deposit shall first be applied to the final accommodation charges to be paid by the guest, and when any circumstances requiring application of the provisions of Article 6 arises, it shall be applied to the cancellation charges and then to any compensation monies. Any balance left, if any, shall be refunded at the time notified by the Hotel individually. If the deposit is not paid by the date designated by the Hotel as stipulated in the preceding paragraph, the application for accommodation shall become invalid.
Article 5 (Special Contracts Requiring No Deposit)
Notwithstanding the provisions of the preceding article, the Hotel may accept a special contract requiring no deposit stipulated in the said article after conclusion of the accommodation contract.
In a case that the Hotel fails to request payment of the deposit in the preceding article or fails to specify the due date of payment for the deposit at the time it accepts the application for an accommodation contract, the special contract in the preceding paragraph shall be deemed to have been accepted.
Article 6 (Cancellation of Contract)
After the accommodation contract is concluded as stipulated in Article 4, if the guest cancels the said accommodation contract in whole or in part, the guest shall be required to pay the cancellation charges as follows:
100% of the total accommodation charge shall be paid if canceled on the day scheduled to stay overnight, 50% if cancelled between 7 days to 1 day before that day, and 30% if canceled 7 days to 2 days before that day.
If the guest does not appear by 9:00 p.m. of the day scheduled to stay overnight without advance notice, or if no notice is given even after two hours have passed from the scheduled time of arrival (up to 9:00 p.m.), the accommodation contract shall be deemed as being cancelled by the guest and shall be handled accordingly by the Hotel.
If the guest requests to shorten the number of stays, the cancellation charges shall be paid even when the Hotel accepts such request. In such case, the rate for cancellation charge shall be determined, according to Table 1 below, based on the number of days from [the day that the request for shortening of stays is made] to [the first day of stays] (means the first day in the initial accommodation contract), and the cancellation charges shall be the accommodation charges for [the number of days shortened] multiplied by such rate for cancellation charge (the accommodation charges for the number of days shortened x the rate for cancellation charge).
● Concrete Example (Example) Check-in on Feb. 1 and checkout on Feb. 6: Six-day and five-night stay (Reservation: Feb. 1 to Feb. 6)
Two persons for five nights: Total 150,000 yen (when the accommodation charges of 30,000 yen/per night throughout the reservation)
[The day that the request for shortening of stays is made] The reservation is changed to four days and three nights on Feb. 1 (schedule: Feb. 1 to Feb. 4).
[The first day of stay] Feb. 1 [The number of days shortened] Two nights (for Feb. 4 and 5) are cancelled.
○ Calculation of Cancellation Charges The accommodation charges for [the number of days shortened] (For two nights cancelled) 2 nights x 30,000 yen = 60,000 yen ○ The rate for cancellation charge (see Table 1 below) [100%: on the day scheduled] is applied → 60,000 yen x 100% = 60,000 yen (cancellation charge)
Since the rate for cancellation charge shall be determined based on the number of days from [the day that the request for shortening of stays is made] to [the first day of stays], [50%: seven days to one day before] is not applied even for stays on Feb. 4 and 5. The cancellation charge based on the rate for cancellation charge shall be collected.
In the event the accommodation contract is deemed as being cancelled by the guest in accordance with Paragraph 2, the cancellation charges as set forth in Paragraph 1 shall not be collected when the guest can prove that the failure to appear without advance notice is due to the delay or non-arrival of public transportation, including trains and aircraft, or any other reasons not attributable to the guest.
■ Cancellation Charges (Table 1)
No appearance/cancellation on the day
1 day before
7 days to 2 days before
8 days or more before
Remarks: The percentage figures are the rates of cancellation charges to the total accommodation charge.
Article 7 (Right to Cancel Contract)
The Hotel may cancel any accommodation contract, unless otherwise stipulated, under any of the following circumstances:
If any one of the provisions of Items 2 to 10 of Article 2 is applied
If the guest fails to provide the information in Paragraph 1 of Article 3
If the guest fails to pay the deposit requested under Article 4 by the date designated
If the Hotel cancels the reservation for accommodation in accordance with the provisions of the above (1) to (3), it shall refund any deposit received for such reservation.
Article 8 (Registration for Accommodation)
Any guest shall register the following information with the Hotel on the day of overnight stay:
Information in Item 1 of Article 3
Passport number, the place, and date of entry to Japan, if a foreign guest
Scheduled date and time of departure
Other information deemed necessary by the Hotel
Any guest who intends to pay the charges in Article 10 by any means other than Japanese currency, such as a credit card, shall notify the same in advance at the time of registration in the preceding paragraph; if no notification is made, the guest shall pay by cash.
Article 9 (Check-in and Check-out Time)
The time guests may enter the Hotel (check-in time) shall be from 3:00 p.m., and the time guests shall leave the Hotel (check-in time) shall be until 11:00 a.m.
The Hotel may not be used in hours other than those specified in the above Item 1, unless otherwise approved by the Hotel.
When a guest stays more than one night in succession, he/she may use the guest room all day except for the days of arrival and departure; provided, however, the hours between 10 a.m. to 5 p.m. are for room making and a person in charge of the room will enter the guest room.
Article 10 (Payment of Charges)
The payment of charges shall be made by transferring the deposit (equals to the accommodation charges) into the bank account designated by the Hotel or by other means alternative to the bank transfer such as credit card payment.
In the case where Article 5 is applied, the payment shall be made by cash in addition to the means of payment in the preceding paragraph.
The provisions of Paragraph 3 of Article 6 shall apply mutatis mutandis to the case where a guest voluntarily shortens his/her period of stay after he/she has started the use of the guest room.
Article 11 (Rules of Use)
Guests shall comply with the Rules of Use established by the Guest while he/she stays in the Hotel.
Article 12 (Refusal of Continuation of Stay)
The Hotel may refuse continuation of stay to a guest even during the period of stay accepted by it, under any of the following circumstances:
If any one of the provisions of Items 2 to 10 of Article 2 is applied
If the guest allows a third party into the guest room (entering or staying of a person other than the guest without permission)
If the guest does not comply with the Rules of Use as stipulated in Article 11
If the guest does not observe the rules prohibiting certain actions in the Rules of Use such as smoking in the Hotel or mischief to fire-fighting facilities
Article 13 (Responsibility to Provide Accommodation)
The Hotel’s responsibility concerning accommodation shall commence at the time the guest enters the Hotel and ceases at the time the guest leaves the Hotel for departure.
If the Hotel becomes unable to provide a guest room due to any reason attributable to the Hotel, it shall arrange other accommodation facilities of similar accommodation charge, except when such arrangement is difficult because of a natural disaster or other reasons. In such a case, the accommodation charges for days that continuous provision of a guest room has become impossible will not be requested.
In the case of the previous paragraph, the Hotel shall not be liable for any amount exceeding the said accommodation charges.
Article 14 (Handling of Deposited Articles)
The Hotel will not receive any deposit of articles.
The Hotel shall not be liable for any loss or damage of any baggage, cash, valuables, or other goods brought into or sent by mail to the Hotel by a guest unless such loss or damage is caused by intentional act or negligence of the Hotel.
Article 15 (Custody of Baggage or Belongings)
If any baggage or belongings of a guest (including articles in a safety box) are found in the Hotel after his/her checkout, the Hotel shall keep them for seven days starting on the day they are found.
Upon expiration of the retention period in Paragraph 1, the valuables shall be reported to a local police station.
The Hotel shall dispose of goods other than valuables.
Article 16 (Car Parking)
There is no parking space for guests in the Hotel.
Article 17 (Responsibilities of Guest)
If the Hotel suffers any damage due to an intentional act or negligence of a guest, such guest shall be liable to the Hotel for the said damage.
Article 18 (Jurisdiction and Governing Law)
Any and all disputes arising out of or in relation to these Terms and Conditions shall be settled by the Kyoto District Court or Summary Court having jurisdiction over the location of the Hotel, in accordance with the Japanese laws and ordinances. Note (Calculation method of accommodation charges)
The accommodation charges to be paid by a guest are room charge + charges for breakfast food and beverages.
Additional charges to be paid by a guest (charges for breakfast food and beverages not included in the preceding paragraph) are not included in the accommodation charge.
The Hotel does not offer a special rate for children.
Do not use products that may cause a fire within the Hotel.
No smoking is allowed within the Hotel.
The Hotel is a wooden construction within a residential district; therefore, do not cause annoyance to the neighbors by singing loudly or making noises or behave in a way causing a feeling of disgust.
Do not bring the following items into the Hotel.
Articles with extremely offensive odors
Unusually large quantity of goods
Explosive or flammable items such as gunpowder or gasoline
Unregistered firearms or swords
Illegal drugs such as cannabis, narcotic drugs, or stimulant drugs
Animals or birds
Do not gamble or act in ways injurious to public morals within the Hotel.
Do not receive visitors in the Hotel or do not let others remove or take equipment or fixtures within the Hotel from where they are or use them for purposes other than intended.
Do not attach any extraneous materials on equipment or fixtures within the Hotel or remove them from where they are.