General Terms & Conditions for Hotel Accommodation

Article 1 (Area of Applicability)

1. Accommodation contracts and related agreements between FP HOTELS South-Namba (hereafter referred to as the Hotel) and the Guest shall be subject to the terms and conditions set forth herein. Any particulars not stipulated herein shall be governed by prevailing laws and regulations and generally accepted practices.

2. In cases where the Hotel has entered into a special agreement with the Guest insofar as such agreement does not violate prevailing laws and regulations and generally accepted practices, the special agreement takes precedence over the provisions of the terms and conditions set forth herein, notwithstanding the provision of the preceding Paragraph.

Articles 2 (Application for Accommodation Contracts)

1. The Guest who intends to apply for accommodation services rendered by the Hotel shall notify the Hotel of the following particulars:

(1) Name of the Guest(s);

(2) Date of Stay and Estimated Time of Arrival;

(3) Accommodation Charges (based in principle on the Basic Accommodation Charges listed in Table 1 in Appendix); and

(4) Other particulars deemed necessary by the Hotel, such as residential address and contact information of the Guest(s).

2. In case when the Guest requests to extend his or her stay at the Hotel, beyond the pre-agreed date specified in Subparagraph 2 of the preceding Paragraph, it shall be regarded by the Hotel as a new accommodation contract at the time such request is made.

Article 3 (Conclusion of Accommodation Contracts)

1. An accommodation contract shall be deemed to have been concluded when the Hotel has duly accepted the application as stipulated in the preceding Article. The same shall not apply to the case where it has been proved that the Hotel has determined not to accept the application.

2. Once an accommodation contract has been concluded in accordance with the provisions of the preceding paragraph, the Guest shall pay for either total accommodation charges for entire duration of his or her stay at the Hotel or deposits set by the Hotel not later than the beginning of his or her stay at the Hotel or the date specified by the Hotel.

3. The deposits shall be first used to settle the total accommodation charges incurred by the Guest, then secondly to compensate for cancellation and indemnity if applicable under Article 6 or Article 18, and the remaining overpaid balance, if any, shall be refunded to the Guest at the time of payment for accommodation as stated in Article 12.

4. In case when the following Subparagraphs apply, the accommodation contract made by the Guest ceases to be effective as if the Guest has applied for an accommodation with his or her intention to not stay at the Hotel.

(1) When the Guest fails to pay for accommodation charges or deposits applicable under Paragraph 2 not later than his or her stay at the Hotel or the date specified by the Hotel.

(2) When the Hotel has been unable to receive any contacts from the Guest within 10 calendar days, including the day when the Hotel had made the first attempt to contact the Guest (or prior to 3pm on the first day of the stay if the stay starts within the 10-day period), although the Hotel had attempted to contact the Guest(s) based on contact information received in accordance to Paragraph 1 of the preceding Article.

(3) An attempt of the Hotel to contact the Guest has been rejected.

5. Accommodation charges received by the Hotel may not be refunded to the Guest if Subparagraph 2 and 3 of the preceding Paragraph apply

Article 4 (Waiver of Deposit Requirement due to Special Agreement)

1. Notwithstanding the provision of Paragraph 2 of the preceding Article, the Hotel may enter into a special agreement which waives deposit requirement from the Guest after the accommodation contract has been concluded as stipulated in the same Article.

2. In case when the Hotel has not requested for the deposit payment from the Guest as prescribed in Paragraph 2 of the preceding Article or has not specified the date of such payment at the time when the application for an accommodation contract has been accepted, it shall be treated as if the Hotel has accepted the special agreement prescribed in the preceding Paragraph

Article 5 (Refusal of Accommodation Contracts)

1. The Hotel reserves the right to refuse the conclusion of an accommodation contract under any of the following circumstances:

(1) When the application for an accommodation contract does not conform to the terms and conditions set forth herein;

(2) When the rooms are fully booked and there is no vacancy;

(3) When the Hotel deems the person seeking accommodation does not follow prevailing laws and regulations, public order, good morals;

(4) When the person seeking accommodation is deemed to fall under the following (a) through (c):

(a) An organized crime group (defined under Article 2-6 of Law on Preventing Unreasonable Conduct by Organized Crime Groups from Code 77 issued in 1991), members of an organized crime group (defined under Article 2-2 of said Law), associate members or affiliates of an organized crime group or other anti-social groups;

(b) When the business activities of a company and other organizations are controlled by an organized crime group or its member; and

(c) A corporation whose executives include those deemed to be a member of an organized crime group.

(5) When the person seeking accommodation causes considerable troubles to the Hotel staff and/or other hotel guests through his or her words or actions;

(6) When the person seeking accommodation can be clearly identified as carrying an infectious disease;

(7) When the person seeking accommodation violently threatened or unreasonably burdened the Hotel;

(8) When the Hotel is unable to provide accommodation to the Guest due to natural calamities, malfunction of facilities, and other unavoidable causes;

(9) When the person seeking accommodation is intoxicated and behaves in a manner that causes nuisances to other hotel guests and hinders the operations of the Hotel;

(10) When the person seeking accommodation can be clearly identified as carrying mental illness

(11) When the person seeking accommodation is an under-aged person staying without the consent of his or her guardian.

(12) When the person seeking accommodation applies for an accommodation contract with an intention to transfer the right to stay at the Hotel to other individuals

(13) When the person seeking accommodation has a clear intention not to stay at the Hotel

(14) When the reason to refuse the person seeking accommodation can fall under any sections of ordinances

Article 6 (The Right of The Guest to Cancel Accommodation Contract)

1. The Guest is entitled to cancel an accommodation contract by so notifying the Hotel

2. The Guest shall pay cancellation charges in entirety or in part, as prescribed in Table 2 in Appendix, when the reason for cancellation falls under Paragraph 1

3. In case the Guest does not show up by 11pm (or arrival time specified in advance), the accommodation contract may be regarded as canceled by the Guest.

Article 7 (The Right of the Hotel to Cancel Accommodation Contract)

1. The Hotel reserves the right to cancel an accommodation contract under the following circumstances:

(1) When the Guest is deemed likely to conduct or have conducted in a manner which contravenes prevailing laws and regulations, public order, or good morals with regards to his or her accommodation

(2) When the Guest is deemed to fall under the following (a) through (c):

(a) An organized crime group, a member of an organized crime group, an associate member or affiliates of an organized crime group or other anti-social groups;

(b) When the business activities of a company and other organizations are controlled by an organized crime group or its member; and

(c) A corporation whose executives include those deemed to be a member of an organized crime group.

(3) When the Guest causes considerable troubles to other hotel guests through his or her words or actions;

(4) When the Guest can be clearly identified as carrying an infectious disease;

(5) When the Hotel is violently threatened or unreasonably burdened by the Guest;

(6) When the Hotel is unable to provide accommodation to the Guest due to unavoidable causes like natural calamities;

(7) When the Guest does not conform to prohibitive clauses, such as smoking in the hotel room and misuse of devices designed for prevention of fire and other disasters;

(8) When the Guest is deemed likely to transfer or have transferred the right to stay at the Hotel to other individuals

(9) When the Guest violates the terms and conditions set forth herein and the Terms of Use for the Hotel

(10) When the reason for the Hotel to refuse the Guest can fall under any sections of ordinances

2. The notification from the Hotel to the Guest about cancelation of the Hotel accommodation contract for the reasons listed in the preceding Paragraph may be done in person, by phone, by email, or by postal mail (as per information obtained based on Article 2). In case when such notification is not received by the contact obtained based on Article 2, the Hotel may regard such circumstance as if Paragraph 4 of Article 3 applies and the Guest had received such notification after the duration of time normally taken for such notification to reach to the Guest.

3. The Hotel is unable to refund accommodation charges to the Guest when the Hotel cancels an accommodation contract due to the reasons listed in the previous two Paragraphs, expect for cases where Subparagraph 4 and 6 of Paragraph 1 apply.

Article 8 (Registration of Personal Details of the Guest)

1. The Guest shall register the following information at the front desk of the Hotel on the first day of his or her stay:

(1) Name, age, sex, address, and occupation of the Guest

(2) Nationality, passport number, date of entry to Japan in case of non-Japanese guests

(3) Date of departure

(4) Other information deemed necessary by the Hotel

2. In case where the Guest intends to pay an accommodation charge listed in Article 12 by a non-cash payment method such as credit card, the payment information of the Guest shall be provided to the Hotel in advance at the time of registration prescribed in the preceding Paragraph.

Article 9 (Occupancy Hours of Guest Rooms)

1. The Guest is entitled to occupy the assigned guest room from 3pm until 11am on the next day. However, in case when the Guest stays more than one night consecutively, the guest is entitled to occupy the room all day long, except for the dates of arrival and departure.

2. Notwithstanding the provision of the preceding Paragraph, the Hotel may permit the Guest to occupy the room beyond the time prescribed in preceding Paragraph. In such case, extra charges shall be levied to the Guest as follows:

(1) Up to extra 3 hours (1/3 of one night room charge)

(2) Up to extra 6 hours (1/2 of one night room charge)

(3) More than extra 6 hours (one night room charge)

Article 10 (Observance of Terms of Use)

1. The Guest shall abide by Terms of Use determined by the Hotel, which are posted within the premises of the Hotel.

Article 11 (Operating Hours)

1. The operating hours of facilities in the Hotel shall be in accordance with ones specified by brochures placed in the Hotel, notices displayed in each facility of the Hotel, and service directories found in the guest rooms and other spaces.

(1) Front desk hours: 24 hours

(2) Opening hours of Hotel Facilities:

(a) Breakfast: 7am to 10am

2. The Hotel may temporarily change the time prescribed in the preceding Paragraph if deemed necessary. In such case, the Hotel will inform the Guest by appropriate means of communication.

Article 12 (Payment of Accommodation Charges)

1. The breakdown of accommodation charges is listed as per Table 1 of Appendix.

2. Accommodation charges prescribed by the preceding Paragraph shall be paid in cash or by credit card acceptable to the Hotel, other acceptable methods, at the front desk at the time of arrival of the Guest or upon request by the Hotel.

3. Accommodation charges shall be paid even in cases when the Guest does not occupy the assigned room at his or her discretion after the Hotel has offered the available room to the Guest.

Article 13 (Liabilities of the Hotel)

The Hotel shall compensate the Guest for damages caused by the Hotel, regardless of whether or not an accommodation contract or its related agreement has been fulfilled by the Hotel and the Guest. Except for damages caused by the Hotel intentionally or by gross negligence on the part of the Hotel, the total compensation for such damages is capped at 100,000 yen.

Article 14 (Hotel Responses in Case of Not Being Able to Provide the Contracted Room)

1. When the Hotel is unable to provide the room to the Guest, the Hotel, with the consent from the Guest, shall secure a room in a similar standard hotel as the Hotel on a best effort basis.

2. Notwithstanding the provision of the preceding Paragraph, when the Hotel is unable to secure a room in other hotels, the Hotel shall compensate the Guest by the amount equivalent to indemnity charges, which shall be applied as reparations. However, if the reason of not being able to provide the room is not attributable to the Hotel, the Hotel is unable to compensate the Guest.

Article 15 (Handling of Items Deposited by the Guest)

1. The Hotel shall compensate the Guest when loss, breakage or other type of damages is caused to goods, cash, or valuables deposited at the front desk by the Guest, except when this has occurred due to unavoidable causes. However, for any items of which type and value has not reported in advance by the Guest, the Hotel shall compensate the Guest with the amount no more than 50,000 yen, except for cases when this has occurred intentionally or by gross negligence on the part of the Hotel.

2. For goods, cash, or valuables brought into the Hotel but not deposited at the Front Desk, the Hotel shall compensate the Guest when this has occurred for causes attributable to the Hotel. However, for any items of which type and value has not reported in advance by the Guest, the Hotel shall compensate the Guest with the amount no more than 50,000 yen, except for cases when this has occurred intentionally or by gross negligence on the part of the Hotel.

Article 16 (Custody of Belongings and Baggage of the Guest)

1. When the baggage of the Guest is brought into the Hotel before his or her arrival, the Hotel shall be liable to retain it only in case when the Hotel has accepted such request. The baggage shall be handed over to the Guest at the front desk at the time of his or her check-in.

2. When the belonging and the baggage of the Guest is found at the Hotel after his or her checkout, the Hotel shall contact the owner of such item for instructions. When no instruction is given by the owner of the item to Hotel or when the ownership is not confirmed by the Hotel, the Hotel shall retain the item for 7 calendar days, including the day it is found, and after this retention period, the Hotel shall hand it over to the nearest police station.

3. In order to make appropriate judgment on how to treat the belonging and the baggage left by the Guest at the Hotel, the Hotel is entitled to check inside the belonging and the baggage, if deemed necessary. The Hotel may return such belonging and baggage to the Guest or follow the procedure prescribed in the preceding Paragraph. The Guest is not entitled to make any objection to the Hotel with regards to such judgment made by the Hotel.

4. In cases where Paragraph 1 and 2 apply, the liabilities of the Hotel to keep custody of belongings and baggage of the Guest are capped at 10,000 yen, except for cases when this has occurred intentionally or by gross negligence on the part of the Hotel.

Article 17 (Parking)

The Hotel does not offer any parking spaces for the Guest.

Article 18 (The Liabilities of the Guest)

If the Hotel incurs losses, including but not limited to cleaning costs, repair costs, sales opportunities foregone, due to violation of terms and conditions set forth herein or Terms of Use on the part of the Guest, the Guest shall compensate the Hotel for such loss events.

Article 19 (Cleaning of Guest Rooms)

1. If the Guest stays at the same room for 2 nights or more, the Hotel staff cleans the room daily in principle.

2. Even in cases when the Guest requests not to clean the room, the Hotel has obligations to clean the room at least once for every three days of his or her stay due to rules inferred from laws and regulations in Japan. Also, the Hotel is entitled to clean the room at its discretion, if deemed necessary.

3. With regards to cases when the preceding Paragraph applies, the Guest is not entitled to make any objection to the Hotel.

Article 20 (Revision of General Terms and Conditions for Hotel Accommodation)

1. The Hotel reserve the right to revise the terms and conditions set forth herein at its discretion, if deemed necessary.

2. If the terms and conditions are revised, the Hotel shall release the revised contents of the terms and conditions and the revision date on the website or inside the guest rooms.

Article 21 (Legal Effectiveness of Japanese version of General Terms and Conditions for Hotel Accommodation)

1. Although an non-Japanese version of the terms and conditions set forth herein may be distributed to the Guest, application and interpretation of the Japanese version takes precedence over that of the non-Japanese versions in cases where there is a discrepancy in contents between Japanese and non-Japanese versions.

Article 22 (Applicable Law and Agreed Juridical Court)

1. The terms and conditions set forth herein conform to Japanese laws and are written based on interpretations of Japanese laws.

2. Any disputes between the Hotel and the Guest shall be brought to either the Osaka District Court or the Osaka Summary Court as the first instance of exclusive jurisdiction of the courts, depending on the amount in dispute.


Table 1: Breakdown of Accommodation Charges and Other Fees (regarding Paragraph 1 of Article 2 and Paragraph 1 of Article 12)

Types of Charges to be incurred by the Guest
Accommodation Charges
(1) Basic Accommodation Charge (Room Charge + Meal Charge, incl. Breakfast)
(2) Service Charge(10% of Basic Accommodation Charge)

Extra Charges
(3) Extra Meal Charge (excl. meal included in Basic Accommodation Charge)
(4) Service Charge(10% of Extra Meal Charge)

Taxes
a. Consumption Tax
b. Accommodation Tax
c. Other Tax

Note:
1. Room and Breakfast charge for infants (less than 3 year old) are free only if they sleep with their accompanying guests in the same room.
2. Room charge for children (less than 12 years old) is free in cases where they sleep with their accompanying guests in the same room. However, if the Hotel provided them a child with the same bed as an adult, a room charge will also be the same as an adult. Breakfast charge for a child is the half of the charge for an adult.


Table 2: Indemnity Charges (regarding Paragraph 2 of Article 6)

Group
Date of notification of contract cancellation
No Show 100%
Same Day 100%
One Day in Advance 80%
Two Days in Advance 30%
Three Days in Advance 20%
Four Days in Advance 10%
Fourteen Days in Advance 10%

Individual
Date of notification of contract cancellation
No Show 100%
Same Day 100%
One Day in Advance 80%
Two Days in Advance 20%
Three Days in Advance 0%
Four Days in Advance 0%
Fourteen Days in Advance 0%

Note:
1. The percentage represents a ratio of indemnity charge to basic accommodation charges.
2. If the Guest reduces the number of nights, one night room charge (equivalent to 1st night) will be incurred by the Guest regardless of the number of nights reduced by the Guest.



Terms of Use

In order for the Guest to stay comfortably and safely at the Hotel, FP Hotels South-Namba (hereafter referred to as the Hotel) requires the Guest to follow the Terms of Use in accordance with Article 10 of the General Terms and Conditions for Hotel Accommodation. If the Guest does not follow the Terms of Use, the Hotel may determine to cancel an accommodation contract with the Guest at its discretion in accordance with Subparagraph 9 of Paragraph 1 of Article 7 of the General Terms and Conditions for Hotel Accommodation. If any disputes arise as a result of non-conformance of the Guest to the Terms of Use, the Guest shall acknowledge that the Hotel take no responsibility over such disputes.

1. Please report types and prices of valuables and deposit them at Front Desk. However, the Hotel shall not accept the following items:

(1) Valuable goods and monetary instruments worth more than 500,000 yen

(2) Data storage devices, including but not limited to Personal Computer and Mobile Phone

(3) Articles containing personal information (client contact information)

2. In principle, the room shall be used for the contracted number of guests. If the Hotel finds the room is occupied by guests in excess of the contracted number without any prior notice, the Hotel shall charge the Guest for the amount chargeable for the additional number of guests.

3. The Hotel prohibits the Guest from taking the following articles into its premises:

(1) Animals, Birds (except for service dogs)

(2) Guns, Knives, Narcotics, and any articles prohibited by laws and regulations

(3) Inflammable particles, volatile oil, and any materials harmful to human bodies

(4) Articles in extremely heavy volume or large quantity

(5) Articles with stinking odors

(6) Articles in disturbance of hygiene, safety, and ambience of the Hotel

(7) Other articles the Hotel prohibits the Guest from taking to its premises

4. The Hotel prohibits the Guest from taking the following conducts:

(1) Smoking within the premises of the Hotel

(2) Quarrels, diffusion of stinking gas, and other conducts which annoy and disgust third-party guests

(3) Any conducts against public order and moral

(4) Distribution of brochures and other types of advertising materials to other guests

(5) Any conducts to move, modify, remove, and use the facilities and articles owned by the Hotel against their original purposes

(6) Keeping personal belongings unattended outside the Guest room

(7) Entering facilities inaccessible to the Guest

(8) Conducting for-profit activities in the Hotel

(9) Any conducts in disturbance of hygiene, safety, and ambience of the Hotel

5. Although a non-Japanese version of the Terms of Use may be distributed to the Guest, application and interpretation of the Japanese version takes precedence over that of the non-Japanese versions in cases where there is a discrepancy in contents between Japanese and non-Japanese versions.