Terms and Conditions of Accommodation Contract

SCOPE OF APPLICATION

Article 1

1

Contracts for Accommodation and related agreements to be entered into between this Hotel and a Guest to be accommodated shall be subject to the terms and conditions stipulated herein. Any particulars not provided for herein shall be governed by laws and regulations, etc. (meaning laws and regulations and that based on laws and regulations, and the same applies hereinafter) and/or generally accepted practices.

2

Notwithstanding and without prejudice to the stipulations of the preceding Paragraph, in a case when the Hotel enters into a special contract with a Guest, insofar as such special contract does not violate laws and regulations, etc. and generally accepted practices, the special contract shall take precedence over the provisions of these terms and conditions.

APPLICATION FOR ACCOMMODATION CONTRACT

Article 2

1

A Guest who intends to make an application for an Accommodation Contract (hereinafter called a "Reservation") with the Hotel shall notify the Hotel of the following particulars:
(1) Name(s) of the Guest(s)
(2) Date(s) of accommodation
(3) Applicant's name, telephone number and address
(4) Other particulars deemed necessary by the Hotel

2

In a case whereby a Guest requests, during the stay, extension of the accommodation beyond the dates in Item (2) of the preceding Paragraph, it shall be regarded as making a new Reservation at the time such request is made.

RESERVATION FOR ACCOMMODATION CONTRACT

Article 3

1

The Hotel accepts Reservation by the internet, telephone, facsimile. The Contract for Accommodation has not been confirmed upon acceptance of the Reservation. The Guest who has made Reservation by communication media is requested to make a reservation deposit payment by the time specified in the Article 4 of the Terms of Contract for Accommodation after the Hotel notifies the Guest of confirmation of the Reservation.

2

A Guest who intends to make a Reservation with the Hotel shall notify the Hotel of the following particulars:
(1) Name(s) of the Guest(s);
(2) Date(s) of accommodation and estimated time of arrival
(3) a. Applicant's name, telephone number and address;
b. Name of the person who is to pay the accommodation charges and his/her contact
(4) Other particulars deemed necessary by the Hotel

PAYMENT OF APPLICATION DEPOSIT

Article 4

1

A Guest desirous of making a Reservation in accordance with in the preceding Article shall be obligated to a make a reservation deposit payment in the amount of JPY 15,000 by the payment method designated by the Hotel within 10 calendar days from the day following the day of making a Reservation. In addition to the foregoing, in the event of the day of stay falling within 21 days after the day of making a Reservation, payment method shall be limited to payment by credit card. Any bank charges arising with respect to payment stipulated herein shall be borne by the Guest.

2

JPY 15,000 reservation deposit money stipulated in the preceding Paragraph shall also apply to a Reservation for a stay over a number of consecutive days.

3

Reservation deposit money shall be applied against the amount a Guest is required to settle upon conclusion of stay. In the event of a situation stipulated in Article 9 or Article 21 arising, deposit money shall be applied first against cancellation charge, then against compensation for any damages and if there should be any balance remaining, such remaining balance shall be refunded at the time of payment for accommodation charges as stipulated in Article 15.

CONFIRMATION OF ACCOMMODATION CONTRACT, ETC

Article 5

1

An accommodation contract shall be deemed to have been confirmed when the Hotel confirms the reservation stipulated in Article 2 or confirms the payment of reservation deposit money stipulated in Article 4 and notify the Guest of receipt of deposit. The order of confirmation of accommodation contract shall be determined in accordance with the order of acceptance of Reservation as stipulated in Article 3 hereinabove.

2

In the event a Guest failing to make payment of the reservation deposit money by the time specified in Article 4 Paragraph 1 hereinabove, the Hotel shall deem that no Reservation had been made.

3

The Hotel shall not be able to accommodate any requests by the Guest to change the dates for stay after a Reservation had been confirmed. In the event of a Guest requiring to change the dates for stay for reasons of the Guest, the Hotel shall first cancel the original accommodation contract in accordance with the provisions of Article 9 and the Guest shall be required to make a new Reservation.

4

In case the Hotel mistakenly indicates an incorrect accommodation rate on an online reservation service site, etc., or quotes an incorrect accommodation rate over the phone, and the Hotel confirms the Guest’s application for an Accommodation Contract reservation based on the said incorrect accommodation rate, if the said rate is significantly lower, namely an amount equal to or less than 30% of the Hotel’s rack rate, and unless the rate is indicated or quoted as a “seasonal special rate” or “limited discount rate”, we may notify the Guest to the effect that the confirmed reservation based on the said rate and the Accommodation Contract based thereon, shall be canceled for constituting a “juristic act based on a mistake” as set forth under Article 95 of the Civil Code. In such case, the said Accommodation Contract and reservation shall be canceled when the Guest who applied for the Accommodation Contract reservation receives the said notice.

SPECIAL CONTRACTS REQUIRING NO RESERVATION DEPOSIT MONEY

Article 6

Notwithstanding and without prejudice to the provisions of Article 4, the Hotel may enter into a special contract requiring no reservation deposit money payment after making a Reservation.

REQUEST FOR COOPERATION WITH MEASURES TO PREVENT THE SPREAD OF INFECTION AT FACILITIES

Article 7

The Hotel may request cooperation from a Guest seeking accommodations in accordance with the provisions of Article 4-2, Paragraph 1 of the Hotel Business Act (Act No. 138 of 1948).

REFUSAL OF CONFIRMING ACCOMMODATION CONTRACT

Article 8

If any one of the following conditions applies, the Hotel may refuse to confirm an accommodation contract: However, this Paragraph does not mean that the Hotel shall refuse accommodations other than cases listed in Article 5 of the Hotel Business Act.

(1) When an 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 a Guest seeking accommodations is deemed liable to behave in a manner that will contravene the laws or requests from the Government or act against the public order or good morals in using the Hotel;

(4) When any one of the following conditions applies to a Guest seeking accommodations:

(i) Designated organized crime group and a member of a designated organized crime group or related thereto, or other antisocial forces (hereinafter collectively called "Organized Crime Group") under the Act on Prevention of Unjust Acts by Organized Crime Group Members (1991 Law No. 77);

(ii) Corporate entity or other forms of organization whose business activities are controlled by an Organized Crime Group or a member thereof;

(iii) Corporate entity having a member of an Organized Crime Group serving on its board of directors or a member thereof.

(5) When a Guest seeking accommodations is a patient, etc. with a specified infectious disease provided for in Article 4-2, Paragraph 1, Item (2) of the Hotel Business Act (hereinafter referred to as a “Patient, etc. with a Specified Infectious Disease”);

(6) When a violent demand or a burden exceeding a reasonable scope is demanded with regard to accommodations (except when a Guest seeking accommodations seeks to eliminate a social barrier in accordance with the provisions of Article 7, Paragraph 2 or Article 8, Paragraph 2 of the Act for Eliminating Discrimination against Persons with Disabilities (Act No. 65 of 2013; hereinafter referred to as “Act for Eliminating Discrimination against Persons with Disabilities”));

(7) When a Guest seeking accommodations repeatedly makes a request to the Hotel set forth in Article 5-6 of the Ordinance for Enforcement of the Hotel Business Act that is so burdensome it may seriously impede the provision of accommodation-related services to other guests;

(8) When the Hotel is unable to provide accommodations due to natural climatic conditions, dysfunction of its facilities and/or other unavoidable causes;

(9) When a person requesting Hotel accommodations is obviously intoxicated and could cause annoyance to other guests or when a Guest is behaving in such a manner as to be an unusual annoyance to other guests (Article 16 of Chiba Prefecture Ordinance for Enforcement of the Hotel Business Act).

(10) When the person who has made reservation is found to have hidden his/her commercial intention to resell it to the third party.

(11) When the person who has made reservation on Tokyo Disney Resort Online Reservation & Tickets service is found to have used a third party’s 「MyDisney」(Account) , or when we reasonably determine that there is may be a risk of such a situation.

2

A Guest seeking accommodations may request that the Hotel explain the reasons if the Hotel refuses to confirm an Accommodation Contract in accordance with the preceding Paragraph.

RIGHT TO CANCEL ACCOMMODATION CONTRACT BY A GUEST

Article 9

1

A Guest is entitled to cancel an Accommodation Contract by so notifying the Hotel.

2

In a case when a Guest cancels an Accommodation Contract in whole or in part due to a cause(s) for which the Guest is liable (except in a case where the Hotel had specified a period in which the Guest is to pay the reservation deposit money in accordance with the provisions of Article 4, Paragraph 1 and the Guest cancels prior to making such payment), cancellation charges as listed in the Attached Table 2 shall become payable by the Guest.

3

In a case when a Guest fails to arrive at the Hotel by 8 P.M. of the accommodation date (or 2 hours after the expected time of arrival if the Hotel had been informed in advance thereof) without the Guest contacting the Hotel, the Hotel may regard the Accommodation Contract as being canceled by the Guest and proceed to take the necessary procedures.

RIGHT TO CANCEL ACCOMMODATION CONTRACTS BY THE HOTEL

Article 10

1

If any one of the following conditions applies , the Hotel may cancel the Accommodation Contract.
However, this Paragraph does not mean that the Hotel shall cancel the Accommodation Contract other than cases listed in Article 5 of the Hotel Business Act.

(1) When the Guest is deemed liable to conduct or is found to have conducted himself in a manner that will contravene the laws or requests from the Government or act against the public order and good morals in regard to his accommodation;

(2) If one of the following applies to the person applying to the Accommodation Contract or related contracts or to the person who will use the hotel:
(i) Organized Crime Group;
(ii) Corporate entity or other forms of organization whose business activities are controlled by an Organized Crime Group or a member thereof;
(iii) Corporate entity having a member of an Organized Crime Group serving on its board of directors or a member thereof.

(3) When a Guest is a Patient, etc. with a Specified Infectious Disease;

(4) When a violent demand or a burden exceeding a reasonable scope is demanded with regard to accommodation. (Except when a Guest seeks to eliminate a social barrier in accordance with the provisions of Article 7, Paragraph 2 or Article 8, Paragraph 2 of the Act for Eliminating Discrimination against Persons with Disabilities);

(5) When the Hotel is unable to provide accommodations due to natural climatic conditions and/or other causes of force majeure;

(6) When a Guest is obviously intoxicated and could cause annoyance to other guests or when a person is behaving in such a manner as to be an unusual annoyance to other guests (Article 16 of Chiba Prefecture Ordinance for Enforcement of the Hotel Business Act);

(7) When a Guest repeatedly makes a request to the Hotel set forth in Article 5-6 of the Ordinance for Enforcement of the Hotel Business Act that is so burdensome it may seriously impede the provision of accommodation-related services to other guests;

(8) When a Guest is found smoking in an area other than the designated smoking area or vandalizing firefighting or other equipment and systems or engaged in an act prohibited by the rules regarding use of the hotel (limited to fire prevention related stipulations) established by the Hotel;

(9) When the terms specified in Item (10) or (11) of Article 8 are found out after the Contract is confirmed.

2

In a case when the Hotel cancels an Accommodation Contract in accordance with the preceding Paragraph, the Hotel shall not charge the Guest for any services which the Guest has not yet received during the contractual period.

3

Guests may request that the Hotel explain the reasons if the Hotel cancels an Accommodation Contract in accordance with Paragraph 1 of this Article.

REGISTRATION

Article 11

1

A Guest shall register the following particulars at the Front Desk of the Hotel on the day of accommodation;

(1) Each Guest’s name, date of birth, address, contact details, previous hotel and next hotel if applicable;
(2) Nationality, passport number and copy of passport if a foreign national without a residential address in Japan;
(3) Date and estimated time of departure;
(4) Name(s) of accompanying person(s);
(5) Other particulars deemed necessary by the Hotel.

2

If a Guest intends to settle Accommodation Charges stipulated in Article 15 by any means other than Japanese currency, such as, coupon or credit card, applicable credentials shall be presented in advance at the time of the registration stipulated in the preceding Paragraph.

OCCUPANCY HOURS OF GUEST ROOMS

Article 12

1

A Guest is entitled to occupy the contracted guest room of the Hotel from 3:00 P.M. until 12:00 noon of the following day. However, in a case when a Guest is accommodated over a number of consecutive days, the Guest may occupy the room all day long, except on the days of arrival and of departure. In addition, please note that although a room is to be generally available for occupancy from 3:00 P.M., a Guest may be requested to wait beyond 3:00 P.M. before occupying the assigned room due to maintenance or some other unavoidable reasons.

2

Notwithstanding and without prejudice to the provision of the preceding Paragraph, in a case where a Guest requests advance check-in, the assigned room for such a Guest shall be available for occupancy from 4:30 P.M.

3

Notwithstanding and without prejudice to the provisions stipulated in Paragraph 1 hereinabove, the Hotel may, permit a Guest to occupy the assigned room outside the time stipulated in the same Paragraph. In this case, the following extra charges shall become payable by the Guest;
(1) Begin use before 9:00 A.M. of the day of arrival: 100 % of the room rate;
(2) Begin use between 9:00 A.M. and Noon of the day of arrival: 50 % of the room rate;
(3) Begin use between noon and 3:00 P.M. of the day of arrival: 30 % of the room rate;
(4) Extend use up to 3:00 P.M. of the day of departure: 30 % of the room rate;
(5) Extend use up to 6:00 P.M. of the day of departure: 50 % of the room rate;
(6) Extend use beyond 6:00 P.M. of the day of departure: 100 % of the room rate.

COMPLIANCE WITH THE HOUSE REGULATIONS

Article 13

A Guest of the Hotel is required to comply with the "HOUSE REGULATIONS" stipulated in the Accommodation Contract while on the premises of the Hotel.

OPERATING HOURS

Article 14

1

The information on the Hotel facilities, services and operating hours is posted at each location or available from the Service Hotline.

2

The operating hours of the Hotel facilities and services provided are subject to change without any prior notice in an event of unavoidable situation arising.

PAYMENT OF CHARGES

Article 15

1

The breakdown and method of calculation of the Accommodation Charges, etc. payable by a Guest shall be in accordance with the Attached Table 1.

2

Accommodation Charges, etc. as stated in the preceding Paragraph shall be paid with Japanese Currency or coupon or credit card acceptable to the Hotel at the Front Desk or Guest Room at the time of the departure of the Guest or upon request by the Hotel.

3

Accommodation Charges shall be payable even in the event of a Guest voluntarily forfeiting the right to utilize the accommodation facilities offered by and made available by the Hotel for use by the Guest.

LIABILITIES OF THE HOTEL

Article 16

The Hotel shall compensate a Guest for damages incurred by a Guest if the Hotel has caused such damages to the Guest in the fulfillment of or by the failure to fulfill the Accommodation Contract and/or related agreements. However, the same shall not apply in a case where such damages had been caused due to reasons for which the Hotel is not liable.

WHEN UNABLE TO PROVIDE CONTRACTED ROOM

Article 17

1

The Hotel shall, when unable to provide a contracted room to a Guest, with the consent of the Guest, arrange an alternate accommodation with the same or as practicably the same conditions elsewhere for the Guest.

2

Notwithstanding and without prejudice to the provisions of the preceding Paragraph, in the event of the Hotel not being able to provide an alternate arrangement of another accommodation to a Guest, the Hotel shall pay the Guest a compensation fee equivalent to the room rate and said compensation fee shall be applied to compensation for damages the Guest incurs thereby. However, if the Hotel cannot provide an alternate accommodation on account of causes for which the Hotel is not liable, the Hotel shall not compensate the Guest.

3

In a case a Guest recognizes that the accommodation service provided by the Hotel differs from the service included in the Accommodation Contract, the Guest shall report it to the Hotel and the Hotel shall make every possible effort to provide the service to meet the condition of the Contract.

HANDLING OF DEPOSITED ARTICLES

Article 18

1

Cash and / or valuables shall not be accepted for safekeeping by the Hotel. Please avail yourself of the complimentary safety deposit box at the room.

2

The Hotel shall compensate a Guest for damages when loss, breakage or other damage is caused to goods, cash or valuables deposited at the Guest Service Counter by the Guest, except in a case when such loss, breakage or other damages occurred due to causes of force majeure. Provided always in the event of the Guest failing to disclose the type and value of such deposited items prior to making such deposit at the request of the Hotel, the Hotel shall compensate the Guest up to a maximum total amount of 150,000 yen.

3

The Hotel shall compensate a Guest for loss, breakage or damages to any property of the Guest, including cash or valuables that the Guest had brought to the Hotel, but did not deposit at the Guest Service Counter if such loss, breakage or damages were caused intentionally or negligently by the Hotel. Provided always that in the event of the Guest failing to disclose the type and value the personal property in advance, the Hotel shall compensate the Guest for damages up to a maximum total amount of 150,000 yen, except in a case of such loss, breakage or damage arising on account of intentional or gross negligence on the part of the Hotel.

CUSTODY OF BAGGAGE AND/OR BELONGINGS OF THE GUEST

Article 19

1

When baggage of a Guest is delivered to the Hotel before actual arrival of the Guest, the Hotel shall assume responsibility for safe keeping said baggage only in a case when such a request has been accepted by the Hotel in advance of delivery of the baggage. The baggage shall be handed over to the Guest at the Guest Service Counter at the time of the Guest checking in.

2

The Hotel's liability with respect to custody of the Guest's baggage and belongings in a case of the preceding Paragraphs shall be assumed in accordance with the provisions of Paragraph 1 of the Preceding Article.

RESPONSIBILITY WITH RESPECT TO VEHICLE PARKING

Article 20

Irrespective of whether a Guest deposits the key to a vehicle with the Hotel or not, when a Guest utilizes the car parking facility of the Hotel, the Hotel is only making car parking space available and shall not be responsible for care and custody of the Guest's vehicle. Provided always that the Hotel shall compensate any damage caused to a Guest's vehicle arising from intentional or negligent management of the car parking facility by the Hotel.

LIABILITY OF A GUEST

Article 21

In the event of a Guest causing damages to the Hotel on account of intentional or negligence on the part of the Guest, the Guest shall compensate the Hotel for such damages incurred by the Hotel.

REFUSAL TO COMPLETE A CONTRACT FOR SERVICES OTHER THAN ACCOMMODATION

Article 22

The Hotel may refuse a request for services other than accommodation by a prospective Guest for any one of the following reasons:
(1) When one of the following applies to the person executing an accommodation contract or related contracts, or the to the person intending to use the hotel
(i). Fall under the category of Organized Criminal Group as stipulated in Article 8, Paragraph 1, Item (4).
(ii). Is deemed liable to conduct himself in a manner that will contravene the laws or requests from the Government or act against the public order or good morals in using the Hotel;
(2) When a Guest behaved in a manner that caused unusual inconvenience other guests staying at the Hotel;
(3) When a Guest is deemed liable to use violence, threat, blackmail or take intimidating actions against the Hotel and/or its employees or if the Hotel is requested by the Guest to assume an unreasonable burden to accommodate the Guest or deemed to have taken similar actions in the past;
(4) When the Guest is in default of terms and conditions of this Accommodation Contract (including When the Hotel determines, based on rational grounds, that the Hotel deems the Guest liable to violate this Accommodation Contract);
(5) When the Hotel determines, based on rational grounds, that the Hotel cannot permit the Guest's usage of the Hotel.
(6) When the person who has made reservation is found to have hidden his/her commercial intention to resell it to the third party.
(7) When the person who has made reservation on Tokyo Disney Resort Online Reservation & Tickets service is found to have used a third party’s 「MyDisney」(Account) .

JURISDICTION AND GOVERNING LAW

Article 23

Any and all disputes arising out of or in connection with this Contract for Accommodation between the Hotel and a Guest is governed by and construed in accordance with the laws of Japan without regard to the principles of the conflict of laws and shall submit to the exclusive agreed jurisdiction of the Tokyo District Court or Tokyo Summary Court at the first instance.

CHANGE OF TERMS AND CONDITIONS OF ACCOMMODATION CONTRACT

Article 24

1

The Hotel may change the Terms and Conditions of Accommodation Contract at its own discretion when the change meets the following conditions;
(1) The change of the Terms and Conditions of Accommodation Contract conforms to the general benefit of the Guests
(2) The change of the Terms and Conditions of Accommodation Contract does not conflict with the purpose of the Contract for Accommodation and the change is reasonable in the light of necessity to change, validity of changed articles and reasons to change.

2

The Hotel shall announce the change of the Terms and Conditions of Accommodation Contract by posting the revised Terms and Condition and the effective date on the Hotel Website (https://www.tokyodisneyresort.jp/en/hotel/dh/agreement.html) by two calendar weeks before the effective date.

3

A Guest who makes Reservation on and after the effective day of the revised Terms and Conditions of Accommodation Contract is deemed to have agreed the change of the Terms and Contract.

OTHER PROVISIONS

Article 25

The Hotel has installed fire detectors at various locations in compliance with the Fire Service Act. In an event of the system detector detecting fire or generation of smoke for other reasons, a message may be broadcasted over the in-house PA system. The Hotel shall not be liable for any damages a Guest may incur due to broadcasting of such PA message.

LANGUAGES

Article 26

These Terms of Use are written and prepared in Japanese. There Terms of Use may be translated into any other languages, including English. Should there be any discrepancies between the Japanese text and any translated text in any other language, the Japanese text shall prevail in any event.

Attached Table 1: Calculation Method for Accommodation Charges, etc. (related to Article 2, Paragraph 1 and Article 15, Paragraph 1)

Remark: In the event of enactment of a revision of tax law, revised law shall become applicable thereafter.

Attached Table 2: Cancellation Charge (Related to Article 9 Paragraph 2)

REMARKS:
1. The percentages signify the rate of cancellation charge to the Basic room rate. 2. When the number of days contracted is shortened, cancellation charge for the first day shall be paid by the Guest regardless of the number of days shortened.