Terms and Conditions for Accommodation Contracts

Scope of application

Article 1

1. Contracts for Accommodation and related agreements to be entered into between this 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 regulation and/or generally accepted practices.
2. If the Hotel has entered into a special contract with the Guests, insofar as such special contract does not violate laws and regulations and generally accepted practices, notwithstanding the preceding Paragraph, the special contract shall take precedence over the provisions of these Terms and Conditions.

Application for Accommodation Contracts

Article 2

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 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);
   4. Other particulars deemed necessary by the Hotel.
2. If Guests request to extend their stay, during their stay, beyond the date in Item (2) of the preceding Paragraph, it shall be regarded as if an application for a new Accommodation Contract at the time the request is made.

Conclusion of Accommodation Contracts, etc.

Article 3

1. A Contract for Accommodation shall be deemed to have been concluded when the Hotel has duly accepted the application as stipulated in the preceding Article. However, the same shall not apply when it has been proved that the Hotel has not accepted the application.
2. When a Contract for Accommodation has been concluded in accordance with the provisions of the preceding Paragraph, the Guest is requested to pay an accommodation deposit fixed by the Hotel within the limits of the Basic Accommodation Charges covering the Guest's entire period of stay (3 days when the period of stay exceeds 3 days) by the date specified by the Hotel.
3. The deposit shall be first used for the Total Accommodation Charge to be paid by the Guest, secondly for penalty charges under Article 6 and thirdly for reparations under Article 18 as applicable. The remainder, if any, shall be refunded at the time of payment for accommodation as stated in Article 12.
4. When the Guest has failed to pay the deposit by the date stipulated in Paragraph 2 of Article 3, the Hotel shall treat the Accommodation Contract as invalid. However, the same shall apply only when the Guest is thus informed by the Hotel when the period of payment of the deposit is specified.

Special Contracts Requiring No Accommodation Deposit

Article 4

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. 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 the payment of the deposit at the time the application for an Accommodation Contract has been accepted, it shall be treated as if the Hotel has accepted a special contract prescribed in the preceding Paragraph.

Refusal of Conclusion of Accommodation Contracts

Article 5

1. The Hotel may not accept the conclusion of an Accommodation Contract under any of the following circumstances:
   1. When the application for accommodation does not conform with the provisions of these Terms and Conditions;
   2. When the Hotel is fully booked and no room is available;
   3. When the Guest seeking Hotel accommodation is deemed liable to act in a manner that will contravene the laws or act against the public order or good morals in regard to his accommodation;
   4. When the Guest seeking Hotel accommodation was previously involved in trouble with the Hotel, such as by delayed payment of accommodation charges, etc.;
   5. When the Guest seeking Hotel accommodation is involved in an organized crime group or organization as prescribed in the Act on Prevention of Unjust Acts by Organized Crime Group Members, or a group or an organization equivalent thereto;
   6. When the Guest seeking Hotel accommodation is wanted, arrested, apprehended, indicted or convicted in a criminal case;
   7. When the Guest seeking Hotel accommodation committed an act of violence, harm, coercion, intimidation, extortion, fraud or any other similar act;
   8. When there are reasons equivalent to those under Items (4) through (7)
   9. When the Guest seeking Hotel accommodation can be clearly identified as carrying an infectious disease;li>
   10. When the Hotel is requested to assume an unreasonable burden in regard to the accommodation;li>
   11. When provision of accommodation is not possible due to a natural disaster, malfunction of facilities, or other unavoidable reasons;
   12. When the Guest seeking Hotel accommodation is obviously intoxicated and could cause annoyance to other Guests or when the Guest seeking Hotel accommodation is behaving in such a manner as to be an annoyance to other Guests (as prescribed in Article 14 of the Tokyo Ordinance for Enforcement of the Hotel Business Act)

Right to Cancel Accommodation Contracts by the Guest

Article 6

1. The Guest is entitled to cancel the Accommodation Contract by notifying the Hotel.
2. When the Guest has cancelled the Accommodation Contract in whole or in part for reasons for which the Guest is liable (except in the case when the Hotel has requested the payment of the deposit during the specified period as prescribed in Paragraph 2 of Article 3 and the Guest has cancelled the Contract before the payment), the Guest shall pay the penalty charges listed in the Attached Table No. 2. However, 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 to pay the penalty charges in the event of cancellation by the Guest.
3. If the Guest does not appear by 8:00 p.m. of the accommodation date without advance notice (2 hours after the expected time of arrival if the Hotel is notified), the Hotel may regard the Accommodation Contract as having been cancelled by the Guest.

Right to Cancel Accommodation Contract by the Hotel

Article 7

1. The Hotel may cancel the Accommodation Contract in any of the following cases:
   1. When the Guest fails to observe the Terms and Conditions of Accommodation Contracts of the Hotel and the Hotel Regulations;
   2. When it is deemed that the Guest may engage in or has engaged in an act or acts contrary to the provisions of law, public order or good morals with regard to the accommodation;
   3. When the behavior of the Guest is not in accordance with social or other rules and is considered inappropriate as a guest for the Hotel;
   4. When the Guest did not pay accommodation charges to the Hotel or delayed payment thereof;
   5. When the Guest made a false application at the conclusion of an accommodation contract;
   6. When the Guest has a criminal record and is considered as inappropriate as a guest for the Hotel;
   7. When the Guest is wanted, arrested, apprehended, indicted or convicted by the public authority;
   8. When the Guest is found to be a member of an anti-social organization as designated in the "Act on Prevention of Unjust Acts by Organized Crime Group Members," an extremist group, or any other organization or group equivalent thereto, or to have connection with any such organization or group;
   9. When the Guest is a person equivalent to any of those set forth in the preceding Paragraph, or an organization or group recognized by the Hotel as a person set forth in the preceding Paragraph, or has connection with a group or an organization conducting act of deception and intimidation.
   10. When the Guest committed an act of violence, harm, coercion, intimidation, extortion, fraud or any other similar act;
   11. When there are reasons equivalent to those under Items (4) through (10);
   12. When the Guest can be clearly identified as carrying an infectious disease;
   13. When the Hotel is requested to assume an unreasonable burden in regard to the accommodation;
   14. When the Hotel is unable to provide accommodation due to natural calamities and/or other causes of force majeure;
   15. When the Guest is obviously intoxicated and could cause annoyance to other Guests or when the Guest is behaving in such a manner as to be an annoyance to other Guests (as prescribed in Article 14 of the Tokyo Ordinance for Enforcement of the Hotel Business Act)
   16. When the Guest fails to observe prohibited actions such as smoking in bed, interference with the fire-fighting facilities and other prohibitions of the Hotel Regulation stipulated by the Hotel (restricted to particulars deemed necessary in order to avoid the causing of fires);
2. 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 services within the contractual period which the Guest has not yet received.

Registration

Article 8

1. The Guest shall register the following particulars at the front desk of the Hotel on the day of accommodation.
   1. Name, age, sex, address and occupation of the Guest
   2. For non-Japanese Guest; nationality, passport number, port and date of entry into Japan;
   3. Date and estimated time of departure;
   4. Other particulars deemed necessary by the Hotel.
2. When the Guest intends to pay the Accommodation Changes prescribed in Article 12 by any means other than cash, such as traveler's checks, coupons or credit cards, these credentials shall be shown in advance at the time of the registration prescribed in the preceding Paragraph.

Occupancy Hours of Guest Rooms

Article 9

1. The Guest is entitled to occupy the contracted guest room of the Hotel from 3 pm to 12 pm the next day. However, if the guest room is contracted for consecutive days, the Guest may occupy it for the entire day, except for the days of arrival and departure.
2. The Hotel may, notwithstanding the provisions prescribed in the Preceding Paragraph, permit the Guest to occupy the room beyond the time prescribed in the same Paragraph. In this case, extra charges shall apply as follows:
   1. Until 4:00 pm, 50% of the room charge
   2. After 4:00 pm, 100% of the room charge

Observance of Hotel Regulations

Article 10

The Guest shall, while on the premises of the Hotel, observe the Hotel Regulations, etc. established by the Hotel in accordance with these Terms and Conditions, which are posted, displayed or provided within the Hotel.

Opening hours

Article 11

1. The business hours of the facilities, etc. of the Hotel are as follows, and the business hours of other facilities, etc. shall be specified in detail by brochures provided, notices displayed at each place, or service directories in guest rooms
   1. Service hours of front desk, etc.
      1. Front desk: 24-hour service
      2. Exchange service: 24-hour service
   2. Service hours for dining, drinking and etc.
      1. Italian Dining Zillion (11:30 a.m. to 9:30 p.m.)
      2. La Provence/Petit Provence (11:30 a.m. to 10:00 p.m.)
      3. New York Lounge by InterContinental Tokyo Bay (11:30 a.m. to 9:00 p.m.)
      4. HUDSON LOUNGE / AMBAR (Sunday to Thursday 11:30 a.m. to 10:00 p.m. / Fridays, Saturdays, and days before holiday 11:30 a.m. to 10:30 p.m.)
      5. Teppan-Yaki TAKUMI (11:30 a.m. to 10:00 p.m.)
      6. Chef's Live Kitchen (Monday to Friday 7:00 a.m. to 9:00 p.m. / Saturday 6:30 a.m. to 10:00 p.m. / Sunday, Holidays 6:30 a.m. to 9:00 p.m.)
      7. Rainbow Bridge View Dining & Champagne Bar MANHATTAN (11:30 a.m. to 9:00 p.m.)
      8. The Shop N.Y.LOUNGE BOUTIQUE (11:00 a.m. to 7:00 p.m.)
      9. In Room Dining (Room Service) (7:00 a.m. to 10:00 p.m.)
   3. Service hours for additional services
      1. Fitness (24-hour service)
2. The business hours are subject to change without notice.

Payment of Accommodation Charges

Article 12

1. The particulars and method of calculation of accommodation charges, etc. that the Guest shall pay are as listed in the attached Table No. 1.
2. The Accommodation Charges, etc. as stated in the preceding Paragraph shall be paid in cash, or by any means other than cash such as traveler's checks, coupons or credit cards accepted by the Hotel, at the front desk, at the time of the departure of the Guest or upon request by the Hotel.
3. The Accommodation Charges shall be paid even if the Guest chooses not to utilize the accommodation facilities provided by the Hotel and which are at the Guest's disposal.

Liabilities of the Hotel

Article 13

1. The Hotel shall compensate the Guest for any damage if the Hotel is responsible for such damage in the fulfillment, or in the failure to fulfill, of the Accommodation Contract and/or related agreement. However, this shall not apply in cases when such damage has been caused by factors for which the Hotel is not liable.
2. The Hotel has received the “PASS MARK”(Certificate of excellence of Fire Prevention Standard issued by the fire station). Furthermore, the Hotel is covered by Hotel Liability Insurance in order to deal with fire and/or other disasters.

Procedure when unable to provide Contracted Rooms

Article 14

1. The Hotel shall, when unable to provide the contracted rooms, arrange accommodation of the same standard elsewhere for the Guest insofar as practicable and with the consent of the Guest.
2. When other accommodation cannot be arranged, notwithstanding the provisions of the preceding Paragraph, the Hotel shall pay the Guest a compensation fee equivalent to the penalty charges and the compensation fee shall be applied to the reparations. However, when the Hotel cannot provide accommodation because of factors for which the Hotel is not liable, the Hotel shall not compensate the Guest.

Handling of Deposited Articles

Article 15

1. For goods, cash or valuables deposited at the front desk by the Guest, the Hotel shall compensate the Guest for any damage from loss, breakage or other damage, except in cases involving force majeure.
2. For goods, cash or valuables which are brought onto the premises of the Hotel by the Guest but which are not deposited at the front desk, the Hotel shall compensate the Guest for any damage when loss, breakage or other damage is caused through the deliberate action or negligence on the part of the Hotel. However, when the Guest has not made a declaration in advance of the type and value of the items, the liability of the Hotel for compensation shall be limited to 300,000 yen.

Safekeeping of Baggage and/or Belongings of the Guest

Article 16

1. When the Guest's baggage is brought into the Hotel prior to the Guest's arrival, the Hotel shall be liable to keep it only when such a request has been accepted by the Hotel. The baggage shall be handed over to the Guest at the front desk at the time of check-in.
2. When the Guest's baggage or belongings are found to have been left behind after check-out, and ownership of the item can be determined, the Hotel shall inform the owner of the item left behind and ask for further instructions. When no instruction is given to the Hotel by the owner or when ownership cannot be determined, the Hotel shall keep the article for 7 days, including the day on which 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 safekeeping of the Guest's baggage and belongings in the case of the preceding two paragraphs shall be assumed in accordance with the provisions of Paragraph 1 of the preceding Article in the case of Paragraph 1, and with the provisions of Paragraph 2 of the same Article 15 in the case of Paragraph 2.

Liability for Parking

Article 17

The Hotel shall not be liable for the safekeeping of the Guest's vehicle when the Guest utilizes the parking lot on the premises of the Hotel, as it shall be regarded that the Hotel simply offers the space for parking, whether the key of the vehicle has been deposited with the Hotel or not. However, the Hotel shall compensate the Guest for any damage caused through deliberate action or negligence on the part of the Hotel in regard to the management of the parking lot.

Liability of the Guest

Article 18

The Guest shall compensate the Hotel for any damage caused by the Guest, either deliberately or through negligence.

Effective Date of Terms and Conditions of Accommodation Contracts

Article 19

These Terms and Conditions of Accommodation Contracts shall become effective or April 1, 2004.

Remarks

1. The accommodation tax and consumption tax set forth above shall, when the applicable taxation law or ordinance is amended, be subject to the provisions of such amended taxation law or ordinance.
2. In the Hotel bill, these taxes are indicated as Accommodation Tax and Consumption Tax, respectively.
3. Accommodation Tax shall not apply when the Hotel permits the use of a guest room for purposes other than accommodation and when the Guests uses the room in the manner permitted by the Hotel.
4. The details of the Accommodation Tax shall be in accordance with the Tokyo Accommodation Tax Ordinance.

The terms and conditions for the Guest, which are stipulated by the Hotel in accordance with Article 1, Paragraph 2 of the Terms and Conditions of Accommodation Contracts of the InterContinental Tokyo Bay, are as follows.
The Guest is requested to note that, when cancelling the Accommodation Contract, a penalty charge is payable as follows, irrespective of the provisions of Article 3, Paragraph 2 and Article 6, Paragraph 2 of the Terms and Conditions for Accommodation Contracts established by the Hotel, including whether or not an application fee has been paid or not.

In the event of group cancellations or reduction in the number of nights or reservations, cancellation fees will be charged according to the following periods depending on the date of arrival.

1. The cancellation charge shall be calculated from the date when the hotel receive the notice of cancellation from the contractor.
2. % is the ratio of the cancellation fee to the base room charge.However, for accommodation packages such as those including breakfast, the published amount （hereinafter referred to as "package charge"）will be charged as the cancellation fee.
3. In addition, cancellation charges may be different from the aforementioned provisions for specific groups and specific periods.