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Contract Scope

Article 1.

Any item or event not provided for within this document are to be governed by laws, regulations and/or generally accepted practices of the State of South Dakota or the area of accommodations and/or services provided.  All Company/Landlord and Guest/Tenant relationship agreements are subject to the Terms and Conditions herein.

Guest and Tenant are to mean the same in this document.

Company and Hotel are to mean the same in this document.

In the case when the Company has entered into a special contract with the Guest/Tenant 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.
A Guest/Tenant who intends to make an application for an Accommodation Contract with the Company/Property shall notify the Company/Property Management of the following particulars:

  1. Name of the Guest/Tenant(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

Any other information deemed necessary by the Company.

In the case when the Guest/Tenant requests, during his stay, extension of the accommodation beyond the date in sub-paragraph 2 of the preceding Paragraph, it shall be regarded as an application for a new Accommodation Contract at the time such request is made.

Article 3.
A Contract for Accommodation shall be deemed to have been concluded when the Company has duly accepted the application as stipulated in the preceding Article. However, the same shall not apply where it has been proved that the Company 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/Tenant is requested to pay an accommodation deposit fixed by the Company within the limits of Basic Accommodation Charges covering the Guest/Tenant's entire period of stay (3 days when the period of stay exceeds 3 days) by the date specified by the Company.

3

The deposit shall be first used for the Total Accommodation Charges to be paid by the Guest/Tenant, 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/Tenant has failed to pay the deposit by the date as stipulated in Paragraph 2, the Company shall treat the Accommodation Contract as invalid. However, this shall apply only in the case where the Guest/Tenant is informed by the Company about the specified date by which the deposit is to be paid.

Special Contracts Requiring No Accommodation Deposit

Article 4.
Notwithstanding the provisions of Paragraph 2 of the preceding Article, the Company 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 Company 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 that the Company has accepted a special contract prescribed in the preceding Paragraph.

Refusal of Accommodation Contracts

Article 5.
The Company may not accept the conclusion of an Accommodation Contract under any of the following cases:

  1. When the application for accommodation does not conform with the provisions of these Terms and Conditions;
  2. When the Company is fully booked and no room is available;
  3. When the Guest/Tenant seeking accommodation is deemed liable to conduct himself in a manner that will contravene the laws or act against the public order or good morals in regard to the Guest/Tenant's accommodation;
  4. When the Guest/Tenant seeking accommodation can be clearly detected as carrying an infectious disease;
  5. When the Company is requested to assume an unreasonable burden in regard to the Guest/Tenant's accommodation;
  6. When the Company is unable to provide accommodation due to natural calamities, dysfunction of the facilities and/or other unavoidable causes; or
  7. When a person requesting Company accommodations is obviously intoxicated and could cause annoyance to other Guest/Tenants or when a person is behaving in such a manner as to be an annoyance to other Guest/Tenants or to the private residents of nearby or adjacent facilities/homes.
  8. When the Guest/Tenant seeking accommodation can be detected as a member of or be linked to a crime syndicate, organized crime groups or any antisocial organizations.

Right to Cancel Accommodation Contracts by the Guest/Tenant

Article 6.
The Guest/Tenant is entitled to cancel the Accommodation Contract by so notifying the Company.

2

In the case when the Guest/Tenant has cancelled the Accommodation Contract in whole or in part due to causes for which the Guest/Tenant is liable (except in the case when the Company has requested the payment of the deposit during the specified period as prescribed in Paragraph 2 of Article 3 and the Guest/Tenant has cancelled before the payment), the Guest/Tenant 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/Tenant is informed of the obligation of the payment of the cancellation charges in case of cancellation by the Guest/Tenant.

3

In the case when the Guest/Tenant does not appear by 8 p.m. of the accommodation date (2 hours after the expected time of arrival if the Company is notified of it) without an advance notice, the Company may regard the Accommodation Contract as being cancelled by the Guest/Tenant.

Right to Cancel Accommodation Contracts by the Company

Article 7.
The Company may cancel the Accommodation Contract under any of the following cases:

  1. When the Guest/Tenant is deemed liable to conduct and/or have conducted himself in a manner that will contravene the laws or act against the public order and good morals in regard to the Guest/Tenant's accommodation.
  2. When the Guest/Tenant can be clearly detected as carrying an infectious disease;
  3. When the Company is requested to assume an unreasonable burden in regard to the Guest/Tenant's accommodation;
  4. When the Company is unable to provide accommodation due to natural calamities and/or other causes of force majeure;
  5. When a person requesting Company accommodations is obviously intoxicated and could cause annoyance to other Guest/Tenants or when a person is behaving in such a manner as to be an annoyance to other Guest/Tenants.
  6. When the Guest/Tenant does not observe prohibited actions such as smoking in bed, mischief to the fire-fighting facilities and other prohibitions of the Use Regulations stipulated by the Company (restricted to anything deemed necessary in order to avoid the causing of fires.)
  7. When the Guest/Tenant can be detected as a member of or be linked to a crime syndicate, organized crime groups or any antisocial organizations.

2

In the case when the Company has cancelled the Accommodation Contract in accordance with the preceding Paragraph, the Company shall not be entitled to charge the Guest/Tenant for any of the services in the future during the contractual period which he has not received.

Registration

Article 8.
The Guest/Tenant shall register the following information with the Assigned Agent of the Company on the day of accommodation;

  1. Name, age, sex, address, and occupation of the Guest/Tenant(s);
  2. Nationality, passport number, port and date of entry into the USA;
  3. Driver license state and identification number
  4. Date and estimated time of departure; and
  5. Other information deemed necessary by the Company.

2

In the case when the Guest/Tenant intends to pay his Accommodation Charges prescribed in Article 12 by any means other than USA currency, 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.

Occupancy Hours of Guest/Tenant Rooms

Article 9.
The Guest/Tenant is entitled to occupy the contracted Guest/Tenant room of the Company from 1:00 p.m. to the next 11:00 a.m. However, in the case when the Guest/Tenant is accommodated continuously, the Guest/Tenant may occupy it all day long, except for the days of arrival and departure.

2

The Company may, notwithstanding the provisions prescribed in the preceding Paragraph, permit the Guest/Tenant to occupy the room beyond the time prescribed in the same Paragraph. In this case, extra charges shall be paid as follows:

  1. Up to 3 hours: 30% of the room/property charge;
  2. Up to 6 hours: 50% of the room/property charge;
  3. More than 6 hours: 100 % of the room charge.

Payment of Accommodation Charges

Article 12.
The breakdown and method of calculation of the Accommodation Charges, etc. that the Guest/Tenant shall pay is as listed in the Attached Table No.1.

2

Accommodation Charges, etc. as stated in the preceding Paragraph shall be paid with USA currency or by means other than USA currency such as traveler's cheques, coupons or credit cards recognized by the Company at the time of the departure of the Guest/Tenant or upon request by the Company.

3

Accommodation Charges shall be paid even if the Guest/Tenant voluntarily does not utilize the accommodation facilities provided for him/her by the Company and are at his/her disposal.

 

Attached Table No.1: Calculation method for Accommodation Charges, etc.
(Ref. Paragraph 1 of Article 2 and paragraph 1 of Article 12)

 

Contents

Total Amount to be paid
by the Guest/Tenant

Accommodation Charge
(1) Basic Accommodation Charge (Room Charge)
(2) Service Charge 10%

Extra Charge
(3) Meals & Drinks and Other Expenses
(4) Service Charge 10%

Tax
(5) Consumption Tax
(6) Accommodation Tax

 

All taxes levied will conform with current tax laws. Changes to the law may not be reflected in the rates listed here.

 

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

 

Contracted
Number
of
Guest/Tenants

Date when Cancellation of
Contract is Notified

No
Show

Accomm-
odation
Day

1 Day
Prior to
Accomm-
odation
Day

9 Day
Prior to
Accomm-
odation
Day

20 Day
Prior to
Accomm-
odation
Day

Individual
1 to 14

100%

80%

20%

 

 

Group

15
to
99

100%

80%

20%

10%

 

100
and
more

100%

100%

80%

20%

10%

Remarks:

1.

The percentages signifies the rate of cancellation charge to the Basic Accommodation Charges.

 

2.

When the number of days contracted is shortened, cancellation charge for its first day shall be paid by the Guest/Tenant regardless of the number 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 prior to the occupancy, as of the date.) with fractions counted as a whole number.

                   

 

Accommodation Charges:

 

Overnight Rate:  $500.00

Weekly Rate:  $2,500.00

Monthly Rate:  $2,650.00

Special Rate: $_______.___ , Check In Date: _________  Check Out Date: _________ or Month to Month Rental starting on (Month) _______ (Day) _______  (Year) ________ continuing until written notice is made 30 days in advance by either party.  3 day eviction notice to quit or pay applies in a continuous month to month rental.



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