Article 1 (Scope of Application)

Contracts for accommodation and related agreements to be entered into 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 or generally accepted practices.

2
If the hotel has entered into a special contract with the guests, insofar as such special contract does not violate laws and regulations and generally accepted practices, notwithstanding the preceding paragraph, such a special contract shall prevail the provisions of these Terms and Conditions.

Article 2 (Application for Accommodation Contracts)

A guest who intends to make an application for an accommodation contract with the hotel shall notify the hotel of the following particulars:

1. Names of the Guest(s);
2. Date of accommodation and estimated time of arrival;
3. Accommodation charge(s) (based, in principle, on the basic accommodation charges listed in the Schedule 1);
4. Other particulars deemed necessary by the hotel.

2
In cases when changes arise to the particulars notified to the hotel in accordance with the preceding paragraph, the guest shall notify the hotel of the changes immediately.

3
If guests request to extend their stay, during their stay, beyond the date in Item (2) of Paragraph 1, it shall be regarded as if an application for a new accommodation contract at the time the request is made.

Article 3 (Conclusion of Accommodation Contracts, etc.)

A contract for accommodation 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 a contract for accommodation has been concluded in accordance with the provisions of the preceding paragraph, the guest is requested to pay an accommodation deposit covering the guest’s entire period of stay in regard to the contract for accommodation by the start of the stay or by the date specified by the hotel.

3
If any of the events listed in the following items should occur, the hotel may treat an application for accommodation contract by the guest as though it has been made without the intention to actually stay and the accommodation contract shall become invalid.

1. When the guest has failed to pay the accommodation deposit as stipulated in the preceding paragraph by the start of the stay or by the date specified by the hotel in accordance with the preceding paragraph.
2. When the hotel has tried to contact the guest using the particulars notified in accordance with the Paragraph 1 of the preceding article, the guest cannot be reached within 10 days from the day the first contact was attempted (however, if the arrival date is less than 10 days away, by 3pm of the day of the arrival date).
3. When the guest rejects contacts from the hotel.

4
In the cases of (2) and (3) of the preceding paragraph, received accommodation deposit shall not be returned.

Article 4 (Special Contracts Requiring No Accommodation Deposit)

Notwithstanding the provisions of Paragraph 2 of the preceding article, the hotel may enter into a special contract requiring no accommodation deposit as stipulated in the same Paragraph after the contract has been concluded.

2
When the hotel has not requested the payment of the deposit as stipulated in Paragraph 2 of the preceding article or has not specified the date of the payment of the deposit at the time the application for an accommodation contract has been accepted, it shall be treated as though the hotel has accepted a special contract prescribed in the preceding paragraph.

Article 5 (Refusal of Accommodation Contracts)

The hotel may not accept the conclusion of an accommodation contract under any of the following cases:

1. When the application for accommodation does not conform with the provisions of these Terms and Conditions;
2. When the Hotel is fully booked and no room is available;
3. When there are reasons equivalent to the preceding item including when due to a natural disaster or other emergencies, victims and people in charge of restoration efforts are going to be accommodated with priority;
4. When the guest seeking hotel accommodation is a member of or associated with an organized crime group as provided for under the Act on Prevention of Unjust Acts by Organized Crime Group Members and Prefectural Ordinance on Elimination of Organized Crime Groups, a group associated with an organized crime group, or other anti-social force;
5. When the guest seeking accommodation is deemed liable to conduct himself in a manner that will contravene the laws or act against the public order or good morals in regard to their accommodation;
6. When the guest seeking accommodation has a specified infectious disease;
7. When the guest seeking accommodation keeps making demands in regard to the accommodation satisfaction of which causes an excessive burden on the hotel and may interfere with provision of service to other guests as stipulated in Order of the Ministry of Health, Labour and Welfare;
8. When the hotel is unable to provide accommodation due to natural calamities, disfunction of the facilities or other unavoidable causes;
9. When the guest seeking accommodation is likely to cause annoyance to other guests or disrupt the hotel’s operations or is verbally abusive or disruptive in a manner likely to cause annoyance to other guests or the hotel employees;
10. When the guest seeking accommodation is clearly perceived to be mentally or physically ill;
11. When the guest seeking accommodation is under 18 years old staying on their own without consent of their parent or guardian;
12. When the guest has made an application for accommodation for the purpose of transferring the right to stay to someone else;
13. When the guest has made an application for accommodation without any real intention of staying;
14. Other cases where the hotel may refuse accommodation in accordance with laws and regulations or prefectural ordinances.

Article 6 (Right to Cancel Accommodation Contracts by the Guest)

The guest is entitled to cancel the accommodation contract by so notifying the hotel.

2
In cases when the guest has cancelled the accommodation contract in whole or in part due to causes for which the guest is liable (except in cases when the hotel has requested the payment of the deposit during the specified period as prescribed in Paragraph 2 of Article 3 and the guest has cancelled before the payment), the guest shall pay cancellation charges as listed in Schedule 2. However, in cases when a special contract as prescribed in Paragraph 1 of Article 4 has been concluded, the same shall apply only when the guest has been informed of the obligation of the payment of the cancellation charges at the time of such conclusion of the special contract.

3
If the guest does not appear by 11:30 p.m. of the arrival date without advance notice (2 hours after the expected time of arrival if it is clearly marked), the hotel may regard the accommodation contract as having been cancelled by the guest.

Article 7 (Right to Cancel Accommodation Contracts by the Hotel)

The Hotel may cancel the accommodation contract in any of the following cases:

1. When the guest is a member of or associated with an organized crime group as provided for under the Act on Prevention of Unjust Acts by Organized Crime Group Members and Prefectural Ordinance on Elimination of Organized Crime Groups, a group associated with an organized crime group, or other anti-social force;
2. When the guest engages in or in danger of engaging in violence, intimidation, extortion, unreasonable demands, gambling, use of drugs that is not permitted by laws and regulations, carrying or use of firearms or swords or other similar objects, acts that cause annoyance to other guests, or other acts that are against the laws and regulations or public order and morals;
3. When the guest seeking accommodation has a specified infectious disease;
4. When the guest has acted in the following manner with regard to the stay:
   • ① Using the room by more people than on the booking or demanding to do so;
   • ② Demanding a remission or a discount of accommodation charges or demanding to have the room changed for facts that are deemed acceptable in common sense or unfounded facts;
   • ③ Repeating use of coarse or violent language or other language that causes the hotel employees to feel anxious or scared;
   • ④ Demanding reception beyond service what is normally offered at the hotel;
   • ⑤ Disregarding requests by the hotel employees regarding the appropriate use of the guestrooms and the hotel facilities despite the fact such requests are repeated;
   • ⑥ Destroying or defacing intentionally or with gross negligence, or unlawfully stealing the facilities, furniture, bedding, fittings, and ornaments;
   • ⑦ Making excessive demands beyond legal obligations (including those arising from the hotel’s negligence)
   • ⑧ Besides above, making repeated demands in regard to the accommodation satisfaction of which causes an excessive burden on the hotel and may notably interfere with provision of service to other guests as stipulated in Order of the Ministry of Health, Labour and Welfare;
5. When the hotel is unable to provide accommodation due to natural calamities, disfunction of the facilities or other unavoidable causes;
6. When the guest commits acts that interfere with fire prevention including smoking in bed and mischief to the fire-fighting facilities;
7. Transferring or trying to transfer the right to stay;
8. When an accommodation contract has been concluded through a travel agency and a payment of accommodation charges from the agency has not been confirmed. This includes when the payment has been made either by transfer right before the end of the business hours of financial institutions or regardless of the business hours of financial institutions through Internet banking but as financial institutions are closed on the following day, the payment cannot be confirmed on the day;
9. When the guest fails to observe the Terms and Conditions of Accommodation Contracts of the hotel or the Hotel Regulations;
10. Others that fall under the cases where the hotel may refuse accommodation in accordance with laws and regulations or prefectural ordinances.

2
A notice in accordance with the preceding paragraph shall be made orally or by call or email or in writing to the guests’ contact details notified in accordance with Article 2, and if a notice does not reach the guest even when it is made to the guest’s contact details notified in accordance with Article 2, the notice shall be deemed to have reached the guest after the period of time within which the notice should have reached the guest in addition to the provisions of Paragraph 3 of Article 3 being applied.

3
In cases when the hotel has cancelled the accommodation contract in accordance with the preceding two paragraphs, the hotel shall not refund the accommodation charges except when the Items (3) and (5) of Paragraph 1 apply.

4
When Item (4) ⑥ of Paragraph 1 applies to the guest and the hotel incurs damage, the guest shall compensate the hotel for the damage (repair fee and compensation for business interruption if the operation is suspended).

Article 8 (Registration)

The guest shall register the following particulars at the front desk of the hotel on the day of the accommodation:

1. Name, age, sex, address, and contact details of the guests (s) ;
2. For foreign guests, nationality, passport number, port and date of entry into Japan;
3. Date and estimated time of departure;
4. Place of stay on the previous night and destination
5. Other particulars deemed necessary by the hotel.

2
In cases when the guest intends to pay their accommodation charges prescribed in Article 12 by any means other than cash, such as coupons or credit cards, these credentials shall be shown in advance at the time of registration prescribed in the preceding paragraph.

Article 9 (Occupancy Hours of Guestrooms)

The guest is entitled to occupy the contracted guestroom of the hotel from the check-in time to the check-out time on the next day. However, if the guestroom is contracted for consecutive days, the guest may occupy it for the entire day, except for the days of arrival and departure.

2
The hotel may, notwithstanding the provisions prescribed in the preceding paragraph, permit the guest to occupy the room beyond the time prescribed in the same Paragraph. In this case, extra charges shall apply as indicated in information tablets in the guestrooms:

Article 10 (Observance of Hotel Regulations)

The guest shall, while on the premises of the hotel, observe the Hotel Regulations established by the hotel that are posted within the hotel.

Article 11 (Opening hours)

The opening hours of the main facilities, etc. of the hotel are specified in detail by notices displayed at each place or information tablets in the guest rooms.

2
The opening hours provided in the previous Paragraph are subject to change temporarily by necessity, and when they do, an announcement shall be made as necessary.

Article 12 (Payment of Accommodation Charges)

The breakdown and method of calculation of the accommodation charges, etc. that the guest shall pay are as listed in Schedule 1.

2
The accommodation charges, etc. as stated in the preceding paragraph shall be paid in cash, or by alternative means such as coupons or credit cards accepted by the hotel at the time of the check-in or upon request by the hotel.

3
The accommodation charges shall be paid even if the guest chooses not to utilize the accommodation facilities provided by the hotel and which are at the guest's disposal.

Article 13 (Liabilities of the Hotel)

When the hotel causes damage to the guest due to a non-performance of the accommodation contract and related agreements, the hotel shall compensate the guest for the damage only if the hotel has been intentional or with gross negligence.

2
The hotel is covered by hotel liability insurance in order to deal with the damage as stipulated in the previous Paragraph. However, if the exemption clauses under the insurance contract apply, the damage incurred by the guest may not be compensated.

Article 14 (Procedure when unable to provide Contracted Rooms)

The hotel shall, when unable to provide the contracted rooms, arrange accommodation of the same standard elsewhere for the guest insofar as practicable and with the consent of the guest.

2
When other accommodation cannot be arranged, notwithstanding the provisions of the preceding paragraph, the hotel shall pay the guest a compensation fee equivalent to the penalty charges and the compensation fee shall be applied to the reparations. However, when the hotel cannot provide accommodation because of factors for which the hotel is not liable, the hotel shall not pay the compensation fee.

Article 15 (Handling of Deposited Articles)

For goods, cash or valuables deposited at the front desk by the guest, the hotel shall compensate the guest for any damage from loss, breakage, or others up to 50,000 JPY, except in cases involving force majeure. However, when the guest has not made a declaration in advance of the type and value of the cash or valuables, the hotel shall not compensate for the damage.

2
For goods, cash or valuables which are brought onto the premises of the hotel by the guest but which are not deposited at the front desk, the hotel shall not compensate the guest for any damage from loss, breakage or others unless it is caused through an intentional action or gross negligence on the part of the hotel.

Article 16 (Safekeeping of Luggage or Belongings of the Guest)

When the guest's luggage is brought into the hotel prior to the guest's arrival, the hotel shall be responsible to keep it only 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 check-in.

2
When the guest's luggage or belongings are found to have been left behind after check-out, and ownership of the item can be determined, the hotel shall inform the owner of the item left behind and ask for further instructions. When no instruction is given to the hotel by the owner or when ownership cannot be determined, the hotel shall keep the article for 3 days, including the day on which it is found, and after this period, the hotel shall turn it over to the nearest police station. Other items shall be disposed of as necessary at the hotel’s discretion. However, expendables, beverages, food, and other items that can damage the sanitary environment, newspapers and magazines, umbrellas, and other items that the hotel decides were discarded by guests will be disposed of immediately following the procedure prescribed by the hotel.

3
The hotel's responsibility in regard to the safekeeping of the guest's luggage 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 in the case of Paragraph 2.

Article 17 (Liability for Parking)

The hotel shall not be responsible for the safekeeping of the guest's vehicle when the guest utilizes the parking lot on 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 any damage caused through an intentional action or negligence on the part of the hotel in regard to the management of the parking lot.

2
The hotel shall not be liable for a theft, loss, or breakage of a vehicle, its accessories, or its load on affiliated parking lots that are not managed by the hotel.

Article18 (Liability of the Guest)

The guest shall compensate the hotel for any damage caused by the guest, either intentionally or through negligence.

Article 19 (Changes to the Terms and Conditions)

These Terms and Conditions and Hotel Regulations (“Terms and Conditions”) fall under the category of standard form contract stipulated under Paragraph 1 of Article 548-2 of the Civil Code of Japan, and these Terms and Conditions may be changed by the hotel at its discretion in the following cases.

1. When change of the Terms and Conditions comforts with the general interest of the guests.
2. Change of the Terms and Conditions is not contrary to the purpose for which the parties have entered into the contract and is reasonable in view of its necessity, reasonability of content after the change, and other circumstances of the change.

2
Changes to these Terms and Conditions in accordance with the preceding paragraph shall be made by posting a notification of the changes, content of the changes and the effective date on the company’s designated website instead of notifying and explaining individually one month in advance of the effective date.

3
When the guest uses a service of the hotel in accordance with the Terms and Conditions after the effective date of the changed Terms and Conditions, it is deemed that the guest has agreed to the change of the Terms and Conditions.

Article 20 (Jurisdiction and Governing Law)

Any disputes arising out of or relating to the accommodation contract between the guest and the hotel shall be subject to the exclusive jurisdiction of the Tokyo District Court of Japan or Tokyo Summary Court of Japan as the competent court of first instance.

2
The accommodation contract between the guest and the hotel shall be governed by and construed in accordance with the laws of Japan.

3
When the accommodation contract is drafted in multiple languages and there is any discrepancy, conflict or other inconsistency among these texts, the contents of the Japanese text shall prevail.

Schedule 1 Breakdown of Accommodation Charges (Ref: Article 2 Paragraph 1 and Article 12 Paragraph 1)

Remarks:

The basic accommodation charge is indicated at the front desk and in the brochure.
When tax laws are amended, new provisions shall govern.

Schedule 2: Cancellation Charges (Ref: Article 6)

(NOTE)

1. “%” is the ratio of the cancellation fee to the basic accommodation charge.
2. Cancellation charges may be different from the aforementioned depending on which plan is booked or which travel agency is used.

Revised on: 19 April, 2024
HIYORI HOTEL OSAKA NAMBA STATION