TERMS AND CONDITIONS OF ACCOMMODATION

(Scope of Application)
Article 1
1. Accommodation contract and related agreements to be entered into between Onyado Toho (hereinafter referred to as “Hotel”) and the guest to be accommodated (hereinafter referred to as “Guest”) (hereinafter referred to as “Accommodation Contract”) shall be subject to these Terms and Conditions. Any particulars not provided for herein shall be governed by applicable laws and regulations and/or generally accepted practices.
2. Notwithstanding the preceding Paragraph, in the case when the Hotel has entered into a special contract with a Guest, the special contract shall take precedence over these Terms and Conditions, insofar as such a special contract does not violate applicable laws and regulations and generally accepted practices.

(Application for Accommodation Contract)
Article 2  
1. A Guest who intends to apply for an Accommodation Contract with the Hotel shall notify the Hotel of the following particulars:
      (1) Name of the Guest/Guests;
      (2) Date of accommodation and estimated time of arrival;
      (3) Accommodation charges (based, in principle, on the basic accommodation charges listed in the attached Table 1); and
      (4) Other particulars deemed necessary by the Hotel.
2. In the case when a Guest requests, during his/her stay, extension of the accommodation beyond the date in Subparagraph (2) of the preceding Paragraph, the Guest shall be deemed as having applied for a new Accommodation Contract at the time such request is made.

(Conclusion of Accommodation Contract, 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 when 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 the basic accommodation charges covering the Guest's entire period of stay (or 3 days when the period of stay exceeds 3 days) 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 hereof and thirdly for the reparations under Article 18 hereof if applicable, and the remainder, if any, shall be refunded to the Guest at the time of the payment of the accommodation charges as stated in Article 12.
4. When the Guest has failed to pay the deposit by the date specified by the Hotel as stipulated in Paragraph 2 of this Article, the Accommodation Contract shall become invalid. However, the same shall apply only in the case when the Guest is informed of this condition by the Hotel when the date of payment of the deposit is specified.
5. Any Guest who has not booked in advance must pay the total accommodation charges at the time of check-in.

(Special Contract 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 Accommodation Contract has been concluded as stipulated in the same Paragraph.
2. In the case when 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, the Hotel shall be deemed to have accepted a special contract prescribed in the preceding Paragraph.

(Refusal of Accommodation Contract)
Article 5  
The Hotel may not accept an Accommodation Contract under any of the following cases:
 (1) When the application for accommodation does not conform with these Terms and Conditions;
 (2) When the Hotel is fully booked and no room is available;
 (3) When the Guest is deemed liable to conduct himself/herself in a manner that contravenes applicable laws or act against the public order or good morals in regard to the accommodation;
 (4) When the Guest is deemed to be:
(a)  An organized crime group as stipulated in Article 2 (ii) of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No.77 of 1991) (hereinafter referred to as “Bouryokudan”), a member of Bouryokudan stipulated in Paragraph 6 of Article 2 of the said Act (hereinafter referred to as “Bouryokudan Member”), a semi-regular member of Bouryokudan, an associate with Bouryokudan, or another antisocial organization;
(b) A corporation or any other organization whose activities are governed by Boryokudan or a Boryokudan Member/Members; or
(c) A corporation with a Boryokudan Member/Members in its board of directors.
(5) When the Guest behaves in a manner that causes significant annoyance to other Guests.
 (6) When the Guest can be clearly detected as carrying an infectious disease;
(7) When the Guests makes a demand of the Hotel by violence or requests the Hotel to assume an unreasonable burden in regard to the accommodation;
 (8) When the Hotel is unable to provide accommodation due to natural disasters, malfunction of the facilities and/or other causes of force majeure;
 (9) When the Guest is heavily drunk and/or behaves abnormally and is deemed liable to cause significant annoyance to other Guests as stipulated in Article 10 of Fukushima Prefectural Ordinance for Enforcement of the Inns and Hotels Act; or
 (10) When the Guest makes any unreasonable demand of the Hotel or any staff of the Hotel (hereinafter referred to as “Staff”) by violence, threat, intimidation or other coercive means, or requests the Hotel or Staff to assume an unreasonable burden, or the Guest is found to have engaged in similar conduct in the past.

(Right of the Guest to Cancel Accommodation Contract)
Article 6  
1. The Guest may cancel the Accommodation Contract by so notifying the Hotel.
2. In the case when the Guest has cancelled the Accommodation Contract in whole or in part due to causes for which the Guest is liable (except in the case when the Hotel has requested the payment of the deposit by the specified date as prescribed in Paragraph 2 of Article 3 and the Guest has cancelled before the payment thereof), the Guest shall pay cancellation charges as listed in the attached Table 2. However, in the case when a special contract as prescribed in Paragraph 1 of Article 4 has been concluded, the same shall apply only when the Guest is informed of the obligation of the payment of the cancellation charges in case of cancellation by the Guest.
3. In the case when the Guest does not appear by 8 p.m. on the accommodation date (2 hours after the expected time of arrival if the Hotel is notified thereof) without an advance notice, the Hotel may regard the Accommodation Contract as being cancelled by the Guest.
(Right of the Hotel to Cancel Accommodation Contract)
Article 7  
1. The Hotel may cancel the Accommodation Contract in any of the following cases:
(1) When the Guest is deemed liable to conduct and/or found to have conducted himself/herself in a manner that contravenes applicable laws or act against the public order or good morals in regard to the accommodation;
(2) When the Guest is deemed to be:
(a)  A Bouryokudan, a Bouryokudan Member, a semi-regular member of Bouryokudan, an associate with Bouryokudan or another antisocial organization;
(b)  A corporation or any other organization whose activities are governed by a Boryokudan or Boryokudan Member/Members; or
    (c)  A corporation with a Boryokudan Member/Members in its board of directors
(3) When the Guest behaves in a manner that could cause significant annoyance to other Guests;
(4) When the Guest can be clearly detected as carrying an infectious disease;
(5) When the Guests makes a demand of the Hotel by violence or requests the Hotel to assume an unreasonable burden in regard to the accommodation;
(6) When the Hotel is unable to provide accommodation due to natural disasters and/or other causes of force majeure;
(7)  When the Guest is heavily drunk and/or behaves abnormally and is deemed liable to cause significant annoyance to other Guests as stipulated in Article 10 of Fukushima Prefectural Ordinance for Enforcement of the Inns and Hotels Act; or
 (8)  When the Guest does not observe prohibitions stipulated in the Use Regulation of the Hotel, including, but not limited to, smoking in bed and tampering with the firefighting facilities; and
 (9) When the Guest makes any unreasonable demand of the Hotel or any Staff by violence, threat, intimidation or other coercive means, or requests the Hotel or Staff to assume an unreasonable burden, or the Guest is found to have engaged in similar conduct in the past.
2. In the case when the Hotel has cancelled the Accommodation Contract in accordance with the preceding Paragraph, the Hotel shall not be entitled to charge the Guest for any of the services that the Guest has not received.

(Registration)
Article 8  
1. The Guest shall register the following particulars at the front desk of the Hotel on the day of accommodation:
  (1) Name, age, sex, address, telephone number and occupation of the Guest/Guests;
  (2) For non-Japanese: nationality, passport number, port and date of entry in Japan, and a copy of the passport;
  (3) Date and estimated time of departure; and
  (4) Other particulars deemed necessary by the Hotel.
2. In the case when the Guest intends to pay the accommodation charges prescribed in Article 12 by any means other than Japanese currency, such as traveler's cheques, coupons or credit cards, these credentials shall be shown in advance at the time of the registration prescribed in the preceding Paragraph.

(Occupancy Hours of Guest Rooms)
Article 9  
1. The Guest is entitled to occupy the contracted guest room of the Hotel from 3 p.m. to 10 a.m. the next morning. However, in the case when the Guest is accommodated continuously, the Guest may occupy it all day long, except for the days of arrival and departure.
2. Notwithstanding the provisions prescribed in the preceding Paragraph, the Hotel may permit the Guest to occupy the room beyond the time prescribed in the same Paragraph. In this case, extra charges shall be paid as follows.
10% of the basic accommodation charge per hour

(Observance of Use Regulations)
Article 10  
The Guest shall observe the Use Regulations established by the Hotel, which are posted within the premises of the Hotel.

(Business Hours)
Article 11  
1. The business hours of the main facilities, etc. of the Hotel are as follows, and those of other facilities, etc. shall be notified in detail by brochures as provided, notices displayed in each place, service directories in guest rooms and others.
  (1) Service hours of front desk, cashier's desk, etc.
a. Entrance: Open 24 hours a day
b. Front service: 7 a.m. to 10 p.m.
c. Exchange service:
  (2) Service hours (at facilities) for dining, drinking, etc.
a. Breakfast: 7 a.m. to 9 p.m.
b. Dinner: 5 p.m. to 9 p.m.
c. Other meals, drinks, etc.
Coffee Shop: 7 a.m. to 6 p.m.
Night Club: 8 p.m. to 0 a.m.
  (3) Service hours of souvenir shop: 7 a.m. to 11 a.m. and 3 p.m. to 10 p.m.
2. The business hours specified in the preceding Paragraph are subject to change due to unavoidable causes of the Hotel. In such a case, the Guest shall be informed by appropriate means.

(Payment of Accommodation Charges)
Article 12  
1. The breakdown of the accommodation charges, etc. that the Guest shall pay is as listed in the attached Table 1.
2. Accommodation charges, etc. as stated in the preceding Paragraph shall be paid in Japanese currency or by other means such as traveler’s cheques, coupons or credit cards recognized by the Hotel at the front desk at the time of the departure of the Guest or upon request by the Hotel.
3. Accommodation charges shall be paid even if the Guest, at his/her discretion, opts not to use the guest room which has been offered for him/her to use by the Hotel.

(Liabilities of the Hotel)
Article 13  
1. The Hotel shall compensate the Guest for the damage the Hotel may cause to the Guest in the fulfillment or the nonfulfillment of the Accommodation Contract and/or related agreements. However, the same shall not apply in cases when 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 fire and/or other disasters.

(Handling When Unable to Provide Contracted Rooms)
Article 14  
1. When the Hotel is unable to provide contracted rooms, the Hotel shall arrange accommodation of the same standard elsewhere for the Guest insofar as practicable with the consent of the Guest.
2. Notwithstanding the provisions of the preceding Paragraph, when the Hotel cannot arrange accommodation, the Hotel shall pay the Guest a compensation fee equivalent to the cancellation charges and the compensation fee shall be applied to the reparations. However, when the Hotel cannot provide accommodation due to the causes for which the Hotel is not liable, the Hotel shall not compensate the Guest.
(Handling of Deposited Articles)
Article 15  
1. The Hotel shall compensate the Guest for the damage when loss, breakage or other damage is caused to the goods, cash or valuables deposited at the front desk by the Guest, except in the case when this has occurred due to causes of force majeure. However, for cash and valuables, when the Hotel has requested the Guest to report its kind and value but the Guest has failed to do so, the Hotel shall compensate the Guest within the limit of 200,000 yen.
2. The Hotel shall compensate the Guest for the damage when loss, breakage or other damage is caused, through intention or negligence on the part of the Hotel, to the goods, cash or valuables which are brought into the premises of the Hotel by the Guest but are not deposited at the front desk. However, for articles of which the kind and value have not been reported in advance by the Guest, the compensation by the Hotel shall be up to 150,000 yen, unless the loss, breakage or other damage is caused through the intention or gross negligence on the part of the Hotel.

(Custody of Baggage and/or Belongings of the Guest)
Article 16  
1. When the baggage of the Guest is brought into 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. The baggage shall be handed over to the Guest at the front desk at the time of his/her check-in.
2. When the baggage or belongings of the Guest is found left after his/her check-out, and the ownership of the article is confirmed, the Hotel shall inform the owner of the article left 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 7 days including the day it is found, and after this period, the Hotel shall turn it over to the nearest police station. The Hotel will dispose of mass-produced, inexpensive articles such as umbrellas and clothes and articles that require unreasonably high cost for storage pursuant to the Lost Property Act.
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 1, and with the provisions of Paragraph 2 of the same Article in the case of Paragraph 2.

(Liability in Regard to Parking)
Article 17  
The Hotel shall not be liable for the custody of the vehicle of the Guest when the Guest utilizes the parking lot within the premises of the Hotel, as it shall be regarded that the Hotel simply offers the space for parking, whether the key of the vehicle has been deposited with the Hotel or not.
However, the Hotel shall compensate the Guest for the damage caused through intention or negligence on the part of the Hotel in regard to the management of the parking lot.

(Liability of the Guest)
Article 18  
The Guest shall compensate the Hotel for the damage caused through intention or negligence on the part of the Guest.

(Emergency)
Article 19  
The Guest shall cooperate with the Hotel in preventing fire and minimizing damage from earthquakes and other disasters and in case of emergency, act calmly while following the instructions of the Staff. The Guest shall locate the emergency exits, fire extinguishers and evacuation route within the premises of the Hotel in advance to prepare for emergency situations.

(Condolence Money Payment Regulations)
Article 20
Should a Guest die while staying at the Hotel from any cause other than an injury, the Hotel shall carry out the procedures stipulated in the Condolence Money Regulations attached hereto. (Attachment: Condolence Money Payment Regulations)

Table 1
Breakdown of Accommodation Charges (Ref. Paragraph 1 of Article 2 and Paragraph 1 of Article 12)
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Notes:
1. Basic accommodation charges shall be as per the list of charges posted at the front desk.
2. Children aged between 6 and 11 years are charged 70% of the adult charge when meals and bedding comparable to those for an adult are provided. Children aged between 4 and 5 years are charged 50% of the adult charge when meals and bedding for children are provided. Children aged 3 years or younger are charged 3,000 yen (excluding tax) when only bedding is provided.
3. When the tax law is amended, the provisions of the amended law shall apply.

Table 2
Cancellation Charge (Ref. Paragraph 2 of Article 6)
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Notes:
1. The percentages signify the rate of cancellation charge to the basic accommodation charges.
2. When the number of days contracted is shortened, the cancellation charge for its first day shall be paid by the Guest regardless of the number of days shortened.
3. When part of a group booking (for 15 persons or more) is cancelled, the cancellation charge shall not be charged for the number of persons equivalent to 10% of the number of persons booked as of 10 days prior to the accommodation (or as of the day of the acceptance of the booking if the booking is accepted less than 10 days prior to the accommodation), with fractions rounded up to the nearest one yen.

Attachment
Condolence Money Payment Regulations (Ref. Article 20)
(Purpose)
Article 1
The purpose of these Regulations is to stipulate necessary matters concerning condolence money and other gifts to be offered by the Hotel in case of death of a Guest during his/her stay at the Hotel as a way to express its sympathy.

(Condolence Money)
Article 2
Should a Guest die at any time between his/her check-in at and check-out from the Hotel from any cause other than an injury, the Hotel shall take the following procedures.
1. Pay condolence money to the bereaved family of the Guest in an amount up to 100,000 yen per deceased Guest.
2. Have the Hotel’s director, staff member, or other representative attend the funeral service of the deceased Guest as appropriate.
3. Send flowers to the funeral service of the deceased Guest as appropriate.

(Exemption of Application)
Article 3
The provisions of the preceding Article shall not apply if the cause of death of the Guest is:
1. Use of illegal drug, cannabis, opium, stimulant, thinner, etc.;
2. Pregnancy, delivery, premature delivery, or miscarriage;
3. Suicide;
4. Illness arising from exposure to nuclear fuel materials including spent nuclear fuel materials (hereinafter referred to as “Nuclear Fuel Materials”), articles contaminated with Nuclear Fuel Materials or other hazardous materials, or accident caused by any such materials;
5. Illness arising from exposure to radiation or radiological contamination not specified in Subparagraph 4; or
6. Bacterial food poisoning

(Documents to be Submitted)
Article 4
The bereaved family of the deceased Guest shall submit the following documents to receive condolence money hereunder.
1. A request for condolence money in a form prescribed by the Hotel
2. A death certificate or postmortem certificate issued by a doctor
3. An official document that certifies the relationship between the deceased Guest and the recipient of condolence money