Terms & Cancellation

Chapter 1. Provisions based on the model accommodation terms

Article 1 (Scope)

Accommodation contracts between the Inn and the Guest, and related contracts, are governed by these terms. Matters not covered here are governed by law (meaning statutes and things based on statutes; the same applies below), or by generally established practice.

2. Where the Inn agrees to a special arrangement that does not conflict with law or practice, that arrangement takes precedence over the preceding paragraph.

Article 2 (Application for an accommodation contract)

A person applying for an accommodation contract shall provide the Inn with the following:

(1) the name of the guest;

(2) the date of stay and expected time of arrival;

(3) the accommodation charge, as a rule based on the basic accommodation charge in Appendix 1;

(4) any other matter the Inn considers necessary.

2. If, during a stay, the Guest asks to continue beyond the date given under paragraph 1(2), the Inn treats this as a new application for an accommodation contract made at that point.

Article 3 (Conclusion of the contract)

The accommodation contract is concluded when the Inn accepts the application under the preceding Article. This does not apply where the Inn proves that it did not accept.

2. Once the contract is concluded under the preceding paragraph, the Guest shall pay a deposit set by the Inn, up to the basic accommodation charge for the period of stay (three days where the stay exceeds three days), by the date the Inn specifies.

3. The deposit is applied first to the total accommodation charge payable by the Guest. Where Article 6 or Article 18 applies, it is applied to the cancellation charge and then to damages, and any balance is returned when payment is made under Article 12.

4. If the deposit under paragraph 2 is not paid by the date the Inn specified, the accommodation contract ceases to have effect. This applies only where the Inn told the Guest so when setting that date.

Article 4 (Special arrangement requiring no deposit)

Notwithstanding paragraph 2 of the preceding Article, the Inn may agree to a special arrangement under which no deposit is required after the contract is concluded.

2. Where, in accepting an application, the Inn does not request the deposit under paragraph 2 of the preceding Article, or does not specify a date for it, the Inn is treated as having agreed to the arrangement in the preceding paragraph.

Article 4-2 (Request for cooperation with infection control)

The Inn may request a person seeking accommodation to cooperate under Article 4-2(1) of the Hotel Business Act (Act No. 138 of 1948).

Article 5 (Refusal to conclude a contract)

The Inn may decline to conclude an accommodation contract in the following cases. This does not mean that the Inn refuses accommodation in cases other than those set out in Article 5 of the Hotel Business Act.

(1) The application does not comply with these terms.

(2) There is no room available.

(3) The person seeking accommodation is considered likely to act, in connection with the stay, contrary to law, public order or good morals.

(4) The person seeking accommodation is considered to fall under (a) to (c) below.

(a) an organised crime group as defined in Article 2(2) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991) (an “organised crime group”), a member of such a group as defined in Article 2(6) of that Act (a “member”), an associate member, a related person, or any other anti-social force

(b) a corporation or other body whose business activities are controlled by an organised crime group or its members

(c) a corporation with an officer who is a member of an organised crime group

(5) The person seeking accommodation has behaved in a way that causes serious nuisance to other guests.

(6) The person seeking accommodation is a patient of a specified infectious disease as defined in Article 4-2(1)(ii) of the Hotel Business Act (a “patient of a specified infectious disease”).

(7) Violent demands have been made in connection with the stay, or a burden beyond what is reasonable has been demanded. This excludes the case where the person seeking accommodation requests the removal of a social barrier under Article 7(2) or Article 8(2) of the Act on the Elimination of Discrimination against Persons with Disabilities (Act No. 65 of 2013) (the “Disability Discrimination Elimination Act”).

(8) The person seeking accommodation has repeatedly made a demand on the Inn, as specified in Article 5-6 of the Ordinance for Enforcement of the Hotel Business Act, that places an excessive burden on the Inn and is likely to seriously impede the accommodation service provided to other guests.

(9) Accommodation cannot be provided owing to a natural disaster, a fault in the facilities, or another unavoidable cause.

(10) The person seeking accommodation is clearly unable to pay.

(11) The conduct of the person seeking accommodation gives cause for suspicion.

(12) The person seeking accommodation refuses to complete the guest register.

Article 5-2 (Explanation of refusal)

A person whose application is refused under the preceding Article may ask the Inn to explain the reason.

Article 6 (Cancellation by the Guest)

The Guest may cancel the accommodation contract by notifying the Inn.

2. Where the Guest cancels the accommodation contract in whole or in part for reasons attributable to the Guest, the Inn charges the cancellation charge set out in Appendix 2. This excludes the case where the Inn set a date for payment of the deposit under Article 3(2) and the Guest cancelled before that payment was made. Where the Inn has agreed to the special arrangement in Article 4(1), this applies only if the Inn informed the Guest of the obligation to pay a cancellation charge when agreeing to that arrangement.

3. If the Guest does not arrive by 20:00 on the date of stay without contacting the Inn (or, where an expected time of arrival was given, two hours after that time), the Inn may treat the accommodation contract as cancelled by the Guest.

Article 7 (Cancellation by the Inn)

The Inn may cancel the accommodation contract in the following cases. This does not mean that the Inn refuses accommodation in cases other than those set out in Article 5 of the Hotel Business Act.

(1) The Guest is considered likely to act, or to have acted, in connection with the stay, contrary to law, public order or good morals.

(2) The Guest is considered to fall under (a) to (c) below.

(a) an organised crime group, a member of such a group, an associate member, a related person, or any other anti-social force

(b) a corporation or other body whose business activities are controlled by an organised crime group or its members

(c) a corporation with an officer who is a member of an organised crime group

(3) The Guest has behaved in a way that causes serious nuisance to other guests.

(4) The Guest is a patient of a specified infectious disease.

(5) Violent demands have been made in connection with the stay, or a burden beyond what is reasonable has been demanded. This excludes the case where the Guest requests the removal of a social barrier under Article 7(2) or Article 8(2) of the Disability Discrimination Elimination Act.

(6) The Guest has repeatedly made a demand on the Inn, as specified in Article 5-6 of the Ordinance for Enforcement of the Hotel Business Act, that places an excessive burden on the Inn and is likely to seriously impede the accommodation service provided to other guests.

(7) Accommodation cannot be provided owing to force majeure such as a natural disaster.

(8) The person seeking accommodation is considered likely to cause nuisance to other guests.

(9) The person seeking accommodation is clearly unable to pay.

(10) The conduct of the person seeking accommodation gives cause for suspicion.

(11) The person seeking accommodation refuses to complete the guest register.

(12) The Guest smokes in bed, tampers with fire-fighting equipment, or otherwise fails to follow the prohibitions in the house rules set by the Inn that are necessary for fire prevention.

2. Where the Inn cancels the accommodation contract under the preceding paragraph, the Inn does not charge for accommodation services the Guest has not yet received.

Article 7-2 (Explanation of cancellation)

A Guest whose accommodation contract is cancelled by the Inn under the preceding Article may ask the Inn to explain the reason.

Article 8 (Registration)

The Guest shall register the following by the date of stay, by the method the Inn specifies.

(1) the Guest’s name, address and contact details;

(2) for a foreign national with no address in Japan, nationality and passport number;

(3) any other matter the Inn considers necessary.

2. Where the Guest intends to make the payment under Article 12 by credit card or another method in place of currency, the Guest shall present it at the time of registration under the preceding paragraph.

Article 9 (Hours of use)

The Guest may use the rooms of the Inn from 15:00 until 11:00 the following morning. Where the stay is for consecutive nights, the rooms may be used all day, except on the day of arrival and the day of departure.

2. Notwithstanding the preceding paragraph, the Inn may allow use of the rooms outside those hours. In that case the following additional charges apply.

(1) up to 3 hours over: one third of the room charge

(2) up to 6 hours over: one half of the room charge

(3) more than 6 hours over: the full room charge

3. The room charge in the preceding paragraph is 70% of the basic accommodation charge.

Article 10 (Compliance with house rules)

While at the Inn, the Guest shall follow the house rules set by the Inn and displayed on the premises.

Article 11 (Hours of operation)

The Inn is unstaffed. There is no front desk and no restaurant. The Inn tells the Guest the emergency contact number and other information by the date of stay.

Article 12 (Payment)

The accommodation charges and other charges payable by the Guest are itemised in Appendix 1.

2. Payment under the preceding paragraph is made by the date of stay, by the method the Inn specifies.

3. The accommodation charge is payable even where the Guest chooses not to stay after the Inn has provided the room and it has been made available.

Article 13 (Liability of the Inn)

Where the Inn causes damage to the Guest in performing, or failing to perform, the accommodation contract or a related contract, the Inn compensates for that damage. This does not apply where the cause is not attributable to the Inn.

Article 14 (Where the contracted room cannot be provided)

Where the Inn cannot provide the contracted room, it shall, with the Guest’s consent, arrange other accommodation on terms as close as possible.

2. Notwithstanding the preceding paragraph, where no other accommodation can be arranged, the Inn pays the Guest a compensation fee equivalent to the cancellation charge, and that fee is applied to damages. The Inn does not pay the compensation fee where the failure to provide the room is not attributable to the Inn.

Article 15 (Goods and valuables brought in)

Where goods, cash or valuables brought into the Inn by the Guest are lost or damaged through the Inn’s intent or negligence, the Inn compensates for that damage. Where the Guest did not state the type and value in advance, the Inn’s liability is limited to \50,000, except where the Inn acted with intent or gross negligence.

Article 16 (Luggage and personal belongings)

The Inn does not, as a rule, accept luggage sent in advance of a stay.

2. Where luggage or personal belongings are left at the Inn after the Guest has checked out and the owner is identified, the Inn contacts the owner and asks for instructions. Where there are no instructions from the owner, or the owner cannot be identified, the Inn keeps the item for seven days including the day it was found, and then hands it to the nearest police station.

3. The Inn’s liability for keeping luggage or personal belongings under the preceding paragraph follows the preceding Article.

Article 17 (Parking)

Where the Guest uses the car park the Inn directs them to, the Inn provides the space only and does not take responsibility for managing the vehicle, whether or not the key is left with the Inn. The Inn is liable where damage is caused through its intent or negligence in managing the car park.

Article 18 (Liability of the Guest)

Where the Inn suffers damage through the Guest’s intent or negligence, the Guest compensates the Inn for that damage.

Chapter 2. Additional provisions specific to this Inn

The following were added by the Inn to the model accommodation terms, to reflect that this is a whole-house rental in a village with no vehicle access.

Article 19 (Capacity and entry by people who are not guests)

Only the guests named in the accommodation contract may use the rooms and the facilities.

2. People who are not guests may not enter the building.

3. Where it comes to light that more people are using the house than were booked, the Inn may cancel the accommodation contract under Article 7. In that case the accommodation charge already paid is not refunded.

Article 20 (Keys)

The Inn tells the Guest how the key will be handed over by the date of stay.

2. Where a key is lost or damaged, the Guest pays the actual cost of replacement.

3. The Guest shall not give the code or other information used for key handover to a third party.

Article 21 (Route to the house and carrying luggage)

There is no vehicle road in the area where the Inn is located. Guests leave their car at the Yabitsu Village car park and continue on foot. The walk takes about five minutes.

2. Part of the route is steep. There are no steps.

3. Staff will carry luggage the Guest cannot manage, using a trolley with a load capacity of 100 kg.

4. The Inn is not liable for damage to the Guest arising from the circumstances in the preceding three paragraphs where the cause is not attributable to the Inn.

Article 22 (Emergencies)

Because there is no vehicle road in the area where the Inn is located, emergency vehicles may not be able to reach the house.

2. In the event of sudden illness or another emergency, contact the Inn’s emergency number immediately. The Inn gives this number by the date of stay.

Article 23 (Consideration for neighbours)

The Inn is inside a residential area. Out of consideration for people living nearby, please avoid activity outdoors that produces loud noise after 21:00.

Article 24 (Smoking)

Smoking is not permitted inside the building.

2. Where smoking is found outside the designated area, the Inn charges the actual cost of cleaning and any other costs incurred.

Article 25 (Personal information)

The Inn collects the Guest’s personal information in order to perform the accommodation contract and to prepare the guest register required under the Hotel Business Act.

2. Personal information is handled in accordance with the Privacy Policy set separately by the Inn.

Article 26 (Governing law and jurisdiction)

These terms are governed by and construed in accordance with Japanese law.

2. The Wakayama District Court has exclusive jurisdiction as the court of first instance over any dispute arising in connection with these terms.

Article 27 (Changes to these terms)

The Inn may change these terms under Article 548-4 of the Civil Code.

2. Where the terms are changed, the Inn publishes the revised content and the date it takes effect on the Inn’s website before that date.

Appendix 1　Itemisation of accommodation charges (Articles 2(1) and 12(1))

Category	Items
Accommodation charge	(1) Basic accommodation charge (room charge)
Additional charges	(2) Additional food and drink, and other service charges
Tax	(a) Consumption tax

Note 1　The basic accommodation charge is the rate table published on the rates page of the Inn’s website.

Appendix 2　Cancellation charge (Article 6(2))

Of the model accommodation terms (Appendix 2, inn version), the row for a booking of up to 14 people applies. The Inn’s capacity is 9, so no category is set for 10 or more.

Note 1　The percentage is the cancellation charge as a proportion of the basic accommodation charge.

Note 2　Where the length of stay is shortened, the Inn charges one day (the first day) regardless of the number of days by which it is shortened.

This is a reference translation. In the event of any discrepancy between the Japanese and English versions, the Japanese version shall prevail.