CONTRACT

●Article 1 - Scope of Application

1. Accommodation Contracts and related agreements to be entered into between Shimose A＆R Co.,Ltd, Simose Art Garden Villa (hereinafter referred to as “the Hotel”) and the Guest to be accommodated shall be subject to these Terms and Conditions. Any particulars not provided for herein shall be governed by laws and regulations and/or generally accepted practices.
2. In the case when 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 and Conditions.

●Article 2 - Application for Accommodation Contracts

1. The Guest who intends to make an application for an Accommodation Contract with the Hotel shall notify the Hotel of the following particulars:
(1) Name of the Guest(s);
(2) Date of accommodation and estimated time of arrival;
(3) Accommodation Charges (based, in principle, on the Basic Accommodation Charge listed in the Attached TableNo.1); and
(4) Other particulars deemed necessary by the Hotel.
2. In the case when the Guest requests, during his/her stay, extension of accommodation beyond the date 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.
3. In the case when the Hotel asks the Guest to submit a hotel registration form to record his/her name, address, phone number and other information, the Guest who has made an application for accommodation shall immediately submit such form even after the conclusion of an Accommodation Contract.

●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. However, the same shall not apply when it has been proved that the Hotel has not accepted the application.
2. When an Accommodation Contract has been concluded in accordance with the provisions of the preceding Paragraph, the Guest shall pay an accommodation deposit set by the Hotel within the limits of the Basic Accommodation Charge covering the Guest’s entire period of stay (3 days when the period of stay exceeds 3 days) not later than the date specified by the Hotel.
3. The deposit shall be first used for the 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 payments of the Accommodation Charges as stated in Article 12.
4. When the Guest has failed to pay the deposit by the date specified by the Hotel as stipulated in Paragraph 2, the Hotel shall treat the Accommodation Contract as invalid. However, the same shall apply only in the case where the Guest is thus informed by the Hotel when the period of payment of the deposit is specified.
5. Even in the case when an application for accommodation is made and accepted based on the incorrect Accommodation Charges offered by the Hotel through Internet websites or by phone, if such Accommodation Charges are significantly lower than those for the days around the date of accommodation, such acceptance shall be deemed to have been made by mistake under the Civil Code unless the reason why such Accommodation Charges are significantly low is given (such as a “limited” or “special” offer), and the Hotel shall treat such Accommodation Contract

●Article 4 - 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 when 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 payment of the deposit at the time an application for the Accommodation Contract has been accepted, it shall be treated as that 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 the Accommodation Contract and it may not allow the use of hotel facilities under any of the following cases:
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 the Guest seeking accommodation is deemed likely to conduct himself/herself in a manner that will contravene laws, public order or good morals in regard to his/her accommodation;
4. When those wishing to stay are deemed to fall under any of the following (a) through (c);
(a) An organized crime group as defined by Article 2, Item 2 of the Act to Prevent Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991) (hereinafter, “Criminal Gang”), members of an organized criminal group as defined by Article 2, Item 6 of said act (hereinafter, “Gang Members”), associate members or affiliates of Criminal Gangs or other such antisocial groups
(b) When the business activities of a corporation or other organizations are controlled by a Criminal Gang or Gang Members
(c) A corporation whose executives include anyone determined to be a Gang Member
5. When those wishing to stay have caused considerable trouble to other guests through their words or actions;
6. When the Guest seeking accommodation can be clearly detected as carrying an infectious disease;
7. When demands are made by violent means, or handling of unreasonable burdens is demanded in regard to a stay;
8. When the Hotel is unable to provide accommodation due to natural calamities, dysfunction of the facilities and/or other unavoidable causes;
9. When falling under any of the cases stipulated in prefectural Ordinances for Enforcement of the Hotel Business Act; or
10. When the Guest applies for accommodation, keeping dark about his/her intention to generate his/her own profit by reselling a booked room or act as an intermediary for fees in regard to the room.
11. In accordance with the above, when the Hotel determines that it is not appropriate to allow the person who intends to stay to stay.

●Article 6 - Right to Cancel Accommodation Contracts by the Guest

1. The Guest is entitled to cancel an Accommodation Contract by so notifying the Hotel.
2. In the case when the Guest has cancelled an Accommodation Contract in whole or in part due to the causes attributable to the Guest (except in the case when the Hotel has requested the payment of a 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. However, in the case when a special contract as prescribed in Paragraph 1 of Article 4 has been concluded, the same shall apply only when the Guest is informed of the obligation of payment of cancellation charges in the case of cancellation by the Guest.
3. In the case when the Guest does not appear by the time of the following Table on the date of accommodation (when the following hours have passed since the expected time of arrival if the Hotel is notified of it in advance) without an advance notice, the Hotel may regard the Accommodation Contract as being cancelled by the Guest.
Name of the Hotel : Simose Art Garden Villa
Time & Hours passed: 3:00 p.m. - 7.0 hours

●Article 7 - Right to Cancel Accommodation Contracts by the Hotel

1. The Hotel may cancel an Accommodation Contract and terms of use of hotel facilities under any of the following cases:
(1) When the Guest seeking accommodation is deemed likely to conduct, or to have conducted himself/herself in a manner that will contravene laws, public order or good morals in regard to his/her accommodation;
(2) When those wishing to stay are deemed to fall under any of the following (a) through (c);
(a) Criminal Gangs, Gang Members, associate members or affiliates of Criminal Gangs or other such antisocial groups
(b) When the business activities of a corporation or other organizations are controlled by a Criminal Gang or Gang Members
(c) A corporation whose executives include anyone determined to be a Gang Member
(3) When those wishing to stay have caused considerable trouble to other guests through their words or actions;
(4) When the Guest seeking accommodation is clearly detected as carrying an infectious disease;
(5) When demands are made by violent means, or handling of unreasonable burdens is demanded in regard to a stay;
(6) When the Hotel is unable to provide accommodation due to force majeure including natural calamities;
(7) When falling under any of the cases stipulated in prefectural Ordinances for Enforcement of the Hotel Business Act;
(8) When the Guest does not observe prohibited actions (only for the purpose of fire prevention), such as smoking in bed, mischief to fire-fighting facilities or other prohibitions under the Use Regulations stipulated by the Hotel; or
(9) When any violation under these Terms and Conditions is found.
2. In the case when the Hotel has cancelled an Accommodation Contract in accordance with the preceding Paragraph, the Hotel shall not be entitled to charge the Guest for any of the accommodation services, etc. which he/she has not received yet.

●Article 8 - Registration of Accommodation

1. The Guest shall register the following particulars at the reception desk of the Hotel on the date of accommodation:
(1) Name, age, sex, address and occupation of the Guest;
(2) Nationality, passport number, port and date of entry in Japan in the case of a non-Japanese guest who does not have an address in Japan;
(3) Date and estimated time of departure; and
(4) Other particulars deemed necessary by the Hotel
2. In the case when the Guest intends to pay his/her Accommodation Charges prescribed in Article 12 by any alternative means other than currencies, such as traveler’s cheques, coupons or credit cards, these credentials shall be shown in advance at the time of the registration prescribed in the preceding Paragraph.
3. Foreigner guest who does not have an address in Japan” is asked to write his/her name, address, occupation, etc., as well as nationality and passport number. In addition, he/she is asked to show his/her passport and its copy.

●Article 9 - Occupancy Hours of Guest Rooms

1. The Guest is entitled to occupy the contracted guest room of the Hotel during the hours shown in the following Table. However, in the case when the Guest is accommodated continuously, the Guest may occupy it all day long, except for the dates of arrival and departure.
Name of the Hotel : Simose Art Garden Villa
Date of Arrival 3:00 p.m.
Date of departure 11 a.m.
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 be paid as follows:
1 hour Excess hours (or less) 10,000 Japanese yen
2 hours Excess hours (or less) 20,000 Japanese yen

●Article 10 - Observance of Use Regulations

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

●Article 11 - Business Hours

The business hours of facilities, etc. of the Hotel shall be notified by brochures as provided, notices displayed in each place, service directories in guest rooms and others.

●Article 12 - Payment of Accommodation Charges

1. The breakdown of 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 in currencies or by other alternative means acceptable to the Hotel, such as traveler’s cheques, coupons or credit cards, at the reception desk at the time of departure of the Guest or upon request by the Hotel.
3. Accommodation Charges shall still be paid even in the case when the Guest does not stay at the Hotel at his/her discretion after the Hotel has offered a guest room and made it available for him/her to use.

●Article 13 - Liabilities of the Hotel

1. The Hotel shall compensate the Guest for damage if the Hotel has caused such damage to the Guest in the course of fulfilling or nonfulfilling of an Accommodation Contract and/or related agreements. However, the same shall not apply in the case when such damage has been caused by reasons attributable to the Hotel.
2. The Hotel is covered by comprehensive business activity insurance in order to deal with unexpected fire and/or other disasters.

●Article 14 - Handling When Unable to Provide Contracted Rooms

1. When unable to provide a contracted guest room, the Hotel shall arrange accommodation of the same standard elsewhere for the Guest insofar as practicable with the consent of the Guest. However, this does not apply if the Guest does not wish for such arrangement and wishes to find other accommodation facilities on his/her own.
2. Notwithstanding the provisions of the preceding Paragraph, when unable to arrange other accommodation, the Hotel shall pay the Guest compensation money equivalent to the cancellation charge and the compensation money shall be applied to the reparations. However, when unable to provide a guest room due to causes not attributable to the Hotel, the Hotel shall not compensate the Guest.

●Article 15 - Handling of Deposit Articles

1. The Hotel shall compensate the Guest when loss, breakage or other damage is caused to the goods, cash or valuables deposited at the reception desk by the Guest, except in the case when this has occurred due to causes of force majeure. For cash and valuables, however, when the Hotel has asked the Guest to report its kind and value but the Guest has failed to do so, the Hotel shall compensate the Guest within the limits of 100,000 yen.
2. The Hotel shall compensate the Guest when loss, breakage or other damage is caused, through intention or negligence on the part of the Hotel, to the goods, cash or valuables which are brought into the premises of the Hotel by the Guest but are not deposited at the front desk. However, for articles of which the kind and value has not been reported in advance by the Guest, the Hotel shall compensate the Guest within the limits of 30,000 yen, except in the case where loss, breakage or other damage was caused intentionally or by gross negligence on the part of the Hotel.

●Article 16 - 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 it only in the case where such request has been accepted by the Hotel. The baggage shall be handed over to the Guest at the front desk at the time of his/her check-in.
2. When the baggage or belongings of the Guest is found left after his/her checkout, the Hotel shall ask the owner of such article for instructions. When no instructions are given to the Hotel by the owner or when the ownership is not confirmed, the Hotel shall keep the article for 7 days including the day it is found, and after this period, the Hotel shall turn it over to the nearest police station.
3. The Hotel’s liability in regard to the custody of the Guest’s baggage or 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 Article in the case of Paragraph 2.

●Article 17 - Liability in regard to Parking

The Hotel shall not be liable for the custody of the vehicle of the Guest when the Guest uses the parking lot within 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 to the Hotel or not. However, the Hotel shall compensate the Guest for the damage caused through intention or negligence on the part of the Hotel in regard to the management of the parking lot.

●Article 18 - Liability of the Gueity of the Guest

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

●Article 19 - Disclaimer

The use of computer communications from inside and outside the Hotel (including, but not limited to, the use of the facility’s network and Internet connection service) shall be the responsibility of the Guest. The facility will not be held responsible for any damages incurred by the Guest, such as interruption of service due to system failure or other reasons while using computer communication, infection by computer virus, etc. In addition, in the event that damage is caused to the Hotel or a third party due to the use of computer communication by the Guest, the Guest will be required to compensate for the damage.

●Article 20 - Governing Laws and Agreed Court with Jurisdiction

Any dispute relating to an Accommodation Contract between the Hotel and the Guest shall be governed by Japanese laws and shall be referred to the district court or the summary court having jurisdiction over the location of the head office of the company that manages and operates the Hotel.

●Article 21

1. The Hotel may revise these Terms and Conditions within reasonable limits, when necessary. The revised Terms and Conditions shall apply to all guests.
2. In the event that the Hotel makes a revision to these Terms and Conditions, the Hotel shall post a notice to the effect that the Terms and Conditions shall be changed, and the contents, and date of the change within the Hotel at least one month prior to the date of the change. Alternatively, the Hotel may notify guests of this by posting it on the hotel website or in any other appropriate manner.

Attached Tables

Attached Table No.1: Breakdown of Accommodation Charges, etc.
(Ref. Paragraph 1 of Article 2, Paragraph 1 of Article 12)

Total Amount Payable by the Guest
Accommodation Charges	1.Basic Accommodation Charge
Extra Charges	2. Drinks and Other Expenses
Tax	(a)Consumption Tax (b)Area Accommodation Tax (c)Hot Spring Use Tax

Attached Table No.2: Cancellation Charges (Ref. Paragraph 2 of Article 6)

	Individual	Group / Less than 5 rooms	Group / 5 rooms or more	50 rooms or more
No Show	100%	100%	100%	100%
1 day prior to Accommodation Date	100%	80%	80%	80%
3 day prior to Accommodation Date	70%	50%	50%	80%
7 day prior to Accommodation Date	50%	20%	50%	50%
14 day prior to Accommodation Date	30%	-	20%	50%
21 day prior to Accommodation Date	20%	-	-	30%
1 month prior to Accommodation Date	-	-	-	-

[Note] 1. The percentages signify the rate of the cancellation charge to the Basic Accommodation Charge.