General Terms & Conditions for Accommodation Contract

 

Article 1 (Scope of Application)

  (1) Contracts for accommodation and related agreements to be entered into between "Kyomachiya no Yado Co. (below mentioned as Machiya-inn) and the guest to be accommodated shall be subject to these terms and conditions.

  (2) In the case when Machiya-inn has entered into a special contract with the guest insofar as such special contract does not violate laws and regulations and generally accepted practices the special contract shall take precedence over the provisions of these Terms and Conditions, notwithstanding the preceding Paragraph.

  (3) Machiya-inn and guest follow this Terms and Conditions wherever guest reserve from, include direct reservation, Machiya-inn's official homepage, outside website agencies, or travel agents.

 

Article 2 (Application for Accommodation Contract)

  (1) A guest who intends to make an application for an Accommodation Contract with Machiya-inn shall notify Machiya-inn of the following particulars:

     (a) Name of the guest(s) and number of accommodate guests.

     (b) Name of machiya which guest accommodate.

     (c) Contact phone number or email address which company can reach guest on the date of arrival.

     (d) Date of accommodation and estimate time of arrival.

     (e) Agreement on accommodation charges.

     (f) Other particulars deemed necessary by Machiya-inn.

  (2) If guests request to extend their stay, during their stay, beyond the date in subparagraph (d) of the preceding Paragraph, it shall be regarded as an application for a new Accommodation Contract at the time such request is made.

 

Articule 3 (Conclusion of Accommodation Contracts, etc)

  (1) A contract for Accommodation shall be deemed to have been concluded when Machiya-inn has duly accepted the application as stipulate 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 a Contract for Accommodation has been concluded in accordance with the provisions of the preceding paragraph, the guest is requested to pay the full amount of accommodation fees which covering the guest's entire period of stay by the date specified by Machiya-inn. If the payment cannot be made until the limit date which specified by Machiya-inn, Machiya-inn can cancel the reservation with no agreement from the guest. Guest has one method to avoid the cancellation, which is, the guest must contract to Machiya-inn directly by phone call to Machiya-inn and get agreement of postpone the limit of the payment date.

  (3) In case not the full amount of accommodation fees did not reach to Machiya-inn until the limit date of payment specified by Machiya-inn, guest must agree with Machiya-inn about it, and specified when the full amount can be prepared. If guest cannot prepare, the accommodation application cannot keep the efficacy, and Machiya-inn can cancel the reservation without agreement from guest.

  (4) Payment of the accommodation fees must done by bank transfer or by credit card. However, only in case if guest made the accommodation reservation through travel agencies or outside website company, and guest did not get the contract from Machiya-inn about payment, guest can follow the payment way of paying the accommodation fees through the reservation agencies or website which guest used for reservation.

 

Article 4 (Refusal of Accommodation Contracts)

  (1) Machiya-inn may not accept the conclusion of an Accomodation Contract under any of the following circumstances.

     (a) When the application for accommodation does not confirm to the provisions of these Terms and Conditions.

     (b) When machiya is fully booked and there is no vacancy.

     (c) When the guest seeking accommodation is deemed liable to conduct himself/herself in a manner that will violate laws or act against the public order or good morals in regard to his/her accommodation.

     (d) When the person requesting Machiya-inn accommodation is a member of an organized crime group, under Article 2-6 of Law on Preventing Unreasonable Conduct by Organized Crime Groups (Code 88 issued in 1991), or a related party, under Article 2-2 of said law.

    (e) When the person requesting Machiya-inn accommodation could cause annoyance to other guests or when the person is behaving in such a manner as to be an annoyance to other guests, or did in former stay.

     (f) When the person stay in machiya is under 20 years old and did not have a certificate of consent from guardian. However, if the guardian will stay in machiya together, there are no need to submit the certificate.

     (g) When the guest seeking accommodation can be clearly identified as carrying an infectious disease.

     (h) When the Machiya-inn and/or the staff are violently threatened or unreasonably burdened by the guest.

     (i) When the guest made an annoying behavior in previous stay or got a claim from neighbors about noise in Machiya-inn accommodation.

     (j) When the guest damaged machiya or suffer Machiya-inn a loss, and the guest did not compensate it.

     (k) When Machiya-inn is unable to provide accommodation due to natural calamities, malfunction of facilities and/or other unavoidable causes.

     (l) When the guest do not hold Japanese nationality, and could not submit the guest's passport or resident card until check in. However, in case travel agencies which follow laws clearly could submit the guest's passport number or resident card number to Machiya-inn before check in, guest do not need to submit them directly to Machiya-inn.

     (m) When guest cannot agree with this General Terms and Conditions for Accommodation Contract.

 

Article 5 (Right to Cancel Accommodation Contracts by the Guest)

  (1) The guest is entitled to cancel the Accommodation Contract by notifying Machiya-inn by telephone call or by internet website cancellation.

  (2) If the guest has cancelled the Accommodation Contract is whole or in part due to causes for which the guest is liable, the guest shall pay cancellation charges as listed in the attached table below. However, in the case when a special contract as prescribed in Article 6 has been concluded, the same shall apply only when the guest is informed of the obligation of payment of cancellation charges in case of cancellation by the guest. Only accommodation application was made through outside internet website agencies or travel agencies, the each agencies' policy will be applied on guest's cancellation.

Date when cancellation of Contract is noticed No show Accommodation Day 1-3 Day Prior to Accommodation Day 4-14 DaysPrior to Accommodation Day 15 Days Prior to Accommodation Day
Cancellation Charges 100% 100% 50% 30% 0%

 

 Article 6 (Special Contract for Not Demand Payment of Accommodation Fees)

  (1) The reason of cancellation of contract suite following reasons, Machiya-inn do not demand the cancellation charges.

     (a) When the guest's second degree of consanguinity has died, and guest can submit a copy of death certificate which was written by a person who has a medical license until 21 days from the date when cancellation of Contract is noticed.

     (b) When the guest cancelled the accommodation application until the date the cancellation charges occur.

 

Article 7 (Rights to Cancel Accommodation Contract by Machiya-inn)

  (1) Machiya-inn may cancel the accommodation contract under any of the following circumstances without agreement of guest. Guest must leave the machiya when Machiya-inn ordered to leave with following circumstances. Following (a) to (e), there are no refund for the accommodation fees. Also, if Machiya-inn need actual expenses over the accommodation fees to solve the problem which guest caused, guest need to pay for.

     (a) When the guest is deemed liable for conduct and/or has conducted himself/herself in a manner that will violate laws or act against the public order and good morals in regard to his/her accommodation.

     (b) When the person requesting machiya is obviously intoxiated, or could cause annoyance to other guests or when a person is behaving in such a manner as to be an annoyance to other guest.

     (c) When the Machiya-inn and/or Machiya-inn's staff suffers from violent threat or unreasonable burden from the guest. Or, when it is acknowledged that similar activity has occurred in the past.

     (d) When guest made annoying behavior or damage to machiya and/or machiya's owner. Or, when it is acknowledged that similar activity has occurred in the past.

     (e) Other reasons when Machiya-inn decided to order guest to leave machiya.

  (2) Machiya-inn may cancel the Accommodation Contract under any of the following circumstances without agreemtn of guest. Guest must leave the machiya when Machiya-inn order guest to leave with following circumstances. Following (f) to (n), Machiya-inn refund to guest only a part of the accommodation fees. The part of accommodation fees which is not refund to the guest includes; actual expenses to solve the problem which guest caused, actual expenses to clean machiya, system fees to accept accommodation application, commission which will pay to travel agencies or outside internet reservation agencies. However, if Machiya-inn need actual expenses over the accommodation fees to solve the problem which guest caused, guest need to pay for.

     (f) When the Guest can be clearly identified as carrying an infectious disease.

     (g) When guest made false statement on Article 4.

     (h) When the person requesting Hotel accommodation is a member of an organized crime group, under Article 2-6 of Law on Preventing Unreasonable Conduct by Organized Crime Groups (Code 77 issud in 1991), or a related party.

     (i) When guest continue to make noise even after Machiya-inn claimed to keep it down.

     (j) When guest make trouble for neighbours.

     (k) When guest against the law of Kyoto.

     (l) When guest enter a place with shoes where you need to shoes off.

     (m) When guest smoke where is not allowed to smoke.

     (n) Other reasons when Machiya-inn decided to order guest to leave machiya.

  (3) Machiya-inn may cancel the Accommodation Contract under any of the following circumstances without agreement of guest. Guest must leave the machiya when Machiya-inn ordered to leave with following circumstances. For following (o) to (p), Machiya-inn refund to guest most of the accommodation fees except actual expenses; cleaning fees and other expenses which guest alreday used.

     (o) When irresistible force such as natural disaster is occurred and Machiya-inn made a judgment of close the machiya for safety.

     (p) Other reasons when Machiya-inn decided to order guest to leave machiya.

 

Article 8 (Registration)

  (1) The guest shall resister the dollowing particulars the reception of the Machiya-inn on the day of accommodation.

     (a) Name, sex, address, contract phone number, and occupation of the guest.

     (b) Nationality and passport number. All guests of foreign nationality will be asked to leave a photocopy of their passport.

     (c) Other particulars deemed necessary by the Hotel.

  (2) In the case where the guest intends to pay his payment at reception such as for accommodation fees, delivery service fees, or others, the guest need to pay by cash. Just in case the payment amount is over 15,000 Japanese yen, guest are allowed to use credit card. However, in case guest want to use credit card for payment, guest need to inform Machiya-inn in advance, also there are possibility to pay extra credit card fee for 2 percent of whole amount.

 

Article 9 (Occupancy Hours of Machiya)

  (1) The guest is entitled to occupy the contracted machiya of Machiya-inn from 16:00 on the day of arrival to 11:00 on the day of departure. However, in the case when the guest is accommodated continuously, the guest may occupy the machiya all day, except for the days of arrival and departure.

  (2) Machiya-inn may, notwithstanding the provisions prescribed in the preceding paragraph, permit the guest to occupy the machiya beyond the time prescribed in the same paragraph when there are no other guest arrival on the same day. In this case, extra charges shall apply as follows. The permission from Machiya-inn to the guest is on the guest's arrival or after.

     (a) Until 12:00 = 30% of the room charge

     (b) Later than (a) = 100% of the room charge

  (3) If guest does not leave machiya as (1) and (2), guest need to pay 100% of the room charge to Machiya-inn on the date of departure by cash only.

  (4) After the limit of leaving the machiya, in case guest use the amenities or facilities, guest need to pay 100% of the accommodation fees of the day. If this payment occurs, guest need to pay by cash on the date of departure.

  (5) When guest neglect this payment, Machiya-inn immediately contact to guest by phone call or email for the paymet. Also, Machiya-inn can withdraw the amount from guest's credit card of which guest submit the credit card number to pay accommodation fees. If Machiya-inn does not have the credit card details, Machiya-inn request the guest to pay by bank transfer. However, when Machiya-inn cannot contact ti guest directly or not response from guest, Machiya-inn dile a lawsuit the guest about this payment to the couort, and Japanese law is being adapted.

 

Article 10 (Observance of Regulations)

  (1) The guest shall observe the Machiya-inn regulations established by Machiya-inn, and also excplanations which made by staff of Machiya-inn on check in. Machiya-inn regulations are posted within the premises in machiya.

 

Article 11 (Business Hours)

  (1) The business hours of Machiya-inn main facilities are as follows. For details about office hours and temporary changes of office hours are posted on official homepage in advance.

     (a) Kyoto Station Reception  9:00 - 19:00

     (b) Nijyo Station Office         9:00 - 19:00

     (c) All machiya                     No resident staff. Only staff avairable at maintenace and housekeeping

  (2) 365days working, basically. However, there is a possibility of holidays in the beginning of the year and others. In case there are holidays, Machiya-inn announce it on the official homepage in advance.

  (3) Emergency telephone number is avairable in all machiya and on official homepage.

 

 

Article 12 (Liabilities of Machiya-inn)

  (1) Machiya-inn shall compensate the guest for damage if Machiya-inn has caused such damage 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 where such damage has been caused due to reasons for which Mahciya-inn is not liable.

  (2) Machiya-inn is covered by "Hotel Liability Insurance" to deal with unexpected fire and/or other disasters.

 

Article 13 (Handling when unable to Provide Contracted Machiya)

  (1) The Machiya-inn shall, when unable to provide contracted rooms, arrange accommodation of the same standard elsewhere for the guest insofar as practicable with the consent to the guest. However, if the responsibility is not on Machiya-inn, Machiya-inn will not prepare other accommodation. When arrangement of other accommodation cannot be made, notwithstanding the provisions of the preceding paragraph, Machiya-inn shall refund the accommodation fees which guest alreday paid to Machiya-inn.

 

Article 14 (Handling Delivery Services)

 (1) Following are applied for delivery service from Kyoto Station Reception to all machiya.

     (a) When guest use delivery service from Kyoto Station Reception to all machiya, guest need to bring baggage to Kyoto Station Reception until 14:00 and apply for it.

     (b) Machiya-inn deliver the baggagte which guest brought to Kyoto Station Reception to all machiya until 18:00 on the same day. In case there are possibility that Machiya-inn cannot deliver it until 18:00 becuase of such as trafic condition, Machiya-inn annouce guest when Machiya-inn knows the situation.

     (c) Even if guest is not in the machiya, Machiya-inn put the baggage inside of machiya.

     (d) Delivery fees need to be paid at Kyoto Station Reception with apply by cash.

  (2) Following are applied for delivery service from all machiya to Kyoto Station Reception.

     (a) When guest use delivery service from machiya to Kyoto Station Reception, guest need to apply it on arrival or during guest's stay until 19:00 of the day before of use. And prepare baggage until 11:00 on the day, inside of entrance.

     (b) Machiya-inn will take the baggage from machiya and transfer to Kyoto Station Reception until 15:00 on the same day. In case there are possibility that Machiya-inn cannot deliver it until 15:00 because of such as traffic condition, Machiya-inn announce guest when guest apply.

     (c) Guest must take baggage from Kyoto Station Reception between 15:00 and 19:00 on the same day. In case no guest appeared to take the baggage until 19:00, Machiya-inn will report to police station as lost article.

     (d) Delivery fees need to be paid at Kyoto Station Reception by cash when guest take baggage back.

  (3) Following are applied for delivery service from machiya to other machiya.

     (a) When guest use delivery service from machiya to Kyoto Station Reception, guest need to apply it on arrival. and prepare baggage until 11:90 on the day, inside of entrance.

     (b) Machiya-inn deliver the baggage which guest brought to Kyoto Station Reception to another machiya until 18:00 on the same day. In case there are possibility that Machiya-inn cannot deliver it until 18:00 because of such as traffic condition, Machiya-inn announce guest when Machiya-inn knows the situation.

     (c) Even if guest is not in the machiya, Machiya-inn put the baggage inside of machiya.

     (d) Delivery fees need to be paid at Kyoto Station Reception with apply by cash. Guest does not plan to use delivery service from machiya to Kyoto Station Reception on the last day, guest need to decide the numbers of baggage and pay it in advance, and guest cannot change the number of baggage to deliver.

  (4) When guest use delivery service, Machiya-inn can decline the application from guest for delivery, if guest has following articles. When Machiya-inn agree to deliver following items, guest must agree about no responsibility on Machiya-inn in case the articles are lost, destroyed, or spoiled.

     (a) More than 32 kilograms per baggage.

     (b) More than 200 centimeters per baggage (all of width, length, and hight)

     (c) Item which need to be in refrigerator or in freezer.

     (d) Easy to be damaged. (umbrella, items with liquid crystal screen, glass, pottery, bottle, snack, etc.)

     (e) Valuable items (purse, money, watch, key, mobile, personal computer, tablet, art, high-grade kimono, etc)

     (f) Live animals

     (g) Liquid (wine bottle, plastic bottle, food with liquid)

     (h) Hazardous materials (knife, lighter, chemicals)

     (i) Tied up items

     (j) Others which staff of Machiya-inn judged as impossible to deliver.

  (5) Machiya-inn will not take responsibility when outer surface of baggage are polluted. When inner items are polluted, Machiya-inn compensate for the items by clean up or prepare a new item up to a maximum of 10,000 Japanese yen. However, this is only when guest can prove Machiya-inn has a responsibility on this matter.

  (6) When items in the baggage slipped out and destroyed, and guest can prove Machiya-inn is the reason of the destruction, Machiya-inn compensate for the items up to a maximum of 10,000 Japanese yen.

  (7) During transportation of baggage or during the baggage is at the Kyoto Station Reception, when robbery or accident cause of the lost or destruction of the baggage, Machiya-inn immediately contact the closet police station and follow the instruction. In this case, Machiya-inn will compensate for items up to 30,000 Japanese yen.

 

Article 15 (Handling of valuables items)

  (1) During guest stay at machiya which has a safe inside, following are applied.

     (a) Machiya-inn will not take responsibility for those items which size are smaller than the safe, and not storage inside the safe.

     (b) Machiya-inn will compensate up to 100,000 Japanese yen when items storage inside the safe and also items size is over the safe in case of lost or destroyed. This compensate will be made when guest can prove that the responsibility is on Machiya-inn.

     (c) When robbery are occurred, guest must contact to Machiya-inn immediately. Machiya-inn must contact to police station about the robery, and follow the instruction. Staff of Machiya-inn must attend the on-the-spot of inspection. When police judged the responsibility is on Machiya-inn, Machiya-inn will compensate up to 100,000 Japanese yen to the guest. However, this is only when guest contact to Machiya-inn immediately when the guest found the robbery, not checked out, and also when the on-the-spot is kept same when guest found out the roberry. Guest must remain in the machiya until police officer and staff of Machiya-inn arrival.

 

Article 16 (Liability in Regard to Parking)

  (1) Machiya-inn shall not be liable for the custody of the vehicle of the guest when the guest utilizes the parking lot within the premises of Machiya-inn, as it shall be regarded that Machiya-inn simply offers the space for parking. However, Machiya-inn shall compensate the guest for damage caused through intent or negligence on the part of machiya-inn in regards to the management of the parking lot.

  (2) Machiya-inn shall not take any responsibilities when guest use public parking lot.

  (3) In case guest park any other places outside of Machiya-inn decided as a parking space, and had trouble with neighbors or others, Machiya-inn will mediate between guests and neighbors or others, however, Machiya-inn will not take any responsibilities for the trouble. Also, if the trouble will case to Machiya-inn's business or management of machiya, guest must compensate for the trouble under the instruction of court and a lawyer.

 

Article 17 (Handling of housekeeping)

  (1) Machiya-inn will clean machiya every day from 11:00, after guest left the machiya. Even when guest use machiya continuously, Machiya-inn clean machiya every day basically. On the cleaning time, Machiya-inn will change towels and linens, collect garbage, and do maintenance. However, under the situation of following, following paragraph will be applied.

     (a) When guest continually use machiya, and guest do not need housekeeping during the stay. In this case, there are no replenish of any of amenities and exchange of linens and towels. Machiya-inn will clean the machiya and maintenace only 1 time a 3 days which follows by law and also need to do to keep machiya as continuation of traditional machiya. Guest has no right to refuse this.

     (b) When Machiya-inn sold an accommodation plan which does not include cleaning during stay, and guest accommodate with the plan, the details of the accommodation plan will be applied.

 

Article 18 (Handling of Lost Articles)

  (1) After guest's check out, when Machiya-inn found lost articles of the guest, Machiya-inn basically hold them for 7 days. No contact from the guest about the lost articles, Machiya-inn submit them to police station. Only when valuable items such as purse was found, Machiya-inn submit it on the day Machiya-inn found it.

  (2) After guest's check out, when Machiya-inn found food, drink, magazines, or other articles which seems general wastes, Machiya-inn disposal those articles after 20:00 on the same day if there are no contact from guest. Articles which will be disposal on the day includes souvenirs which has use-by date or best-before date.

  (3) Machiya-inn will open or investigate the articles when to know what exactly the articles are and to know how Machiya-inn should manage and dispose. Guest cannot refuse or object to this.

  (4) Following above paragraph, and then when guest suffer a damage about articles because of Machiya-inn's fault or mistake, Machiya-inn compensate it up to 10,000 Japanese yen.

 

Article 19 (Liability of the Guest)

  (1) The guest shall compensate Machiya-inn for damage cased through intent or negligence on part of the guest.

 

Article 20 (Other stipulations)

  (1) These terms are provided in both Japanese and English. In case of a discrepancy between the Japanese and the English, the Japanese version will take precedence. Litigation arising from the Terms and Conditions for Accommodation Contract will be resolved in the courts in the jurisdiction of the Machiya-inn and in accordance with Japanese law. When there are no stipulations included in this terms and conditions, all matters will be judge according to Japanese convention and Japanese law at Japanese courts.

  (2) This Terms and Conditions for Accommodation Contract comes into effect from the time accommodation appilication was completed.

 

 

 

 

 

END