Accommodation Contracts – THE MACHIYA KAMIUMEYA

This is a binding legal agreement (“agreement”). Please read these terms of use carefully before using this site.

This agreement governs your viewing and use of websites for THE MACHIYA KAMIUMEYA and all affiliates (referred to herein as “the Hotel,” “we,” “us,” or “our”) and you (referred to herein as “the Guest,” “the person,” “you”).

By using, viewing, transmitting, caching, storing, or otherwise utilizing these sites or any of the contents on these sites, you agree to and accept all of the terms and conditions set forth below. We reserve the right to modify or remove portions of these terms of use at any time without notice and, unless otherwise indicated, such changes will become effective immediately.

In addition to these terms of use, you agree to any terms and conditions specified in the Hotel’s privacy policy, which is hereby incorporated into this agreement.

Article 1. Scope of Application

1. Contracts for Accommodation and related agreements between the Hotel and the Guest to be accommodated shall be subject to these Terms and Conditions. Any particulars not provided for herein shall be governed by laws and regulations and/or generally accepted practices.
2. In cases where the Hotel has entered into a special contract with the Guest, insofar as such special contract does not violate laws and regulations and/or generally accepted practices, notwithstanding the preceding paragraph, the special contract shall take precedence over the provisions of these.
3. The Hotel does not provide any services other than accommodation.

Article 2. Refusal of Accommodation Contracts

The Hotel may refuse to provide accommodation in the following cases:

1. When the accommodation requests not conform with these provisions.
2. When this Hotel is fully booked and no room is available.
3. When the person seeking accommodation is deemed liable to conduct yourself in a manner that will contravene the laws or the maintenance of public peace and order in regard to accommodation.
4. When the person seeking accommodation can be clearly detected as carrying an infective disease.
5. When the Hotel is requested to assume an unreasonable burden in regard to the Guest’s accommodation.
6. When this Hotel is incapable of providing accommodation due to natural calamities, damage to its facilities and or other unavoidable causes.
7. When a person requesting Hotel accommodations is obviously intoxicated and could cause annoyance to other guests or when a person is behaving in such a manner as to be an annoyance to other guests.
8. When the Guest carrying dangerous goods such as oil stoves and harmful items to human bodies.
9. When the provisions of Article 5 of the Enforcement Ordinance for the Kyoto City Hotel Business Law is applicable
10. When the Guest have received the application listed in Article 11 in the past.

Article 3. Application for Accommodation Contracts

The Guest who intends to make an application for an Accommodation Contract with the Hotel shall notify the Hotel of the following particulars:

1. Name, sex, nationality, address, telephone number, and occupation of the Guest.
2. Date of accommodation, estimated time of arrival, company name of the Guest, and name and contact number of the person making the reservation.
3. Accommodation charges
4. Other particulars deemed necessary by this Hotel.

In the case when the Guest requests, extension for the accommodation beyond the date in subparagraph 2 of the preceding Paragraph during his of her stay, it shall be regarded as an application for a new Accommodation Contract only if there is no reservation placed on the room, and the hotel has approved the Guest’s application, and deposit for the extended stay has been paid.

Article 4. Conclusion of Accommodation Contract and related agreement

1. A Contract for Accommodation shall be deemed to have been concluded when the Hotel has duly accepted the application as stipulated in the Article 3, and has confirmed the payment of application fee (equal in amount to accommodation deposit) by the date specified by the Hotel (within 7 days after the application has been made, excluding bank holidays). However, the same shall not apply when it has been proved that the Hotel has not accepted the application. The person making the application is responsible for paying relevant bank transfer fees.
2. 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 5 as applicable, and the remainder, if any, shall be refunded at the time of the payment of the Accommodation Charges.
3. When the Guest has failed to pay the application fee by the date as stipulated in the preceding paragraph, the Hotel shall treat the Accommodation Contract as invalid.

Article 5. Cancellation of Reservation

In cases where the guest has cancelled the Accommodation Reservation in whole or in part, the Guest shall pay cancellation charges as listed in the cancellation charge table.

1. Terms for cancellation charges are; for cancellation made on the day accommodation commences, 100% of accommodation cost, 50% for 1 to 7 days before the accommodation commences, and 30% for 8 to 28 days before the date the accommodation commences.
2. In the case when the Guest does not appear by 9 p.m. of the accommodation date, or 2 hours after the expected time of arrival if without an advance notice, the Hotel may regard the Accommodation Contract as being cancelled by the Guest.
3. 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.
4. In cases the preceding paragraph, when the Guest can prove that the Guest is not liable not to appear without any notification due to the cause such as no arrival or delay of a public transportation, the Hotel may not request the cancellation charges as listed in Paragraph 1.

Cancellation Charges :

Remarks:

• The percentages signifies the rate of cancellation charge to the Basic Accommodation Charges.
• 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.

Article 6. Right to Cancel Accommodation Contracts by the Hotel

The Hotel has the right to cancel Accommodation Reservation as the following case except the other provisions are provided:

1. In cases from Article 2, paragraph 3 to paragraph 10.
2. The guest does not notify the particulars listed in the Article 3, paragraph 1 by the requested time.
3. The guest does not pay Accommodation Deposit in case of the Article 4.

In cases where the Accommodation Reservation has cancelled in accordance with the preceding paragraph, the Accommodation Deposit shall be refunded if it has already been received.

Article 7. Registration

The Guest shall register the following particulars at the Front Desk of the Hotel on the day of accommodation:

1. The particulars listed in the Article 3, paragraph 1.
2. In the case of a foreign resident, nationality, passport number, port and date of entry in Japan
3. Date and estimated time of departure; and
4. Other particulars deemed necessary by the Hotel.

Payment of the Guest’s Accommodation Charges prescribed in Article 9 is settled either through prepay, credit card or travel agent

Article 8. Check-in & Check-out time

1. The time of which the Guest can check-in is 3pm, and the Guest must leave the premises before the check-out time, which is 10am.
2. The hotel does not approve extension of stay beyond 10am.
3. In the case when the Guest is accommodated continuously for more than 2 days, the Guest may occupy the room all day long, except for the days of arrival and departure. However, cleaning staff will enter the rooms between 11am and 5pm for daily cleaning.

Article 9. Payment of Accommodation Charges

Accommodation charges shall be paid via direct deposit into a nominated bank account or credit card by the date specified by the Hotel. Accommodation charges shall be paid even if the guest voluntarily does not utilize the accommodation facilities once such facilities have been made available to him / her by the Hotel.

Article 10. Observance of House Regulations

The Guest shall observe the House Regulation established by the Hotel, which are posted within the premises of the Hotel.

Article 11. Refusal of Accommodation Contracts

In cases of following situation, the Hotel shall have the right to cancel Accommodation Contracts even if the Hotel has once accepted the Guest.

1. In cases from Article 2, paragraph 3 to 10
2. In cases where the Guest bring visitors into the room
3. In cases where the Guest violates the House Regulations listed in the preceding article.
4. When the Guest does not observe the rules prohibiting certain actions specified under the House Regulations stipulated by the Hotel, such as smoking in bed, and mischief to the fire fighting facilities.

Article 12. Liabilities of the Hotel

1. The responsibility of this hotel concerning accommodation starts from the time the guest is registered at the front desk or when the Guest enters his or her room, whichever was earlier, and terminated at the time the Guest leaves his or her room to depart.
2. When the guest can no longer be accommodated due to reasons for which this hotel is responsible, the hotel shall arrange to secure accommodation of the same or similar standard for the guest at facilities elsewhere, except in cases of natural calamities and other causes making its observance difficult.In such a case, there shall be no charge to the guest for the accommodation at this hotel for the day.
3. In case of paragraph 2 described above, the Hotel cannot be responsible for compensation greater than the amount of accommodation charge.
4. The Hotel does not provide any services other than accommodation.

Article 13. Handling of Deposited Articles

1. The Hotel does not handle or keep deposited articles.
2. The Hotel shall not be liable for The Hotel for the loss or destruction of the possessions of Guests, including cash and other valuables, unless there was willful or gross negligence by the Hotel or any of its employees.

Article 14. Custody of Baggage and Belongings of the Guest

1. The Hotel cannot accept and keep the Guest’s baggage and belongings prior to arrival.
2. When the Guest checks out leaving belongings or bags behind, the Hotel will try to identify the owner, and contact him / her to ask for instructions. If no instructions from the owner are received or if the owner is not identifiable, the items will be kept for 7 days (including the day they were discovered).

Article 15. Parking Space

The Hotel does not have parking space for the Guests.

Article 16. Liabilities of the Guest

The Guest shall compensate the Hotel for any damage caused intentionally or through negligence on the part of the Guest.

Article 17. Jurisdiction and Applicable Laws

Litigation arising from the Terms & Conditions for Accommodation contract will be resolved in Kyoto District Court or Kyoto Summary Court in the jurisdiction of the Hotel and in accordance with Japanese law.

Remarks: Calculation of Accommodation Charges

1. Accommodation charges to be paid by the Guest is the room cost only.
2. The Hotel doesn not have child rate

House Regulations – THE MACHIYA KAMIUMEYA

To ensure comfort and safety of the Hotel, we ask the Guests to abide the following house rules according to Article 11 of THE MACHIYA KAMIUMEYA Terms and Conditions:

1. Use of firearms that causes fire in the Hotel’s premises is forbidden.
2. Smoking is prohibited on all areas of the Hotel.
3. The Hotel is a wooden building situated in general residential area, thus refrain from making loud noises or any other disgusting behaviour that would cause annoyance for the neighbours in the surrounding.
4. To carry the following into the the Hotel premises
   • Animals and birds
   • Items that emit foul odour
   • Items of great quantity
   • Volatile or ignitable items such as explosives and gasoline.
   • Firearms and weapons that are not legally approved.
   • Marijuana, amphetamines
5. Refrain from gambling and behaving in any demoralizing manner in the Hotel.
6. Do not bring visitors into the room, and do not move, change or take out facilities and furnitures in the premises, or use them for purposes other than the original object
7. Do not fix other items to the buildings and facilities in the premises, or move them to other places.
8. Use of bath by those intoxicated is strictly forbidden.