Blue Sky Guesthouse in KUMANO HONGU
Terms & Conditions -Blue Sky Guesthouse-
17 July 2009
rev. 16 June 2011
rev. 11 February 2012
rev. 1 February 2017
Article1. Scope of Application
1. Contracts for Accommodation and related agreements to be entered into between this Hotel and Guest to be accommodated shall be subject to these Terms & Conditions. Any particular not provided for herein shall be governed by laws and regulations, and / or generally accepted practices.
2. In the case where the Hotel has entered into a special contract with the Guest insofar as such special contract does not violate laws and regulations and generally accepted practices, notwithstanding the preceding Paragraph, the special contract shall take precedence over the provisions of these Terms & Conditions.
Article2. Application for Accommodation Contracts
1. A Guest who intends to make an application for an Accommodation Contract with the Hotel shall notify the Hotel of the following particulars.
(1) Name of the Guest(s);
(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 No.1); and
(4) Other particulars deemed necessary by the Hotel.
2. In the case where the Guest requests, during his / her stay, an extension of the accommodation beyond the date(s) in subparagraph (2) of the preceding Paragraph, it shall be regarded as an application for a new Accommodation Contract at the time such request is made.
Article3. Conclusion of Accommodation Contract and related agreement
1. A Contract for Accommodation shall be deemed to have been concluded when the Hotel has dully accepted the application as stipulated in the preceding Article. However, the same shall not apply when it has been proven 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 fixed by the Hotel within the limits of the Basic Accommodation Charges covering the Guest's entire period of stay (3 days when period of stay exceeds 3 days) by the date specified by the Hotel.
3. The deposit shall be first allotted for the Total Accommodation Charges to be paid by the Guest, then secondly for the cancellation charges under Article 6 and thirdly for the reparations under Article 18 as applicable, and the remainder, if any, shall be refunded 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 as stipulated in Paragraph 2, the Hotel shall treat the Accommodation Contract as invalid. However, the same shall apply in the case where the Guest is thus informed by the Hotel when the period of payment of the deposit is specified.
Article4. Special Contracts Requiring No Accommodation Deposit
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 Contract has been concluded as stipulated in the same Paragraph.
2. In the case where 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 treated as having accepted a special contract prescribed in the preceding Paragraph.
Article5. Refusal of Accommodation Contracts
1. 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 confirm to provisions of these Terms and Conditions
(2) When the Hotel is fully booked and no room is available
(3) When the Guest seeking accommodation is deemed liable to conduct himself / herself in a manner that will contravene the laws or act against the public order or good morals in regard to his / her accommodation
(4) When the Guest seeking accommodation is deemed to be a member of or be linked to a crime syndicate, organized crime groups or any antisocial organizations.
(5) When the Guest seeking accommodation can be detected as a corporation or other groups of which business activities are under control of a crime syndicate or organized crime groups.
(6) When the Guest seeking accommodation is a corporate company which its director is proven to be a member of an organized crime syndicate.
(7) When the Guest seeking accommodation has used violence in making demands of the accommodation facilities or its employees, or has requested the Hotel to assume an unreasonable burden.
(8) When the Guest seeking accommodation can be clearly detected as carrying an infectious disease;
(9) When the Hotel is unable to provide accommodation due to natural calamities, malsfunction of the facilities and /or other unavoidable causes; or
(10) When the Guest seeking accommodation deemed liable to behave in a manner that will trouble other Guests of this Hotel or behaves in such a manner, due to intoxications or other causes (When the provisions of Article 5 of the Enforcement Ordinance for the Wakayama Prefectual Hotel Business Law is applicable)
(11) When the Guest seeking accommodation is liable to constitute a nuisance to other Guests because of conspicuously unclean personal appearance or clothing; or
(12) When it is proven that the Guest seeking accommodation has no financial ability to compensate for the services.
(13) When it is feared that the Guest seeking accommodation is carrying hazardous articles, prohibited items and others alike which may cause disturbance to other Hotel guests.
Article6. Right to cancel Accommodation Contracts by the Guest
1. The Guest is entitled to cancel the Accommodation Contracts by notifying the Hotel.
2. In the case where 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 where 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 the Attached Table No.2.
3. In the case where 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 of it) without an advance notice, the Hotel may regard the Accommodation Contract as being cancelled by the Guest.
Article7. Right to Cancel Accommodation Contracts by the Hotel
1. The Hotel may cancel the Accommodation Contract under any of following cases;
(1) When the Guest is deemed liable to conduct and / or has conducted himself / herself in a manner that will contravene the laws or act against the public order and good morals in regard to his / her accommodation;
(2) When a guest can be clearly detected as carrying an infectious disease;
(3) When the Hotel is unable to provide accommodation due to natural calamities and / or other unavoidable causes.
(4) When the Guest is deemed to be a member of or be linked to a crime syndicate, organized crime groups or any antisocial organizations.
(5) When a corporate company or an organization is detected to be under control of a crime syndicate or organized crime group(s) in its business activities.
(6) When a corporate company or an organization is proven to employ a director who is a member of an organized crime syndicate.
(7) When the Guest has used violence in making demands of the accommodation facilities or its employees, or has requested the Hotel to assume an unreasonable burden.
(8) When the Guest is deemed liable to behave in a manner that will trouble other Guests of this Hotel or behaves in such a manner, due to intoxication or other causes. (When the provisions of Article 5 of the Enforcement Ordinance for the Wakayama Prefectural Hotel Business Law is applicable); or
(9) When the Guest is liable to constitute a nuisance to other Guests because of conspicuously unclean personal appearance or clothing; or
(10) When the Guest does not observe the rules prohibiting certain actions specified under the House Regulations stipulated by the Hotel (restricted to prohibitions deemed necessary in order to prevent fires), such as smoking in bed, and mischief to the fire fighting facilities.
(11) When it is proven that the Guest has no financial ability to compensate for the services.
(12) When it is feared that the Guest is carrying hazardous articles, prohibited items and others alike which may cause disturbance to other Hotel guests.
(13) When the Guest otherwise fails to abide by the House Regulations established by the Hotel; or
(14) When the Guest does not abide by the terms and conditions of the Accommodation Contract in ways other than those indicated above.
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 which he / she has not received.
1. The Guest shall register the following particulars at the Reception of the Hotel on the day of accommodation.
(1) Name, age, sex, address and occupation of the Guest(s);
(2) Except in the case of Japanese national, nationality, passport Number, flight number and date of entry in Japan;
(3) Date and estimated time of departure; and
(4) Other particulars deemed necessary by the Hotel
2. In the case where the Guest is not Japanese national and who does not hold home address in Japan will be requested to submit a copy of their passport.
3. In the case where the Guest intends to pay his / her Accommodation Charges prescribed in Article 12 by any means other than cash in Japanese currency, such as traveler's cheques, coupons or credit cards, such means of payment shall be shown in advance at the time of the registration prescribed in the preceding Paragraph.
Article9. Occupancy Hours of Guest Rooms
1. The Guest is entitled to occupy the contracted guest room of the Hotel from 3 p.m. on the day of registration until 10 a.m. on the day of departure.
2. The Hotel may, notwithstanding the provisions prescribed in the preceding Paragraph, permit the Guest to occupy the room beyond the check out time prescribed in the same Paragraph. In this case, extra charges shall be paid as follows;
(1) Overrun of 2hours: 30% of the room charge
(2) Overrun of 5hours: 50% of the room charge
(3) Overrun of more than 5hours: 100% of the room charge
Article10. Observance of House Regulations
The Guest shall observe the House Regulations established by the Hotel, which are posted within the premises of the Hotel.
Article11. Business Hours
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 in the brochures as provided in the Hotel, notices displayed at various places, service directories in guest room, etc.
(1) Service hours of Reception and Cashier.
A. Curfew 23:00
B. Front Desk 15:00 - 23:00 and 6:30 - 10:00
(2) Service hours for dining etc.
Breakfast 6:30 - 9:00
Dining room and kitchen 15:00 - 21:00 and 6:30 - 10:00
(3) Service hours at facilities
Internet Service 15:00 - 21:00 and 7:00 - 10:00
Laundry 15:00 - 22:00 and 7:00 - 10:00
The business hours specified in the preceding Paragraph are subject to temporary changes due to unavoidable causes of the Hotel. In such a case, the Guest shall be informed by appropriate means.
Article12. Payment of Accommodation Charges
1. The breakdown of the Accommodation Charges, etc. that the Guest shall pay is as listed in the attached Table No.1.
2. Accommodation Charges, etc. as stated in the preceding Paragraph shall be paid at the Reception at the time of the Guest's departure or upon request by the Hotel in Japanese currency, other means as shall be acceptable to the Hotel such as traveler's cheques, coupons or credit cards.
3. 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.
Article13. Liabilities of the Hotel
1. The Hotel shall compensate the Guest for the damage if the Hotel 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 case where such damage has been caused due to reasons for which the Hotel is not liable.
2. The Hotel is not subject of the Fire Prevention Safety Mark (Certificate of excellence of Fire Prevention Standards, issued by the fire station) because the building of this hotel has only ground floor and our capacity is less than 30people. Otherwise the Hotel is covered by a Hotel Liability Insurance in order to deal with unexpected fires and / or other disasters.
Article14. Handling when unable to provide Contracted Rooms
1. The Hotel shall, when unable to provide contracted room(s), arrange accommodation of the same standard elsewhere for the Guest insofar as practicable with the consent of the Guest.
2. When arrangement of other accommodation cannot be made not with standing the provisions of preceding Paragraph, the Hotel shall pay the Guest a compensation fee equivalent to the cancellation charges and the compensation fee shall be applied to the reparation. However, when the Hotel cannot provide accommodations due to causes for which the Hotel is not liable, the Hotel will not pay the compensation fee to the Guest.
Article15. Liability of Hotel for Possessions of Guests
1. The Hotel shall be liable for the loss of or destruction of the possessions of guest only if such loss or destruction is the result of willful or gross negligence by the Hotel. The Hotel shall be liable to the Guest for the loss of, or damage to the possessions of the Guest for an amount limited to the Fair Market Value of such possessions or (IB%(B300,000 whichever is lower.
2. The Hotel does not keep money, negotiable instruments, jewelry, important documents and any other item which has substantial monetary value. The Hotel's Safe Deposit Boxes are available. The Hotel shall be liable to the Guest for the loss of or damage of such valuables in an amount limited to (IB%(B300,000 per period of room rental except in extreme cases.
Article16. Custody of Baggage and / or Belongings of the Guest
1. When the baggage of the Guest is brought into the Hotel before his / her arrival, the Hotel shall be liable to keep and to hand it over to the Guest at the Reception at the time of his / her check-in only if the Hotel has agreed to do so in advance.
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), then turned over to the nearest police station.
Article17. Liability in regard to Parking
When the Guest uses the parking lot, the Hotel is lending the space but not taking care of the vehicle. However, if the car is intentionally or unintentionally damaged as a result of the Hotel's management of the parking lot, the Hotel will accept liability.
Article18. Liability of the Guest
The Guest shall compensate the Hotel for any damage caused intentionally or through negligence on the part of the Guest.
Article19. Waiver for Computer Communication Services
Please be aware that Guests are liable for any use of computer communication services from within the Hotel. The Hotel can not be held liable for any possible damage that may be caused by a systems failure or any other reasons while the computer communication services are being used. In addition, the Guest may be required to compensate the Hotel and third parties for any possible damage caused by acts that we judge to be an inappropriate use of our computer communication systems.
Article20. Governing Language
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.
Article21. Jurisdiction and Applicable Laws
Litigation arising from the Terms & Conditions for Accommodation contract will be resolved in the courts in the jurisdiction of the Hotel and in accordance with Japanese law.
Total Amount to be paid by the Guest Accommodation Charge
*Basic accommodation charge= Room Charge + Breakfast
*Extra Charge = Meals(except breakfast) & Drink and Other Expenses
*Tax = Consumption Tax (calculated on (IB%(B1, fractions ignored.)
Those charges are subject to change to revisions of the Tax Laws concerned.
The above Basic Accommodation charge is based on the website : http://www.kumano-guesthouse.com/eng.html
|Date when Cancellation of Contract is Notified |
No Show = 100%
Accommodation Day = 100%
1 Day and 2 Days Prior to Accommodation Day = 50%
3 Days before of Accommodation Day = 0%
1.The percentages signify the rate of cancellation charge to the Basic Accommodation Charges.
2. When the number of days contracted is shortened, cancellation charge for the first day shall be paid by the Guest, regardless 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 occupancy (when accepted less than 10 days to the occupancy, as of days the date) with fractions counted ad a whole number.
Information relating to identifiable particular individuals among our customers and people associated with Blue Sky Guesthouse., namely personal data, is an important and indispensable asset for us.
This valuable personal data is socially required to be kept confidential and to be handled accurately and securely.
In order to meet this social requirement, Blue Sky Guesthouse appropriately protects personal data in accordance with the following basic policy based on Personal Data Protection Laws and other relevant laws and regulations.
1. Purposes of Use of Personal Data
Blue Sky Guesthouse utilizes personal data filled in or input into an application form by a customer at the times of request of accommodation reservation and when customer makes check-in, for the purposes as below. Also Blue Sky Guesthouse utilizes it to the necessary extent for arrangement and receipt of travel service provided by luggage transport service, transportation facilities and accommodation facilities as well as its communication with the customer. Besides that, Blue Sky Guesthouse utilizes personal data of a customer for the purpose of marketing analysis for development of better services in the future and its other associated companies to customers, requesting customers for comments or opinions after the travel, or providing benefit service to customers. In any case, a customer has a choice to provide Blue Sky Guesthouse with his/her personal information or not, and the customer is kindly requested to recognize and acknowledge that the customer may not be provided a product or service of Blue Sky Guesthouse, unless the customer provides us with relevant particulars of personal data which are indispensable for our service requested by the customer.
We use your personal data to complete and administer your reservation.
B. COMMINICATION with guest:
*Responding to any questions or requests you have made. We will contact you due to answering, suggestion or giving updated information for your easier and trouble-free journey.
*We will contact you with a reminder to continue with your reservation before you will stay.
*After your stay at Blue Sky Guesthouse, we may send you a mail about your experience with us.
C. TRAVEL ARRANGEMENT:
*Responding to and handling any requests you have made. We also offers guests and our travel partners (e.g. luggage storage place, restaurant, bus company, the accommodation where you will stay and so on) various means to exchange information, requests, and comments about existing travel reservations via us.
D. ACCOUNT FACILITIES:
The guests who would like to make reservation to Blue Sky Guesthouse can create a user account. We use the information you give us to administer this account, allowing you to do a number of useful things. You can manage your reservation record, make future reservations easily and manage your personal settings.
E. MARKET RESEARCH:
We sometimes ask our customers to take part in market research. Please see the information provided when you are invited to participate to understand what personal data is collected and how your personal data is used further.
F. IMPROVING our services:
We may also use personal data for analytical purposes. This is part of our drive to improve our services and enhance the user experience, but can also be used for testing purposes, troubleshooting and to improve the functionality and quality of our services. The main goal here is to optimize and customize our service to your needs, making journey in Kumano area easier and more enjoyable. We strive to only use pseudonymized data for these analytical purposes.
G. PROMOTION of a SAFE and TRUSTWORTHY service:
In order to create a trustworthy environment for you, your fellow travellers, and our partners, we may use personal data for the detection and prevention of fraud and other illegal or unwanted activities. Similarly, we may use personal data for risk assessment and security purposes, including the authentication of users and reservations. For such purposes, we may have to stop certain reservations or put on hold reservations until we have finished our assessment.
H. LEGAL PURPOSES:
Finally, in certain cases, we may need to use your information to handle and resolve legal disputes, for regulatory investigations and compliance, to enforce the terms of condition of Blue Sky Guesthouse or to comply with lawful requests from law enforcement.
Especially, Blue Sky Guesthouse asks our guest who doesn$B!G(Bt have his/her address in Japan to hand in the copy of passport, under the notifications No.0209001 and 0209004 issued by the Ministry of Health, Labour, and Welfare on February 9, 2009.
Blue Sky Guesthouse stores the personal data provided by customer at the time of request of travel arrangement in its database. Such data will be stored 5 years or until necessary for the performance of the contract, legitimate interests or to comply with legal obligations.
2. Legal bases on process the personal data
Blue Sky Guesthouse processes personal data relaying on the following legal bases: (1)Performance of contract, (2)Legitimate interests, (3)Compliance with legal obligations and (4)Consent.
Blue Sky Guesthouse processes personal data relaying on the following legal bases;
(1)Performance of a contract:
The use of customers' information may be necessary to perform the contracts that the customers have entered into with Blue Sky Guesthouse. For example, if a customer uses Blue Sky Guesthouse's services to make a reservation, we will use information provided by the customer to carry out our obligation to complete and administer that reservation.
Blue Sky Guesthouse may use the customers' information for our legitimate interests, such as to provide the customers with the best suitable content of the website and emails, to improve and promote our services and the content on Blue Sky Guesthouse's website, and for administrative, fraud detection and legal purposes.
(3)Compliance with legal obligations:
Other than as mentioned herein, we will at times have to process and disclose information about you to third parties, if we are legally obliged to do so (either directly by law or via a court order) or where we need to comply with our contractual duties to you. For instance, we may need to pass on certain information to tax accountants or public authorities under applicable tax or social security law.
Blue Sky Guesthouse may at times provide certain services and use a customer's data only with his/her consent, e.g. were a reservation is made in a third country where appropriate data protection safeguards cannot be ensured. Furthermore, Blue Sky Guesthouse requests the customer's consent for the use of a customer's personal information for marketing purposes. The customers may withdraw his/her consent at any time by contacting us at below address.
3. Provision of Personal Data
Blue Sky Guesthouse does not disclose or provide personal data provided by customers to any third parties, except with the consent of the customer from whom the data was obtained,
or when there is a legitimate other reason for such disclosure (such as legal obligations to do so).
Blue Sky Guesthouse will not disclose personal data of a customer to third parties without the consent of the customer from whom the data was obtained, except in the following cases:
(a) Protection of human life and health:
Blue Sky Guesthouse may provide personal data when the disclosure is necessary for the protection of human life, human health or property and when it is difficult to obtain the consent of the person from whom the data was obtained. In addition, Blue Sky Guesthouse may disclose it when it is particularly necessary for enhancement of public health or promotion of sound growth of children and when it is difficult to obtain the consent of the person from whom the data was obtained.
(b) Competent authorities:
Blue Sky Guesthouse will disclose personal data to law enforcement insofar as it is required by law or is strictly necessary for the prevention, detection or prosecution of criminal acts and fraud. Blue Sky Guesthouse may need to further disclose personal data to competent authorities to protect and defend our rights or properties.
(c) Third-party service providers:
Blue Sky Guesthouse may use service providers (e.g. luggage storage place, restaurant, bus company and so on) to process the customer's personal data on behalf of Blue Sky Guesthouse in order to provide its services to the customer. Third party service providers are bound by confidentiality clauses and are not allowed to use his/her personal data for other purposes. Where data is transmitted out of the EEA to a processor in a third country appropriate safeguards are in place to ensure the safety of the customers' personal data.
(e) Special provision for transfer of personal data from the EEA to third countries:
Where an individual from whom data has been collected is located in the EEA and such data will be transferred to any entity outside the EEA, Blue Sky Guesthouse will at any time ensure the safety of the personal data. In case of the absence of an adequacy decision of the European Commission, Blue Sky Guesthouse will only transfer data to third countries under the provision of appropriate safeguards required under the European General Data Protection Regulation. Blue Sky Guesthouse has entered into Standard Contract Clauses for the protection of personal data with its business partners in third countries, which at any time ensure an adequate level of protection of personal data as well as enforcement of the rights of individuals regarding their personal data. In cases where such safeguards cannot be ensured, Blue Sky Guesthouse will only share personal data after having notified the individual and retrieved consent for such transfer or where it is absolutely necessary to perform the obligations towards such individuals under the agreement with us (such as disclosure of personal data to a hotel for the purpose of booking the accommodation for the customer).
4. Procedure for disclosure of personal data
When a customer makes inquiry or request to Blue Sky Guesthouse for disclosure, deletion, correction of his / her personal data, or when a customer requests Blue Sky Guesthouse to cease using or providing the data to a third party, the customer is kindly requested to get in touch with Blue Sky Guesthouse.
We respond to the inquiry or request within a reasonable period. In case we cannot meet the request partially or wholly, we explain the reason to the customer.
When a customer makes inquiry or request to Blue Sky Guesthouse for disclosure, deletion, correction of his/her personal data, or when a customer requests Blue Sky Guesthouse to cease using or providing the data to a third party, the customer is kindly requested to get in touch with the following contact windows of Blue Sky Guesthouse. so that the customer is guided through the necessary procedure. we respond to the inquiry or request within a reasonable period in accordance with the laws and the company codes and informs the result to the customer. In case we cannot meet the request partially or wholly, we explain the reason to the customer. You can reach at email@example.com .
5. Security procedures for personal data
In order to prevent leakage, loss, or damage of it, Blue Sky Guesthouse strives to enforce safety procedures.
If there should occur any leakage, loss or damage of personal data, Blue Sky Guesthouse will immediately inform the responsible supervisory authority as well as the person from whom the data was obtained immediately to that effect and will take necessary and appropriate countermeasures and/or correcting measures.
In accordance with European data protection laws, Blue Sky Guesthouse observes reasonable procedures to prevent unauthorized access to, and the misuse of, personal data.
6. Data subjects's rights under the European Data Protection Regulation
The customers have the various rights with respect to the personal data concerning the customers. The customers also have the right to file a complaint with a data protection supervisory authority. Blue Sky Guesthouse responds without delay to request for disclosure of personal data by the person from whom the data was obtained as well as other complaints, or consultations.
Established as of July 17, 2009
Amended as of May 25, 2018