TERMS AND CONDITIONS

1. SCOPE OF APPLICATION


1.1 Accommodation bookings and related agreements between the Shimaya Stays facility and its Guest/Guests shall be subject to Terms and Conditions stipulated below. Any details not provided for herein shall be governed by laws and regulations and/or generally accepted practices covering Japanese rental contracts.

1.2 Shimaya Stays shall, within the limits of the law and accepted practices, prioritize any special contracts as they arise.

2. REFUSAL OF ACCOMMODATION


Shimaya Stays reserves the right to refuse accommodation in the following cases:

2.1 When Shimaya Stays is incapable of providing accommodation due to natural calamities, damage to its facilities, and/or other unavoidable causes.

2.2 When the guest is deemed liable to conduct her/himself in a manner that will contravene the laws or the maintenance of public peace and order.

2.3 When the guest is clearly intoxicated and could cause annoyance to other guests or when a person is behaving in such a manner as to be an annoyance to other guests.

2.4 When the Guest has on her/ him hazardous materials and items harmful to human bodies

2.5 When the Guest is clearly detected as carrying a severe infectious disease.

2.6 When Shimaya Stays is requested to assume an unreasonable burden in regard to the Guest's accommodation.

2.7 When the Guests are deemed to meet the following criteria:

  • Organized Crime Groups as defined by law (Heisei 3rd year 77th Law, 2nd Article 2nd Clause), Organized Crime Group Members as defined by the above law, 2nd Article 6th Clause), Sub-members of these groups and other anti-social groups.

  • Legal entities or organizations that are under the control of organized crime groups or organized crime group members

  • Legal entities whose board include organized crime group members

 

 

3. APPLICATION FOR ACCOMMODATION


The Guest making an application for an Accommodation Agreement with Shimaya Stays shall provide the following particulars:

3.1 Name, gender, nationality, residential address, email address, contact number, and occupation of the entire Guest group.

3.2 Date of accommodation, estimated time of arrival, and name and contact number of the person making the reservation.

3.3 Other particulars requested for by Shimaya Stays, including a passport scan to be made by Shimaya Stays staff upon check-in.

3.4 All details provided by Guests will be used solely for Shimaya Stays’ operating purposes and due care shall be taken to ensure data security.

In the event the Guest requests for an extension of stay at the accommodation beyond the date stipulated in the existing Accommodation Agreement, this extension shall be treated as an application for a new Accommodation Contract and subject to availability, with payment for the extension to be paid upfront.

 

4. CONCLUSION OF ACCOMMODATION AGREEMENT
 

4.1 The Accommodation Agreement shall be deemed to have been concluded after Shimaya Stays has duly accepted the application in line with requirements stipulated in Clause 3, and has confirmed the payment of accommodation fee by credit card.

4.2 The amount paid by the guest shall first be used for the total Accommodation fee to be paid by the Guest; secondly, in the event of cancellation, for the cancellation charges under Clause 6 where applicable, with the remainder, if any, refunded net of fees levied by the payments provider.

 

5. PAYMENT OF ACCOMMODATION CHARGES
 

5.1 Accommodation charges shall be paid via credit card or cash upon check-in. 


 

6. CANCELLATION OF RESERVATION
 

In cases where the Guest has cancelled the Reservation in whole or in part, the Guest shall pay cancellation charges as laid out below plus fees levied by the payments provider.

6.1 Cancellation charges are as follows:

  • For cancellation made on actual day that accommodation commences/ no-show:100%;

  • For cancellation 1 - 7 days before the start date of accommodation agreement: 80%;

  • For 8 to 14 days before the start date of accommodation agreement: 50%;

  • For 15 to 30 days before the start date of accommodation agreement: 20%; and,

  • For more than 30 days before the start date of accommodation agreement: 0%.

 

6.2 In the event where the Guest does not appear by 10 p.m. of the start date of accommodation agreement, or 2 hours after the expected time of arrival, whichever is later, unless notified, Shimaya Stays may regard the Accommodation Agreement as being cancelled by the Guest.

 

7. RIGHT TO CANCEL ACCOMMODATION AGREEMENTS


Shimaya Stays reserves the right to cancel Accommodation Agreements unilaterally in the following cases:

7.1 Situations arising from those stipulated in Clause 2.

7.2 The Guest fails to provide personal particulars listed out in Clause 3, or includes guests whose details had not been provided to Shimaya Stays upon check-in.

7.3 In cases where the Guest violates the Property Regulations listed out in the Annex of the Terms and Conditions.

In cases where the Accommodation Reservation has cancelled in accordance with the above, the refund of the Accommodation Fee will be at the sole discretion of Shimaya Stays.

 

8. REGISTRATION
 

The Guest shall register the following particulars with Shimaya Stays staff on the day of accommoda-tion:

 

8.1 The particulars listed in the Clause 3.

8.2 In the case of a foreign resident, nationality, passport number, port and date of entry in Japan

8.3 Date and estimated time of departure; and

8.4 Other particulars deemed necessary by Shimaya Stays.

 

9. CHECK-IN & CHECK-OUT TIME
 

9.1 Check-in time is 3pm, and check-out time is 11am.

9.2 Shimaya Stays reserves sole discretion in granting extensions of stay beyond 11am.

9.3 In the case when the accommodation period is greater than 2 days, the Guest may occupy the room all day long, except for the days of arrival and departure. However, please note that cleaning staff will enter the rooms between 11am and 3pm to perform daily cleaning and maintenance.

 

10. USE OF SHIMAYA ECONCIERGE SERVICE
 

10.1 Guests who have made an accommodation booking directly with Shimaya Stays are invited to utilise our unique eConcierge offering. The eConcierge team is on hand to help our guests with transport, dining and sight-seeing reservations, and are more than happy to provide recommendations on these aspects.

10.2 The eConcierge team will work with guests to put together their itinerary during their stay, making recommendations and reservations where needed. Shimaya Stays works with its network of restaurants as well as its partner Nozomi, a specialist provider of sightseeing and recreation activities in Kyoto.

10.3 All reservations are made on a complimentary basis. However, guests are kindly requested to note that each subsequent change requested to reservations already made will incur an administrative fee of JPY 1,000. This is to ensure that our eConcierge resources are used optimally by guests, and also to maintain strong relations with the counterparts we make reservations with. We also seek the understanding of guests that in the case of no-show for dining reservations, we will levy the entire sum due (determined by courses/sets which were ordered in the reservation) and pay the entire sum to the affected restaurant. This is to compensate the restaurant for the revenue foregone despite having prepared the ingredients in anticipation of the guests' arrival.

11. OBSERVANCE OF PROPERTY REGULATIONS
 

The Guest shall observe the Property Regulations established by the Shimaya Stays (listed below), which are also posted within the premises of the property.

12. LIABILITIES OF SHIMAYA STAYS


12.1 The responsibility of Shimaya Stays concerning accommodation starts from the time the when the Guest enters the property after check-in, and terminated at the time the Guest leaves the property upon check-out.

12.2 When the guest can no longer be accommodated due to reasons for which Shimaya Stays is responsible, we shall arrange to secure accommodation of the same or similar standard for the guest at facilities elsewhere, excepting cases of natural calamities and other causes making its observance difficult. In such a case, there shall be no additional charge to the guest for the alternative accommodation.

12.3 In the event of point 2 described above, Shimaya Stays cannot be liable for compensation greater than the amount of accommodation charge paid by the Guest.

13. LIABILITIES OF THE GUEST


The Guest shall compensate Shimaya Stays for any damage to the property or fittings caused intentionally or through negligence on the part of the Guest. Shimaya Stays shall inform the guest of the purchase price of the damaged item and compute the damages the Guest is liable for.

14. HANDLING OF DEPOSITED ARTICLES
 

14.1 Shimaya Stays does not handle or keep deposited articles.

 

14.2 Shimaya Stays shall not be liable for the loss or destruction of the possessions of Guests, including cash and other valuables, unless there was wilful or gross negligence by Shimaya Stays and/ or any of its employees.

15. CUSTODY OF GUEST BAGGAGE
 

15.1 Shimaya Stays is unable to store the Guest's baggage and belongings prior to arrival.

 

15.2 When the Guest checks out leaving belongings or bags behind, the Shimaya Stays 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 dis-covered), then turned over to the nearest police station.

16. VEHICLE PARKING


The Shimaya Stays does not have vehicle parking space for Guests. However, there are coin parking facilities in the vicinity of the property.

17. JURISDICTION AND APPLICABLE LAWS
 

Litigation arising from the Terms & Conditions for the Accommodation Agreement will be resolved in Kyoto District Court or Kyoto Summary Court in the jurisdiction of Shimaya Stays properties and in accordance with Japanese law.

PROPERTY REGULATIONS

To ensure comfort and safety of when staying in Shimaya Stays properties, we ask that Guests kindly abide by the following property rules according to Clause11 of Shimaya Stays Terms and Conditions:

1. Use of firearms in Shimaya Stays properties is strictly forbidden.

2. Smoking is strictly prohibited inside Shimaya Stays properties.

3. As the properties are wooden buildings situated in residential areas, please refrain from making loud noises that would cause annoyance to neighbours.

4. Carrying the following items into the properties is strictly prohibited:

  • Animals and birds

  • Items that emit foul odour

  • Volatile or ignitable items such as explosives and gasoline

  • Firearms and weapons

  • Illegal substances like marijuana and amphetamines

 

5. Refrain from gambling and behaving in any rowdy manner in the property. Do not bring visitors into the room, and do not move, change or take out facilities and furniture in the premises, or use them for purposes other than the original intent.

6. Do not fix other items to the buildings and facilities in the premises, or move them to other places.

© SHIMAYA 2020 ALL RIGHTS RESERVED