STAYCATION TERMS OF USE (LEASE AGREEMENT)

 

STAYCATION Inc. (hereinafter called “Lessor”, “we”, “our” or “us”) and a person who reserves our facility (hereinafter called “Lessee”, “you” or “your”) agree to these Terms of Use (hereinafter called the “Terms”) including the terms and conditions of lease and execute a lease agreement (hereinafter called “this Agreement”) with respect to a facility operated by us (hereinafter called the “Property”) or services provided by us at the Property (hereinafter called the “Services”).

You are required to agree to any and all terms and conditions of this Agreement in order to use the Services. If you have used any of the Services, you are deemed to have agreed to this Agreement.

 

Important matters to be understood by Lessee who leases the Property

 

The Services intend to enable you to use the Property as an owner of villa and to enjoy a unique life as the owner of villa in the region or area where the Property is located during its lease term of the Property. Therefore, the Services do not intend to provide you with any services with a lot of hospitality provided at the hotels or inns.

Our staff members strive to cordially make any preparations for your pleasant stay. However, at the facilities for lease in resort areas, some insects or small animals may enter the room, as the case may be. Even in such case, unlike the hotels, no butler service to remove them is available. Furthermore, even in the case of wear and tear or shortage of consumables or in the case of breakage of window glass or leaking of rain due to natural disasters such as typhoon, you have to respond to such event yourself for the time being.

We cannot list all events, but you are required to do anything which you should do yourself as an owner of villa. We kindly ask you to understand that the Property is a facility for lease. In addition, any failure or malfunction of equipment or fixture in the Property may put you to inconvenience. In such case, it may take some time to complete its repair or sometimes it may be irreparable, as the case may be. We may not arrange another room for replacement since each facility is a unique one.

We are afraid that we cannot refund your paid money in any of the above cases (unless we considers that the Property is unusable due to the failure of its building or equipment). We request you to apply for the Property after you fully understand the above important matters.

(Note) During your stay at the Property, we do not arrange any cleaning service.

 

1.　Purpose or type

1.1　The purpose or type of this Agreement relating to lease of the Property is a lease agreement for its temporary use. Lessee cannot use the Property for any purpose other than such original purpose. If Lessee wishes to receive the Services from Lessor, Lessee is required to register him/herself as a member (called “STAYCATION Member”).

1.2　Unlike the hotels or inns, Lessee leases the Property as a base for his/her temporary life. Lessee is encouraged to lease it with duty of care of a good manager, cooperating with the neighborhood without causing them any problem.

1.3　Unless specially permitted by Lessor, Lessee cannot sublease or sublet the Property or assign his/her right to lease the Property to third parties.

1.4　Lessee is required to vacate the Property after the expiration of the lease term. Lessee cannot renew this Agreement or extend the lease term. If Lessee continues to use the Property, Lessee is required to newly apply for the use of the Services and to execute a lease agreement again.

 

2.　Conclusion of this Agreement

2.1　This Agreement is concluded between Lessee and Lessor at the time when Lessee applies for the use of the Services after agreeing to the Terms, pays the service fees and related expenses (hereinafter collectively called the “Service Fees”) to Lessor within the period designated by Lessor, submits to Lessor the personal information of all Lessees (name, address and occupation, and, for Lessee with foreign nationality, passport number and a copy of passport) and Lessor confirms them all. If Lessor cannot confirm the payment of the Service Fees and the personal information of all Lessees, such application is deemed to have been canceled.

2.2　The Service Fees are payable in full and in lump sum. If the Service Fees are paid by bank transfer, or If Lessor refunds them to Lessee due to cancellation of his/her reservation of the lease of the Property, Lessee bears any and all bank transfer fees.

2.3　In regard to any change to or cancellation of the lease of the Property and cancellation fees, etc., they are as specified on the page of each facility on this website.

2.4　If Lessee changes his/her registration information, Lessee is required to submit any materials requested by Lessor by the method designated by Lessor without delay.

2.5　Lessee manages and stores his/her password and user ID under his/her responsibility. Lessee must not cause third parties to use them or lend, transfer, change the name of, sell or otherwise dispose of such password and user ID.

2.6　Lessee is liable for any damages arising from his/her insufficient management of, misuse of or third party’s use of his/her password and/or user ID. Lessor is not liable for such damages.

2.7　If Lessee finds that his/her password or user ID is stolen or used by any third party, Lessee is required to immediately notify Lessor of such fact and follow the instructions from Lessor.

 

3.　Terms and conditions of use

3.1　During the term of this Agreement, Lessee can use the Services by the method designated by Lessor within the scope of the purpose of this Agreement without breaching this Agreement.

3.2　Lessor may reject Lessee’s lease of the Property for inevitable reasons including bad weather such as typhoon or natural disaster such as earthquake. If Lessor considers that the Property is unavailable, or if the Property is damaged or lost, Lessor immediately terminates this Agreement and refunds to Lessee the Service Fees equivalent to the number of unavailable days (“a day” means 24 hours from noon to the next day’s noon) of the Property.

3.3　In the case of any natural disasters such as earthquake, fire, tsunami, typhoon or landslide or in case of emergency, Lessee is required to protect his/her life him/herself. If any evacuation order is issued, Lessee is encouraged to follow the instructions from the local government and to promptly take necessary actions without fail.

3.4　Lessee prepares and maintains any and all computers, software, other devices, communication lines or other communication environment required to receive the Services such as reservation service of the Property at his/her expense and under his/her responsibility.

3.5　Lessee takes any and all security measures to prevent computer virus infection, unauthorized access or information leakage in accordance with his/her usage environment for the Services at his/her expense and under his/her responsibility.

3.6　If Lessor receives any contact or inquiry from third parties, Lessor does not relay it to Lessee in order to protect the privacy of Lessee. Lessee agrees to such Lessor’s responses in advance.

3.7　Non-Japanese Lessee is required to submit a copy of his/her passport to enter the Property.

3.8　It cannot be used only by those under the age of 20.

 

4.　Management of the Property

4.1　The Property is a “property for lease”. Unlike the hotels or inns, the Property has no staff member on duty at all times. Therefore, Lessee manages the Property under his/her own responsibility by taking necessary security measures including fire protection and anti-crime measures during the lease term.

In addition, for management and security reasons, surveillance cameras are installed at the places such as exterior, garden and entrance of the Property. Lessee agrees to them in advance.

4.2　The amount limit of utilities (electricity, gas and tap water, etc.) to be used at the Property which is designated by Lessor is as follows:

・Electricity: 67.5 kwh per day;

・Tap water: 3 cubic meters per day;

・Gas: 3 cubic meters per day; and

・Hot spring water: 1,000 L per day

(“a day” means 24 hours from noon to the next day’s noon)

The usage fees up to such amount limit are included in the Service Fees and management fees, etc. The hot spring water is available only at certain facilities. If the amount used exceeds such amount limit, Lessor separately charges Lessee the usage fees for such excess. In addition, for the facilities located in the cold weather regions or specific facilities, Lessor separately charges Lessee special usage fees.

4.3　In leasing the Property, Lessee is required to comply with the house rules for the Property, related laws and regulations, rules established by the neighborhood association, community association and management association, etc. in the region where the Property is located.

4.4　If Lessee performs any illegal act or similar act, causes any nuisance to the neighborhood or gives any significant damage to the Property which may cause the owner of the Property to prohibit Lessee from leasing the Property during the lease term, Lessor may reject any and all applications from Lessee for the lease of the properties handled by Lessor since then.

4.5　If Lessee leases the Property for seminars, events, parties or sale of goods, Lessee is required to submit to Lessor in advance the materials including their plans or product descriptions. In such case, if Lessor considers that their details are inappropriate or unsuitable, Lessor may reject Lessee’s lease of the Property even after Lessee has applied for such lease or Lessor has already received the Services Fees. Lessee agrees to such Lessor’s responses in advance.

If Lessee fails to submit the above materials by the due date designated by Lessor, or if Lessor finds that Lessee uses the Property for seminars, events, parties or sale of goods, etc. after Lessee starts using the Property, Lessor immediately terminates this Agreement and Lessee must immediately cease to use the Property. In such case, Lessor does not refund to Lessee the Service Fees and the deposit for repair already received by Lessor since Lessor applies them to part of penalty charges. Furthermore, Lessor does not compensate Lessee for any damages incurred by Lessee arising from the above measures taken by Lessor.

4.6　Lessor strictly prohibits any person other than Lessee who has been registered at the time of his/her application from entering the Property (including its premises). If any person other than Lessee enters the Property, such person is required to separately apply for the use of the Property, to submit his/her personal information and to pay the Service Fees in advance. Lessee agrees that Lessor may not accept such application, as the case may be. If Lessee allows such person to enter the Property without permission from Lessor, Lessor confiscates the Service Fees already paid by Lessee and Lessee must pay the penalty charges to Lessor.

4.7　Lessee is required to confirm on his/her own any defacement, breakage or breakdown, etc., in relation to the Property or equipment and fixture attached to the Property on the start date of use of the Property. If Lessee finds any defacement, breakage or breakdown, etc., Lessee is required to notify Lessor of it by e-mail and by phone on such date. This notification from Lessee to Lessor means Lessee’s confirmation of the Property, but Lessee needs not give such notice to Lessor if the Property or its equipment or fixture has no problem. However, Lessee agrees in advance that Lessee is obligated to pay the expenses for restoration to original state if Lessee fails to give such notice to Lessor and Lessor finds any defacement, breakage or other failure after Lessee leaves the Property.

4.8　If Lessee gives any damage such as defacement, breakage, stain, failure, loss or breakdown to the Property or any equipment or fixture attached to the Property, Lessor charges Lessee expenses for its restoration to original state. If Lessor finds the intent or negligence of Lessee, Lessee is liable for any damages arising from such intent or negligence.

4.9　Any extension, renovation, relocation, modification, remodeling or redecoration of the Property or installation of any structure or facility in the premises of the Property is strictly prohibited.

4.10　If Lessee ceases to use the Property before the expiration of the lease term of the Property or shortens such term for any personal reasons, Lessor does not refund to Lessee the Service Fees already received by Lessor.

4.11　Since a residential house or villa is leased as the Property, the Property may be for sale as well as for lease. Therefore, Lessee cannot use the Property if the Property reserved by Lessee has already been sold. In such case, Lessee agrees in advance that Lessor changes the facilities for lease or refunds the Service Fees already paid by Lessee. With respect to any owner’s property (property not owned by Lessor), Lessor may be obliged to terminate this Agreement for such owner’s reasons or other reasons. In such case, Lessee agrees in advance that Lessor changes the facilities for lease or gives a refund to Lessee.

 

5.　Expenses to be borne by Lessee having negligence liability

5.1　In making a reservation, Lessee is required to pay to Lessor a deposit for repair or to register his/her credit card number as a security deposit for any expenses to be borne by Lessee due to his/her negligence liability in addition to the Service Fees. In principle, the deposit for repair is 50,000 Japanese Yen, but such amount depends on the facility or plan selected by Lessee. Lessee agrees in advance that the credit card number used by Lessee in making a reservation (for payment of the Service Fees) is used as the credit card number for such registration.

5.2　The deposit for repair may be applied to any expenses to be borne by Lessee who should bear negligence liability (hereinafter called “Other Expenses”) under this Agreement. If Lessee falls under any of the “prohibited matters” set forth in the Article 11 or the provisions of the Article 14 (Termination; Damages), or if Lessee breaches any provision of this Agreement, Lessor applies the deposit for repair to part of the penalty charges and does not refund it to Lessee.

5.3　In the case of the registration of the credit card number, Lessor charges, at its discretion, actual expenses, various expenses and penalty to such credit card number of Lessee.

5.4　If Lessor (including its contractors) confirms the Property and does not find any negligence or breach of Lessee set forth above within 14 days after Lessee leaves the Property, Lessor refunds the deposit for repair to Lessee without any interest. Lessor bears transfer fees charged by a domestic financial institution in Japan for such refund (In the case of transfer to a financial institution in any foreign country or to overseas, Lessee bears such transfer fees).

5.5　With respect to Lessee whose deposit for repair was applied to Other Expenses or part of the penalty charges under this Agreement for his/her past use of the Services, Lessor increases the amount of the deposit for repair for his/her next use of the Services.

 

6.　Vacation of the Property

6.1　If Lessee fails to vacate the Property immediately after the expiration of this Agreement, Lessee must pay twice as much money as the Services Fees as compensation for damage for a period from the expiration date of this Agreement to the completion date of such vacation.

6.2　Lessor disposes of, from time to time, any work, equipment, foods or other goods left by Lessee in the Property. If such disposal requires any expenses, Lessor charges Lessee such expenses.

6.3　Lessor explains to Lessee the method of vacation when Lessee vacates the Property (It varies depending on the Property. The method of vacation may be explained before Lessee enters the Property.) The time of vacating the Property is the time when Lessee notifies Lessor of his/her vacation, That is to say, the time of vacation is automatically extended until Lessor receives such notice of vacation.

 

7.　Entry into the Property

If Lessor considers that Lessor needs to enter the Property without consent from Lessee in case of emergency, no communication with Lessee, repair or inspection, etc., the contractor of Lessor may enter the Property as an administrator of the Property.

 

8.　Photographing in the Property (including premises such as exterior and garden)

Lessor prohibits Lessee from using any photos or videos, etc. shot in the Property by posting them or by publicly transmitting them (including making them transmittable) on any website, blog, social media, site for posting images or videos or bulletin board, etc. without permission from Lessor except for private use. If Lessee shoots any photo or video without permission from Lessor for any reason whatsoever (including the case where Lessee brings a lot of devices or equipment for shooting into the Property), Lessor charges Lessee the usage fees for studio (the amount calculated by multiplying 27,000 Japanese Yen by the number of usage hours), penalty and compensation for damage. If any photo or video of the Property is leaked on the internet or sold in print form such as books or on DVD, etc., Lessee must completely remove, collect and destroy such photo or video at his/her expense within 7 days after such leakage or sale. In such case, Lessor charges Lessee 10,000,000 Japanese Yen as compensation for damage.

 

9.　Change or cancellation of reservation

9.1　Any change or cancellation of reservation is subject to the “cancellation policy” specified in each facility on this website.(Reservations made from sites other than STAYCATION are subject to the cancellation policy set by each sales channel.)

9.2　Any change or cancellation of reservation is free of charge until the designated time when the cancellation fees are charged. Any cancellation of reservation or any change to the schedule of reservation after such designated time incurs prescribed cancellation fees for the entire period of the reservation. No-show (cancellation without notice) incurs 100% cancellation fees unless all means of transportation to the Property are unavailable due to bad weather, etc. Lessee bears any transfer fees charged by a financial institution for the refund of his/her paid money in relation to a cancellation of reservation made by Lessee for personal reasons.

9.3　If Lessee arrives at the Property later than the arrival time submitted to Lessor in applying for the use of the Property, Lessee is deemed to have canceled the reservation on the day.

9.4　Lessee agrees in advance that Lessor may cancel a reservation made by Lessee as a result of his/her screening, as the case may be.

9.5　Special cancellation policy in response to the development of the COVID-19 pandemic.

To show our commitment to health, safety, and security, we regret to inform that we cannot accept reservation if any of the followings applies.

・Those who have stayed or travel abroad within 14 days before the check-in date and do not meet the entry conditions ( or quarantine period ) approved by the Government of Japan.

・If any of the guest in the party have been confirmed to be infected with COVID-19 by medical institution or health organization.

・If facilities cannot be prepared to welcome guests by our staff due to any COVID-19 related restrictions or orders, or under any situation we determined that it may risk safety of all related facilities and staff, the reservations may be necessary to be cancelled.

 

10.　Optional services

With respect to optional services including various tours or treatment such as wedding party, catering, marine sport or nature walk, Lessee directly executes a service agreement with each service provider. In such case, the only role of Lessor is to introduce such services to Lessee. Therefore, Lessor is not liable for any accident or injury, etc. incurred by Lessee arising from such services including the liability for refund of the fees of such services. Lessee is required to use such optional services under his/her responsibility.

 

11.　Prohibited matters

11.1　Lessor prohibits Lessee from performing any of the following acts. If Lessee performs it in breach of this Agreement, Lessor confiscates the deposit for repair in full or collects the penalty charges from Lessee, or Lessee may be subject to both such confiscation and collection.

(a)　Smoking, fireworks, candles, bonfire or use of any fire not permitted by Lessor in the premises of the Property;

(If the use of fire at any place other than the places specially permitted by Lessor or a cigarette butt, etc. in the Property is found, Lessee is deemed to have performed such act.)

(b)　Manufacture or storage of guns, swords or any hazardous substance such as explosive or ignitable substance;

(c)　Breach of the rules established by the neighborhood association, community association or management association, etc., or act of causing any complaints from the neighborhood;

(d)　Eating, drinking or barbecuing outdoors, at the terrace or balcony or any similar act unless Lessor specially permits such act;

(e)　Act of making a big noise outdoors at any time of the day or night;

(f)　Act of making a noise which is dangerous or causes trouble to the neighborhood, use of TV or stereo, etc. at full volume or act of playing a musical instrument, act of significantly shining light into outdoors by using lighting equipment after sunset, or act of turning on an interior light unnecessarily until late at night;

(g)　Act which may color the Property by using artists’ paint, paint or dye in the Property;

(h)　Use of the Property as an office, etc. for the activities of any anti-social forces (such as organized crime group) or act of allowing them to enter or leave the Property;

(i)　Expansion, enlargement, renovation, relocation, modification, remodeling or redecoration of the Property, installation of any structure or facility in the premises of the Property, or duplication or replacement of the key for the entrance (porch) of the Property;

(j)　Stay with any pets (including visit of any friend or acquaintance with a pet to the Property) unless Lessor specially permits such act;

(k)　Act of bringing any animals (including insects or similar creature) into the Property or breeding of such animals in the Property;

(l)　Act of doing business such as multilevel marketing (pyramid selling), adult entertainment or self-development seminars or of soliciting other persons to participate in such business;

(m)　Infringement of intellectual property rights, portrait right, privacy right, honor or other rights or interests of Lessor, other Lessees, external social media business operators or any third parties (including any act of directly or indirectly causing such infringement);

(n)　Criminal acts or any other acts contrary to applicable laws and regulations or public order or morals (public policy);

(o)　Falsification of any available information relating to the Services;

(p)　Act which may interfere with Lessor’s operation of the Services;

(q)　Act of directing or guiding other members of the Services or third parties to other websites by using this website;

(r)　Act which Lessor considers to be inappropriate for the use of the Property or Services;

(s)　Act of allowing any person who has or may have infectious disease to enter the Property;

(t)　Parking a car on the street;

(u)　Entry into any prohibited areas in the Property or use of any prohibited equipment; or

(v)　Any other act which Lessor considers to be inappropriate.

11.2　If Lessor considers that any act performed by Lessee in the Services falls or may fall under any of the above prohibited matters, Lessor can delete all or any part of the information on the Property, reserve the payment amount of the usage fees of the Property or take any other measures which Lessor considers to be necessary without giving prior notice to Lessee. Such measures include confiscation of the deposit for repair in full or collection of penalty charges, or settlement on request by credit card, or both of them. Lessor is not liable for any damages incurred by Lessee due to such measures taken by Lessor under this paragraph.

 

12.　Cessation or suspension of Services

12.1　In any of the following events, Lessor can suspend or cease Lessee’s use of all or any part of the Services without giving notice or making demand to Lessee in advance.

(a)　If Lessee breaches any provision of this Agreement;

(b)　If any registration information of Lessee is found to be false;

(c)　If Lessee uses or attempts to use the Services for any purpose or by any method which may give damage to Lessor, other Lessees, external social media business operators or any third parties;

(d)　If Lessee interferes with the operation of the Services by any means whatsoever;

(e)　If Lessor periodically or urgently inspects or maintains any computer systems used for the Services;

(f)　If Lessor cannot operate the Services due to force majeure such as fire, power outage or natural disaster;

(g)　If Lessor has difficulty in providing the Services due to failure or unavailability of any equipment for construction necessary to provide the Services; or

(h)　If Lessor considers that the suspension or cessation of the Services is necessary.

12.2 　Lessor is not liable for any damage incurred by Lessee arising from any act performed by Lessor under this article.

 

13.　Disclaimer

13.1　If Lessee or any person accompanying Lessee incurs any damage due to accident, injury, theft or other event not attributable to Lessor or Lessor around or in the Property or in the parking lot, Lessor is liable for such damage.

13.2　Lessor is not liable for any trouble or problem (including connection failure) in relation to the internet connection in the Property.

1 (Note) Some properties have no equipment for the internet connection.

 

14.　Termination; Damages

14.1　If the building, equipment or fixture, etc. of the Property needs to be restored to original state due to the intent, negligence or inappropriate use of Lessee or any person accompanying Lessee, Lessee must compensate Lessor for any and all expenses for such restoration, Lessor’s business suspension during the work period of such restoration and damages incurred by Lessor.

14.2　If Lessee breaches any of his/her obligations set forth in this Agreement or performs any act which falls under any of the prohibited matters in leasing the Property, Lessor immediately terminates this Agreement and Lessee must immediately cease to lease the Property and vacate the Property. In such case, Lessor does not refund any of the Service Fees already received by Lessor from Lessee. Furthermore, Lessor applies the deposit for repair to part of the penalty charges and does not refund such deposit to Lessee. In the case of registration of the credit card number, Lessor, at its discretion, charges the credit card company such penalty and Lessee must pay such penalty from his/her credit card.

14.3　Only if Lessor gives any damage to Lessee by its intent or gross negligence in performing this Agreement, Lessor compensates Lessee for direct damage incurred by Lessee. In other cases, Lessor is exempt from the liability for damage compensation.

14.4　In regard to any complaint or claim relating to the Property, Lessor accepts it only from the representative of Lessee who is a party to this Agreement.

14.5　Lessor is not liable for any loss or theft, etc. of valuable goods of Lessee in the Property.

14.6　Lessor is not liable for any accident or injury, etc. incurred by Lessee not attributable to the Property or Lessor.

 

15.　Change to the Services or the Terms

15.1　Lessor can discontinue the provision of the Services for its personal reasons.

15.2　Lessor may change or revise the details of the Terms without prior notice to Lessee. In such case, the Terms and this Agreement executed under the Terms after such change or revision bind on Lessee. Lessee is required to use the Services without fail only after confirming and understanding the details of such changed or revised Terms.

 

16.　Original text; Governing law

The original text of the Terms and this Agreement is written in Japanese. The Terms and this Agreement are governed by and construed in accordance with the laws of Japan.

 

17.　Jurisdiction

Any and all disputes arising out of or in relation to the Terms or this Agreement are subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court of Japan for the first trial.

 

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*The following are terms and conditions only for users at pet-friendly facilities.

 

Letter of consent relating to stay with a dog

 

I, as Guest, hereby agree to understand and comply with the following matters in staying with a dog in the facility of Company.

 

Terms and conditions of stay

1.　A pet with which Guest can stay in the facility is a dog/dogs only. Guest strictly observes the number of the dogs and the size of the dog which are established in each facility.

Guest cannot bring any animal other than dogs into the facility.

2.　The dog is well trained as a house dog to the minimum extent necessary to prevent it from causing any trouble to other persons.

3.　The dog is well trained to use its toilet and does not bark uselessly or destroy the facility.

4.　The dog has got vaccinated to prevent rabies (hydrophobia) and viral infectious disease (mixed vaccine with 5 kinds or more) and the period from the date of such vaccination to the date of entry into the facility is 2 weeks or more and less than 1 year.

5.　Guest submits to Company (STAYCATION) at the time of completion of his/her reservation of the facility by e-mail or fax a copy of certificate of vaccination for the viral infectious disease to prove that the period from the date of the vaccination of the dog to the date of its entry into the facility is 2 weeks or more and less than 1 year.

6.　The dog is not a fighting dog.

7.　The age of the dog is 4 months or more after its birth.

8.　The dog has already undergone pest control including removal of fleas or ticks.

9.　If the dog is female, 4 weeks or more have passed since the start of its menstruation. The dog is unlikely to start its menstruation. The dog is not pregnant.

 

Matters to be observed for the use of the facility

1.　Guest strictly observes the place designated by the facility since each facility designates its own place available for the dog.

2.　Guest watches the dog carefully on the terrace or stairs.

3.　Guest must not go out, leaving the dog alone in the facility.

4.　Guest washes dirty parts of the dog without fail by using a washing place outdoors when Guest comes back to and enters the facility with the dog.

5.　Guest must not put the dog on the bed, sofa, chair, table or in the closet or make it sleep there.

6.　Guest watches the dog carefully to prevent it from giving any damage to the building, furniture, fixtures, fittings, garden plants or other things of the facility. If the dog gives such damage, Guest must compensate Company for such damage.

7.　Guest must not use a towel already provided in the facility for the dog.

8.　Guest must not shampoo or trim the dog in the room or at the washing place for feet by the entrance (porch) of the facility.

9.　If the dog produces urine or feces in the room or premises of the facility, Guest throws them into the trash can at the entrance (porch) of the facility and clean the dirty place sanitarily.

10.　If Guest goes out with the dog, Guest uses a leash without fail to prevent it from causing any trouble to the neighborhood. Guest brings its feces back to the facility and throws them into the trash can at the entrance (porch) of the facility.

11.　Guest complies with any and all obligations as an owner of the dog set forth in applicable laws and regulations of Japan including but not limited to the “Act on Welfare and Management of Animals” and “Rabies Prevention Law”.

 

Matters to be confirmed

1.　If Guest applies for the Services by submitting any false information, or if Guest and his/her dog breaches any provision of the Terms during the stay in the facility and significantly causes any trouble to the neighborhood or any danger or accident, Company may reject his/her stay.

Guest agrees in advance that Company cannot refund the Service Fees even in such case.

2.　If any injury, runaway or death accident, etc. occurs in relation to the stay of the accompanying dog, Company’s facility is not liable for such event.

3.　If Company’s facility or any third party incurs any damage due to the accompanying dog, Guest must compensate Company’s facility or such third party for such damage.

 

STAYCATION, Inc.

 

STAYCATION TERMS OF USE (Hotel Business/Vacation Rental)

 

An owner of facilities for vacation rental (renting and staying at a private home/room) (hereinafter called “Business Operator”) and a stayer who reserves a facility (hereinafter called “Guest”, “you” or “your”) agree to these Terms of Use (hereinafter called the “Terms”) including the terms of stay in relation to a facility operated by Business Operator (hereinafter called the “Property”) or services provided by STAYCATION Inc. (hereinafter called “Company”, “we”, “our” or “us”) at the Property (hereinafter called the “Services”) and execute an agreement on vacation rental (hereinafter called “this Agreement”) under the Terms with Company. You are required to agree to any and all terms and conditions of this Agreement as specified below in order to use the Services. If you have used any of the Services, you are deemed to have agreed to this Agreement.

 

Important matters to be understood by Guest who uses the Property

 

The Services intend to enable you to use the Property as an owner of villa and to enjoy a unique life as the owner of villa in the region or area where the Property is located. Therefore, the Services do not intend to provide you with any services with a lot of hospitality provided at the hotels or inns.

Our staff members strive to cordially make any preparations for your pleasant stay. However, at the facilities for vacation rental in resort areas, some insects or small animals may enter the room, as the case may be. Even in such case, unlike the hotels, no butler service to remove them is available. Furthermore, even in the case of wear and tear or shortage of consumables or in the case of breakage of window glass or leaking of rain due to natural disasters such as typhoon, you have to respond to such event yourself for the time being.

We cannot list all events, but you are required to do anything which you should do yourself as an owner of villa. We kindly ask you to understand that the Property is a facility for vacation rental to be used in the absence of its original owner. In addition, any failure or malfunction of equipment or fixture in the Property may put you to inconvenience. In such case, it may take some time to complete its repair or sometimes it may be irreparable, as the case may be. We may not arrange another room for replacement since each facility is a unique one.

We are afraid that we cannot refund your paid money in any of the above cases (unless Business Operator considers that the Property is unusable due to the failure of its building or equipment). We request you to apply for the Property after you fully understand the above important matters.

(Note) During your stay at the Property, we do not arrange any cleaning service.

 

1.　Purpose or type

1.1　The purpose or type of this Agreement relating to the Property is an agreement on vacation rental for its temporary use. Guest cannot use the Property for any purpose other than such original purpose. If Guest wishes to receive the Services from Company, Guest is required to register him/herself as a member (called “STAYCATION Member”).

1.2　Unlike the hotels or inns, Guest uses the Property as a base for his/her temporary life. Guest is encouraged to use it with duty of care of a good manager, cooperating with the neighborhood without causing them any problem.

1.3　Unless specially permitted by Company, Guest cannot sublease or sublet the Property or assign his/her right to use the Property to third parties.

1.4　Guest is required to vacate the Property after the expiration of period of stay. Guest cannot renew this Agreement or extend the period of stay. If Guest continues to use the Property, Guest is required to newly apply for the use of the Services and to execute an agreement on vacation rental with Company again.

 

2.　Conclusion of this Agreement

2.1　This Agreement is concluded between Guest and Company at the time when Guest applies for the use of the Services after agreeing to this Agreement, pays the service fees and related expenses (hereinafter collectively called the “Service Fees”) to Company within the period of time designated by Company, submits to Company the personal information of all persons who stay at the Property (name, address and occupation, and, for Guest with foreign nationality, passport number and a copy of passport) and Company confirms them all. If Company cannot confirm the payment of the Service Fees and the personal information of all stayers, such application is deemed to have been canceled.

2.2　The Service Fees are payable in full and in lump sum. If the Service Fees are paid by bank transfer, or If Company refunds them to Guest due to cancellation of his/her reservation, Guest bears any and all bank transfer fees.

2.3　In regard to any change to or cancellation of a reservation relating to the use of the Property and cancellation fees, etc., they are as specified on the page of each facility on this website.

2.4　If Guest changes his/her registration information, Guest is required to submit any materials requested by Company by the method designated by Company without delay.

2.5　Guest manages and stores his/her password and user ID under his/her responsibility. Guest must not cause third parties to use them or lend, transfer, change the name of, sell or otherwise dispose of such password and user ID.

2.6　Guest is liable for any damages arising from his/her insufficient management of, misuse of or third party’s use of his/her password and/or user ID. Company is not liable for such damages.

2.7　If Guest finds that his/her password or user ID is stolen or used by any third party, Guest is required to immediately notify Company of such fact and follow the instructions from Company.

 

3.　Terms and conditions of use

3.1　During the term of this Agreement, Guest can use the Services by the method designated by Company within the scope of the purpose of this Agreement without breaching this Agreement.

3.2　Company may reject Guest’s use of the Services for inevitable reasons including bad weather such as typhoon or natural disaster such as earthquake. In addition, if Company considers that the Property is unavailable, or if the Property is damaged or lost, Company immediately terminates this Agreement and refunds to Guest the Service Fees equivalent to the number of unavailable days (“a day” means 24 hours from noon to the next day’s noon) of the Property.

3.3　In the case of any natural disasters such as earthquake, fire, tsunami, typhoon or landslide or in case of emergency, Guest is required to protect his/her life him/herself. If any evacuation order is issued, Guest is encouraged to follow the instructions from the local government and to promptly take necessary actions without fail.

3.4　Guest prepares and maintains any and all computers, software, other devices, communication lines or other communication environment required to receive the Services such as reservation service of the Property at his/her expense and under his/her responsibility.

3.5　Guest takes any and all security measures to prevent computer virus infection, unauthorized access or information leakage in accordance with his/her usage environment for the Services at his/her expense and under his/her responsibility.

3.6　If Company receives any contact or inquiry from third parties, Company does not relay it to Guest to protect the privacy of Guest. Guest agrees to such Company’s responses in advance.

3.7　Non-Japanese Guest is required to submit a copy of his/her passport to enter the Property.

3.8　It cannot be used only by those under the age of 20.

 

4.　Management of the Property

4.1　The Property is a “property without a resident owner”. Unlike the hotels or inns, the Property has no staff member on duty at all times. Therefore, Guest manages the Property under his/her responsibility by taking necessary security measures including fire protection and anti-crime measures during the period of stay.

In addition, for management and security reasons, surveillance cameras are installed at the places such as exterior, garden and entrance of the Property. Guest agrees to them in advance.

4.2　The amount limit of utilities (electricity, gas and tap water, etc.) to be used at the Property which is designated by Company is as follows:

・Electricity: 67.5 kwh per day;

・Tap water: 3 cubic meters per day;

・Gas: 3 cubic meters per day; and

・Hot spring water: 1,000 L per day

(“a day” means 24 hours from noon to the next day’s noon)

The usage fees up to such amount limit are included in the Service Fees and management fees, etc. The hot spring water is available only at certain facilities. If the amount used exceeds such amount limit, Company separately charges Guest the usage fees for such excess. In addition, for the facilities located in the cold weather regions or specific facilities, Company separately charges Guest special usage fees.

4.3　Guest is required to comply with the house rules for the Property, related laws and regulations, rules established by the neighborhood association, community association and management association, etc. in the region where the Property is located as well as this Agreement.

4.4　If Guest performs any illegal act or similar act, causes any nuisance to the neighborhood or gives any significant damage to the Property which may cause Business Operator to prohibit Guest from using the Property during the use of the Property, Company may reject any and all applications from Guest for the use of the properties handled by Company since then.

4.5　If Guest uses the Property for seminars, events, parties or sale of goods, etc., Guest is required to submit to Company in advance the materials including their plans or product descriptions. In such case, if Company considers that their details are inappropriate or unsuitable, Company may reject Guest’s use of the Property even after Guest has applied for such use or Company has already received the Services Fees. Guest agrees to such Company’s responses in advance.

If Guest fails to submit the above materials by the due date designated by Company, or if Company finds that Guest uses the Property for seminars, events, parties or sale of goods, etc. after Guest starts using the Property, Company immediately terminates this Agreement and Guest immediately must cease to use the Property. In such case, Company does not refund to Guest the Service Fees and the deposit for repair already received by Company since Company applies them to part of penalty charges. Furthermore, Company does not compensate Guest for any damages incurred by Guest arising from the above measures taken by Company.

4.6　Company strictly prohibits any person other than Guest who has been registered at the time of his/her application from entering the Property (including its premises). If any person other than Guest enters the Property, such person is required to separately apply for the use of the Property, to submit his/her personal information and to pay the Service Fees in advance. Guest agrees that Company may not accept such application, as the case may be. If Guest allows such person to enter the Property without permission from Company, Company confiscates the Service Fees already paid by Guest and Guest must pay the penalty charges to Company.

4.7　Guest is required to confirm on his/her own any defacement, breakage or breakdown, etc., in relation to the Property or equipment and fixture attached to the Property on the start date of use of the Property. If Guest finds any defacement, breakage or breakdown, etc., Guest is required to notify Company of it by e-mail and by phone on such date. This notification from Guest to Company means Guest’s confirmation of the Property, but Guest needs not give such notice to Company if the Property or its equipment or fixture has no problem. However, Guest agrees in advance that Guest is obligated to pay the expenses for restoration to original state if Guest fails to give such notice to Company and Company or Business Operator finds any defacement, breakage or other failure after Guest leaves the Property.

4.8　If Guest gives any damage such as defacement, breakage, stain, failure, loss or breakdown to the Property or any equipment or fixture attached to the Property, Company charges Guest expenses for its restoration to original state. If Company finds the intent or negligence of Guest, Guest is liable for any damages arising from such intent or negligence.

4.9　Any extension, renovation, relocation, modification, remodeling or redecoration of the Property or installation of any structure or facility in the premises of the Property is strictly prohibited.

4.10　If Guest ceases to use the Property before the expiration of the period of use of the Property or shortens such period for any personal reasons, Company does not refund to Guest the Service Fees already received by Company.

4.11　Since a residential house or villa is rented as the Property, the Property may be for sale as well as for vacation rental. Therefore, Guest cannot use the Property if the Property reserved by Guest has already been sold. In such case, Guest agrees in advance that Company changes the facilities for use or refunds the Service Fees already paid by Guest. Company may be obliged to terminate this Agreement for Business Operator’s reasons or other reasons. In such case, Guest agrees in advance that Company changes the facilities or gives a refund to Guest.

 

5.　Expenses to be borne by Guest having negligence liability

5.1　In making a reservation, Guest is required to pay to Company a deposit for repair or to register his/her credit card number as a security deposit for any expenses to be borne by Guest due to his/her negligence liability in addition to the Service Fees. In principle, the deposit for repair is 50,000 Japanese Yen, but such amount depends on the facility or plan selected by Guest. Guest agrees in advance that the credit card number used by Guest in making a reservation (for payment of the Service Fees) is used as the credit card number for such registration.

5.2　The deposit for repair may be applied to any expenses to be borne by Guest who should bear negligence liability (hereinafter called “Other Expenses”) under this Agreement. If Guest falls under any of the “prohibited matters” set forth in the Article 11 or the provisions of the Article 14 (Termination; Damages), or if Guest breaches any provision of this Agreement, Company applies the deposit for repair to part of the penalty charges and does not refund it to Guest.

5.3　In the case of the registration of the credit card number, Company charges, at its discretion, actual expenses, various expenses and penalty to such credit card number of Guest.

5.4　If Company or Business Operator (including contractors of each party) confirms the Property and does not find any negligence or breach of Guest set forth above within 14 days after Guest leaves the Property, Company refunds the deposit for repair to Guest without any interest. Company bears any transfer fees charged by a domestic financial institution in Japan for such refund (In the case of transfer to a financial institution in any foreign country or to overseas, Guest bears such transfer fees).

5.5　With respect to Guest whose deposit for repair was applied to Other Expenses or part of the penalty charges under this Agreement for his/her past use of the Services, Company increases the amount of the deposit for repair for his/her next use of the Services.

 

6.　Vacation of the Property

6.1　If Guest fails to vacate the Property immediately after the expiration of this Agreement, Guest must pay twice as much money as the Services Fees as compensation for damage for a period from the expiration date of this Agreement to the completion date of such vacation.

6.2　Company disposes of, from time to time, any work, fittings, fixtures, equipment, devices or other goods left by Guest in the Property. If such disposal requires any expenses, Company charges Guest such expenses.

6.3　Business Operator explains to Guest the method of vacation when Guest vacates the Property (It varies depending on the Property. The method of vacation may be explained before Guest enters the Property, as the case may be.) The time of vacating the Property is the time when Guest notifies Business Operator of his/her vacation. That is to say, the time of vacating the Property is automatically extended until Business Operator receives such notice of vacation.

 

7.　Entry into the Property

If Company considers that Company needs to enter the Property without consent from Guest in case of emergency, no communication with Guest, repair or inspection, etc., the contractor of Company may enter the Property as an administrator of the Property.

 

8.　Photographing in the Property (including premises such as exterior and garden)

Company prohibits Guest from using any photos or videos, etc. shot in the Property by posting them or by publicly transmitting them (including making them transmittable) on any website, blog, social media, site for posting images or videos or bulletin board, etc. without permission from Company except for private use. If Guest shoots any photo or video without permission from Company for any reason whatsoever (including the case where Guest brings a lot of devices or equipment for shooting into the Property), Company charges Guest the usage fees for studio (the amount calculated by multiplying 27,000 Japanese Yen by the number of usage hours), penalty and compensation for damage. If any photo or video of the Property is leaked on the internet or sold in print form such as books or on DVD, etc., Guest must completely remove, collect and destroy such photo or video at his/her own expense within 7 days after such leakage or sale. In addition, in such case, Company charges Guest 10,000,000 Japanese Yen as compensation for damage.

 

9.　Change or cancellation of reservation

9.1　Any change or cancellation of reservation is subject to the “cancellation policy” specified in each facility on this website.(Reservations made from sites other than STAYCATION are subject to the cancellation policy set by each sales channel.)

9.2　Any change or cancellation of reservation is free of charge until the designated time when the cancellation fees are charged. Any cancellation of reservation or any change to the schedule of reservation after such designated time incurs prescribed cancellation fees for the entire period of the reservation. No-show (cancellation without notice) incurs 100% cancellation fees unless all means of transportation to the Property are unavailable due to bad weather, etc. Guest bears any transfer fees charged by a financial institution for the refund of his/her paid money in relation to a cancellation of reservation made by Guest for personal reasons.

9.3　If Guest arrives at the Property later than the arrival time submitted to Company in applying for the use of the Property, Guest is deemed to have canceled the reservation on the day.

9.4　Guest agrees in advance that Company may cancel a reservation made by Guest as a result of his/her screening, as the case may be.

9.5　Special cancellation policy in response to the development of the COVID-19 pandemic.

To show our commitment to health, safety, and security, we regret to inform that we cannot accept reservation if any of the followings applies.

・Those who have stayed or travel abroad within 14 days before the check-in date and do not meet the entry conditions ( or quarantine period ) approved by the Government of Japan.

・If any of the guest in the party have been confirmed to be infected with COVID-19 by medical institution or health organization.

・If facilities cannot be prepared to welcome guests by our staff due to any COVID-19 related restrictions or orders, or under any situation we determined that it may risk safety of all related facilities and staff, the reservations may be necessary to be cancelled.

 

10.　Optional services

With respect to optional services including various tours or treatment such as wedding party, catering, marine sport or nature walk, Guest directly executes a service agreement with each service provider. In such case, the only role of Company is to introduce such services to Guest. Therefore, Company is not liable for any accident or injury, etc. incurred by Guest arising from such services including the liability for refund of the fees of such services. Guest is required to use such optional services under his/her responsibility.

 

11.　Prohibited matters

11.1　Company prohibits Guest from performing any of the following acts. If Guest performs it in breach of this Agreement, Company confiscates the deposit for repair in full or collects the penalty charges from Guest, or Guset may be subject to both such confiscation and collection.

(a)　Smoking, fireworks, candles, bonfire or use of any fire not permitted by Company in the premises of the Property;

(If the use of fire at any place other than the places specially permitted by Company or a cigarette butt, etc. in the Property is found, Guest is deemed to have performed such act.)

(b)　Manufacture or storage of guns, swords or any hazardous substance such as explosive or ignitable substance;

(c)　Breach of the rules established by the neighborhood association, community association or management association, etc. in the region where the Property is located;

(d)　Eating, drinking or barbecuing outdoors, at the terrace or balcony or any similar act unless Company specially permits such act;

(e)　Act of making a big noise outdoors at any time of the day or night;

(f)　Act of making a noise which is dangerous or causes trouble to the neighborhood, use of TV or stereo, etc. at full volume or act of playing a musical instrument, act of significantly shining light into outdoors by using lighting equipment after sunset, or act of turning on an interior light unnecessarily until late at night;

(g)　Act which may color the Property by using artists’ paint, paint or dye in the Property;

(h)　Use of the Property as an office, etc. for the activities of any anti-social forces (such as organized crime group) or act of allowing them to enter or leave the Property;

(i)　Expansion, enlargement, renovation, relocation, modification, remodeling or redecoration of the Property, installation of any structure or facility in the premises of the Property or duplication or replacement of the key for the entrance (porch) of the Property;

(j)　Stay with any pets (including visit of any friend or acquaintance with a pet to the Property) unless Company specially permits such act;

(k)　Act of bringing any animals (including insects or similar creature) into the Property or breeding of such animals in the Property;

(l)　Act of doing business such as multilevel marketing (pyramid selling), adult entertainment or self-development seminars or of soliciting other persons to participate in such business;

(m)　Infringement of intellectual property rights, portrait right, privacy right, honor or other rights or interests of Company, other Guests, external social media business operators or any third parties (including any act of directly or indirectly causing such infringement);

(n)　Criminal acts or any other acts contrary to applicable laws and regulations or public order or morals (public policy);

(o)　Falsification of any available information relating to the Services;

(p)　Act which may interfere with Company’s operation of the Services;

(q)　Act of directing or guiding other members of the Services or third parties to other websites by using this website;

(r)　Act which Company considers to be inappropriate for the use of the Property or Services;

(s)　Act of allowing any person who has or may have infectious disease to enter the Property;

(t)　Parking a car on the street;

(u)　Entry into any prohibited areas in the Property or use of any prohibited equipment; or

(v)　Any other act which Company considers to be inappropriate.

11.2　If Company considers that any act performed by Guest in the Services falls or may fall under any of the above prohibited matters, Company can delete all or any part of the information on the Property, reserve the payment amount of the usage fees of the Property or take any other measures which Company considers to be necessary. Such measures include confiscation of the deposit for repair in full or collection of penalty charges, or settlement on request by credit card, or both of them. Company is not liable for any damages incurred by Guest due to such measures taken by Company under this paragraph.

 

12.　Cessation or suspension of Services

12.1　In any of the following events, Company can suspend or cease Guest’s use of all or any part of the Services without giving notice or making demand to Guest in advance.

(a)　If Guest breaches any provision of this Agreement;

(b)　If any registration information of Guest is found to be false;

(c)　If Guest uses or attempts to use the Services for any purpose or by any method which may give damage to Company, other Guests, external social media business operators or any third parties;

(d)　If Guest interferes with the operation of the Services by any means whatsoever;

(e)　If Company periodically or urgently inspects or maintains any computer systems used for the Services;

(f)　If Company cannot operate the Services due to force majeure such as fire, power outage or natural disaster;

(g)　If Company has difficulty in providing the Services due to failure or unavailability of any equipment for construction necessary to provide the Services; or

(h)　If Company considers that the suspension or cessation of the Services is necessary.

12.2　Company is not liable for any damage incurred by Guest arising from any act performed by Company under this article.

 

13.　Disclaimer

13.1　If Guest or any person accompanying Guest incurs any damage due to accident, injury, theft or other event not attributable to Company or Business Operator around or in the Property or in the parking lot, neither Company nor Business Operator is liable for such damage.

13.2　Neither Company nor Business Operator is liable for any trouble (including connection failure) in relation to the internet connection in the Property.
(Note) Some properties have no equipment for the internet connection.

 

14.　Termination; Damages

14.1　If the building, equipment or fixture, etc. of the Property needs to be restored to original state due to the intent, negligence or inappropriate use of Guest or any person accompanying Guest, Guest must compensate Company for any and all expenses for such restoration, Company’s and Business Operator’s business suspension during the work period of such restoration and damages incurred by Company and/or Business Operator.

14.2　If Guest breaches any of his/her obligations set forth in this Agreement or performs any act which falls under any of the prohibited matters in using the Property, Company immediately terminates this Agreement and Guest must immediately cease to use the Property and vacate the Property. In such case, Company does not refund any of the Service Fees already received by Company from Guest. Furthermore, Company applies the deposit for repair to part of the penalty charges and does not refund such deposit to Guest. In the case of registration of the credit card number, Company, at its discretion, charges the credit card company such penalty and Guest must pay such penalty from his/her credit card.

14.3　Only if Company gives any damage to Guest by its intent or gross negligence in performing this Agreement, Company compensates Guest for direct damage incurred by Guest. In other cases, Company is exempt from the liability for damage compensation.

14.4　In regard to any complaint or claim relating to the Property, Company accepts it only from the representative of Guest who is a party to this Agreement.

14.5　Company is not liable for any loss or theft, etc. of valuable goods of Guest in the Property.

14.6　Company is not liable for any accident or injury, etc. incurred by Guest not attributable to the Property or Company.

 

15.　Change to the Services or the Terms

15.1　Company can discontinue the provision of the Services for its personal reasons.

15.2　Company may change or revise the details of the Terms without prior notice to Guest. In such case, the Terms and this Agreement executed under the Terms after such change or revision bind on Guest. Guest is required to use the Services without fail only after confirming and understanding the details of such changed or revised Terms.

 

16.　Original text; Governing law

The original text of this Agreement is written in Japanese. This Agreement is governed by and construed in accordance with the laws of Japan.

 

17.　Jurisdiction

Any and all disputes arising out of or in relation to the Terms or this Agreement are subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court of Japan for the first trial.

 

——————————–
*The following are terms and conditions only for users at pet-friendly facilities.

 

Letter of consent relating to stay with a dog

 

I, as Guest, hereby agree to understand and comply with the following matters in staying with a dog in the facility of Company.

 

Terms and conditions of stay

1.　A pet with which Guest can stay in the facility is a dog/dogs only. Guest strictly observes the number of the dogs and the size of the dog which are established in each facility.

Guest cannot bring any animal other than dogs into the facility.

2.　The dog is well trained as a house dog to the minimum extent necessary to prevent it from causing any trouble to other persons.

3.　The dog is well trained to use its toilet and does not bark uselessly or destroy the facility.

4.　The dog has got vaccinated to prevent rabies (hydrophobia) and viral infectious disease (mixed vaccine with 5 kinds or more) and the period from the date of such vaccination to the date of entry into the facility is 2 weeks or more and less than 1 year.

5.　Guest submits to Company (STAYCATION) at the time of completion of his/her reservation of the facility by e-mail or fax a copy of certificate of vaccination for the viral infectious disease to prove that the period from the date of the vaccination of the dog to the date of its entry into the facility is 2 weeks or more and less than 1 year.

6.　The dog is not a fighting dog.

7.　The age of the dog is 4 months or more after its birth.

8.　The dog has already undergone pest control including removal of fleas or ticks.

9.　If the dog is female, 4 weeks or more have passed since the start of its menstruation. The dog is unlikely to start its menstruation. The dog is not pregnant.

 

Matters to be observed for the use of the facility

1.　Guest strictly observes the place designated by the facility since each facility designates its own place available for the dog.

2.　Guest watches the dog carefully on the terrace or stairs.

3.　Guest must not go out, leaving the dog alone in the facility.

4.　Guest washes dirty parts of the dog without fail by using a washing place outdoors when Guest comes back to and enters the facility with the dog.

5.　Guest must not put the dog on the bed, sofa, chair, table or in the closet or make it sleep there.

6.　Guest watches the dog carefully to prevent it from giving any damage to the building, furniture, fixtures, fittings, garden plants or other things of the facility. If the dog gives such damage, Guest must compensate Company for such damage.

7.　Guest must not use a towel already provided in the facility for the dog.

8.　Guest must not shampoo or trim the dog in the room or at the washing place for feet by the entrance (porch) of the facility.

9.　If the dog produces urine or feces in the room or premises of the facility, Guest throws them into the trash can at the entrance (porch) of the facility and clean the dirty place sanitarily.

10.　If Guest goes out with the dog, Guest uses a leash without fail to prevent it from causing any trouble to the neighborhood. Guest brings its feces back to the facility and throws them into the trash can at the entrance (porch) of the facility.

11.　Guest complies with any and all obligations as an owner of the dog set forth in applicable laws and regulations of Japan including but not limited to the “Act on Welfare and Management of Animals” and “Rabies Prevention Law”.

 

Matters to be confirmed

1.　If Guest applies for the Services by submitting any false information, or if Guest and his/her dog breaches any provision of the Terms during the stay in the facility and significantly causes any trouble to the neighborhood or any danger or accident, Company may reject his/her stay.

Guest agrees in advance that Company cannot refund the Service Fees even in such case.

2.　If any injury, runaway or death accident, etc. occurs in relation to the stay of the accompanying dog, Company’s facility is not liable for such event.

3.　If Company’s facility or any third party incurs any damage due to the accompanying dog, Guest must compensate Company’s facility or such third party for such damage.

 

STAYCATION, Inc.

 

Arranged Tour Contract Part

 

Chapter 1 – General Provisions

（Scope of Application）
Article 1 The Arranged Tour Contract (defined in Article 2) to be executed between our Company and the traveler shall be based on the general conditions set forth herein (hereinafter referred to as the “General Conditions”). Any matter not stipulated in the General Conditions shall be governed by ordinance or generally established practice.
2 Notwithstanding the provisions of the preceding paragraph, where we execute a special contract (hereinafter referred to as the “Special Contract”) with the traveler in writing without violating the relevant laws and harming the interests of the traveler, such a Special Contract shall be given priority.
（Definition of Terminology）

Article 2 In the General Conditions, “Arranged Tour Contract” or, within this Part, “Contract” shall mean the contract under which we undertake to make arrangements at the request of the traveler by representing him/her, or acting as his/her intermediary, or playing an introductory role for him/her, so that he/she may be provided with services, such as transportation and accommodation offered by transportation and accommodation facilities, etc., and other services related to the travel (hereinafter referred to altogether as the “Tour Service”).
2    In the General Conditions, “Domestic Trip” shall mean trips planned for only inside Japan, and “Overseas Trip” shall mean trips other than Domestic trips.

3  In the General Conditions, “Tour Price” shall mean the expenses paid by our Company for the transportation charges, accommodation charges, and other expenses payable to the transportation and accommodation facilities, etc., to arrange the Tour Service, and, in addition, the handling charge of the Tour Service that is set by us (excluding handling charges for alteration and cancellation procedures).

4   In this Part, “Communication Contract” shall mean the Arranged Tour Contract, which is executed between us and the card member of the credit card company affiliated with our Company (hereinafter referred to as the “Affiliated Company”), by subscription through telephone, mail, facsimile, or other means of communication, subject to prior consent of the traveler to the effect that the claims or obligations held by us, such as those in regard to the Tour Price, etc., under the Arranged Tour Contract are settled on or after the due date of those claims or obligations according to the separately provided card membership rules of the Affiliated Company and also subject to payment of the Tour Price, etc. by the method specified in Article 16, paragraph 2 or paragraph 5.
5   In this Part, “Electronic Consent Notice” shall mean a notice issued in acceptance of the subscription for a contract

and transmitted by means of transmission, among the methods utilizing information-communication technologies, via telecommunication lines connecting the computer, facsimile, telex or telephone (hereinafter referred to as the “Electronic Computer, etc.”) being used by us with the Electronic Computer, etc. being used by the traveler.
6   In the General Conditions, “Date Card Used” shall mean the date when the traveler or our Company is obligated to pay the Tour Price, etc. or execute the refundable liability pursuant to the Arranged Tour Contract.
（Termination of Liability for Arrangements）

Article 3 When we have made arrangements for the Tour Service with the care of a good manager, the fulfillment of our liability based on the Arranged Tour Contract shall terminate. Therefore, even if contracts are not executed with transportation and accommodation facilities, etc. due to such causes as capacity fully filled, shutdown, inappropriate condition, etc., when we have fulfilled our obligations, the traveler will be required to pay to us the handling charge of the Tour Service set by us (hereinafter referred to as the “Handling Charge”). Where a Communication Contract has been executed, the Date Card Used will be the date on which we inform the traveler that we have not been able to execute a contract with the transportation and accommodation facilities, etc. to provide Tour Services.
（Reservation Agents）

Article 4 We may engage other travel agents, professional arrangers, or other helpers inside and outside Japan in order

to have them make arrangements in whole or in part on our behalf to implement the Arranged Tour Contract.

 

Chapter 2 – Execution of the Contract

（Subscription for the Contract）
Article 5 The traveler who intends to execute an Arranged Tour Contract with us will be required to fill in specified particulars on the application form prescribed by us and submit it to us together with the subscription fee that we have separately specified (hereinafter referred to as the “Application Fee”).
2   Notwithstanding the provision of the preceding paragraph, the traveler who intends to execute a Communication Contract with us will be required to notify us of his/her membership number and the content of the Tour Service to be subscribed.
3   The Application Fee specified in paragraph 1 will be treated as part of the money payable to us by the traveler, such as the Tour Price or cancellation fee.

（Refusal of the Execution of the Contract）

Article 6 We may not agree to execute an Arranged Tour Contract in any one of the following cases:
a.   Where the Communication Contract is intended to be executed, and the traveler is unable to settle, in whole or in part, the liability related to his or her Tour Price, etc. as stipulated in the card membership rules of the Affiliated Company. Such reasons may be due to, but not limited to, the credit card as held by the traveler in question, being found to be invalid;
b.   Where the traveler is recognized as a gang member, an associate gang member, a person or a company related to crime syndicates, a corporate racketeer or any other antisocial forces;
c.   Where the traveler made a demand to us using forceful behaviors, made unjust claims to us, made use of threatening acts or statements or violent acts or behavior in connection with any transaction between the parties, or made use of other acts or behavior equivalent to these;
d.   Where the traveler committed acts which may damage our credibility or obstruct our business by spreading false rumors, by using fraudulent means, or by force, or by other acts or behavior equivalent to these; or
e.   Where there is an inconvenience related to our business.

（Time of the Execution of the Contract）
Article 7 The Arranged Tour Contract will be executed when we have accepted the execution of the Contract and have received the Application Fee specified in Article 5, paragraph 1.
2   Notwithstanding the provision of the preceding paragraph, the Communication Contract shall be executed when we have sent out a notice to the effect that we accept the application described in Article 5, paragraph 2. However, in the case that an Electronic Consent Notice is sent out under the said Contract, the Contract will be considered executed when the said notice reaches the traveler.
（Special Rules Related to the Execution of the Contract）

Article 8 Notwithstanding the provision of Article 5, paragraph 1, we may execute the Arranged Tour Contract merely by accepting the execution of the Contract under a Special Contract entered into in writing without receiving payment of the Application Fee.
2   In the case of the preceding paragraph, the time of the execution of the Arranged Tour Contract shall be stated in the

document described in the preceding paragraph.

（Special Rules Related to Tickets and Accommodation Coupons, etc.）
Article 9 Notwithstanding the provisions of Article 5, paragraph 1 and the preceding Article, paragraph 1, we may accept subscription orally when the Arranged Tour Contract, with the purpose to only arrange for transportation services or accommodation services, requires us to deliver a document indicating the right to receive the offering of the said Tour Service in exchange for the Tour Price.
2   In the case of the preceding paragraph, the Arranged Tour Contract shall be executed when we accept the execution of the Contract.
（Contract Document）
Article 10 Promptly after the execution of the Arranged Tour Contract, we will deliver to the traveler a document that

describes particulars concerning the itinerary, content of the Tour Service, the Tour Price, other conditions of the Tour, as well as matters concerning our Company’s responsibility (hereinafter referred to as the “Contract Document”). There are cases, however, where we do not deliver the said Contract Document when we deliver a document indicating the right to receive all the Tour Service, such as transportation tickets, accommodation coupons and other services which we have arranged.
2   Where we have delivered the Contract Document described in the preceding paragraph,

the scope of the Tour Service for which we will be responsible to arrange for under the Arranged Tour Contract will be as stated in the said Contract Document.
（Method of Utilizing Telecommunication Technology）

Article 11 Instead of physically delivering to the traveler the document or the Contract Document to be delivered at the time when the traveler is about to execute the Arranged Tour Contract which describes details such as the itinerary, content of the Tour Service, the Tour Price, other conditions of the Tour, and matters regarding our responsibility, when we have provided the traveler, with his/her prior consent, with such details to be described in the said document (hereinafter referred to in this Article as the “Described Details”) by means of utilizing telecommunications technology, we will confirm that the Described Details have been recorded on a file as equipped in the communications equipment used by the traveler.
2   In the case of the preceding paragraph, when the communications equipment used by the said traveler is not equipped with a file for recording the Described Details, we will record the Described Details on a file (confined for exclusive use of said traveler) as equipped in the communications equipment used by us, and confirm that said traveler has viewed the Described Details.

 

Chapter 3 – Alteration and Cancellation of the Contract

（Alteration of Content of Contract）
Article 12 The traveler may request us to change the content of the Arranged Tour Contract, such as itinerary, content of Tour Service, and other conditions of the Arranged Tour Contract, etc., in which case we will try to accommodate the traveler’s request to the extent possible.
2   Where the content of the Arranged Tour Contract is changed at the request of the traveler pursuant to the preceding paragraph, the traveler will be required to bear the cancellation fees and penalty charges payable to the transportation and accommodation facilities, etc. and other expenses required to change arrangements, where arrangements already made are being cancelled, and in addition, the traveler will be required to pay to us our prescribed handling charge for the changes. Furthermore, the increase or decrease of the Tour Price arising from such changes of the content of the Arranged Tour Contract shall be borne by the traveler.
（Discretionary Cancellation by the Traveler）

Article 13 The traveler may cancel the Arranged Tour Contract in whole or in part at any time.
2   When the Arranged Tour Contract has been cancelled pursuant to the provision of the preceding paragraph, the traveler will be required to pay the cancellation fee, penalty charge, and other expenses already paid or payable to the transportation and accommodation facilities, etc., as well as the handling charge for the cancellation as prescribed by our Company as well as the handling charge that we were to receive, in return for the Tour Service already received, or for the Tour Service not yet received.
（Cancellation Due to Causes Attributable to the Traveler）

Article 14 We may cancel the Arranged Tour Contract in one of the following instances:
a.  If the traveler does not pay the Tour Price by the specified due date;
b.  Where the Communication Contract has been executed, but the traveler has become unable to settle his/her liability related to the Tour Price, etc. in whole or in part according to the membership rules of the Affiliated Company, due to such causes as the credit card held by the traveler becoming invalid; or

c.  When it is found that the traveler falls under any of Article 6, items b through d.
2 When the Arranged Tour Contract has been cancelled pursuant to the provision of the preceding paragraph, the traveler will be required to bear the cancellation fee, penalty charge, and other expenses already paid or payable to the transportation and accommodation facilities, etc. for the Tour Service not yet received, and in addition, to pay to us the handling charge for the cancellation procedures as prescribed by our Company as well as the handling charge that our Company would have received.
（Cancellation Due to Causes Attributable to Our Company）

Article 15 When the arrangement for the Tour Service become impossible due to causes attributable to us, the traveler may cancel the Arranged Tour Contract.
2   When the Arranged Tour Contract has been cancelled pursuant to the provision of the preceding paragraph, we will reimburse to the traveler the Tour Price already received, after deducting the expenses already paid to the transportation and accommodation facilities, etc. in return for the Tour Service already received by the traveler, as well as the expenses payable after the cancellation for the Tour Service already received.
3   The provision of the preceding paragraph will not prevent the traveler from claiming compensatory damages against us.

 

Chapter 4 – Tour Price
（Tour Price）
Article 16 The traveler will be required to pay the Tour Price no later than the period prescribed by our Company which is prior to the start of the Tour.
2   When the Communication Contract has been executed, we will receive payment of the Tour Price by using the card of the Affiliate Company without obtaining the traveler’s signature on the voucher prescribed by us, in which case the Date Card Used shall be considered the date when we have informed the traveler of the content of the Tour Service determined by us.
3   We may change the Tour Price prior to the start of the Tour, when changes in the Tour Price have occurred caused by revisions to the fares and charges of transportation and accommodation facilities, etc., changes in foreign exchange rates, etc.
4   In the case of the preceding paragraph, the increase or decrease of the Tour Price shall be borne by the traveler.
5   When we have executed the Communication Contract with the traveler, and expenses payable by the traveler have accrued under the provisions of Chapter 3 and Chapter 4, we will receive payment of the said expenses by using the card of the Affiliate Company without obtaining the traveler’s signature on the prescribed voucher. In this case, the Date Card Used shall be considered the date when we inform the traveler of the amount of the expenses payable to us by the traveler or the amount reimbursable by us to the traveler. However, where we have cancelled the Arranged Tour Contract pursuant to the provision of Article 14, paragraph 1, item b, the traveler will be required to pay to us the expenses, etc. payable to us by the traveler by no later than the date set by us using the method prescribed by us.
（Settlement of the Tour Price）

Article 17 Where the amount of the expenses paid by us to the transportation and accommodation facilities, etc. to arrange for the Tour Service, which is to be borne by the traveler, and the handling charge (hereinafter referred to collectively as the “Tour Price Settled”) does not agree with the amount we have already received as the Tour Price, we will settle the Tour Price promptly after the Tour finishes, in accordance with the provisions of the following two paragraphs.
2   If the Tour Price Settled exceeds the amount already received by us as the Tour Price, the traveler will be required to pay the difference to us.

3   If the Tour Price Settled is less than the amount already received by us as the Tour Price, we will reimburse the difference to the traveler.

 

Chapter 5 – Arrangement for Organizations and Groups

（Arrangement for Organizations and Groups）
Article 18 We will apply the provisions of this Chapter to the execution of the Arranged Tour Contract where we have received subscriptions from two or more travelers who are to travel the same route at the same time, by appointing a responsible person to represent them (hereinafter referred to as the “Contract Representative”).
（Contract Representative）

Article 19 Unless a Special Contract is made, we will consider the Contract Representative as the person holding all the power of representation concerning the execution of the Arranged Tour Contract for the travelers who compose his/her organization or group (hereinafter referred to as the “Constituent Members”), and we will conduct all transactions concerning the tour business related to the said organization or group and the business specified in Article 22, paragraph 1 with the Contract Representative.
2   The Contract Representative will be required to submit a list of the Constituent Members or inform us of the number of the Constituent Members by the date set by us.
3   We will not be held responsible for any liability or obligation to the Constituent Members which the Contract Representative currently assumes or is expected to assume in the future.
4   Where the Contract Representative does not accompany his/her organization or group, one of the Constituent Members appointed by the Contract Representative beforehand shall be considered by us as the Contract Representative after the start of the Tour.

（Special Rules for the Execution of the Contract）

Article 20 Notwithstanding the provision of Article 5, paragraph 1, when we execute the Arranged Tour Contract with the Contract Representative, we may accept the execution of the Arranged Tour Contract without receiving payment of the Application Fee.
2   When we execute the Arranged Tour Contract with the Contract Representative without receiving payment of the Application Fee under the provision of the preceding paragraph, we will deliver to the Contract Representative a document stating to that effect, and the Arranged Tour Contract will be considered to be executed upon our delivery of said document.
（Change of Constituent Members）

Article 21 When the Contract Representative has expressed a wish to change some of the Constituent Members, we will accommodate his/her wish to the extent possible.
2 The increase or decrease of the Tour Price arising from the change described in the preceding paragraph and the expenses required for the said change shall be borne by the Constituent Members.
（Escort Service）

Article 22 We may provide escort services at the request of the Contract Representative by having a tour escort accompany the organization or group.
2   In general, the content of the escort service to be performed by the tour escort will be services required for conducting the Tour of the organization or group as a group according to the itinerary determined beforehand.

3   In general, the service hours during which the tour escort will provide the escort services will be from 8:00 to 20:00 hours local time.
4   When we offer escort services, the Contract Representative will be required to pay to us our prescribed escort service charge.

 

Chapter 6 – Responsibility

（Responsibility of Our Company）
Article 23 In the course of implementing the Arranged Tour Contract, we will be responsible for compensating for damage caused to the traveler by willful misconduct or negligence by our Company or by our agent who has been engaged by us to make arrangements on our behalf under the provision of Article 4 (hereinafter referred to as the “Reservation Agent”), but only if notice has been given to us within two years from the day immediately following the day when the said damage occurred.
2   Where the traveler has suffered damage due to causes beyond the control of our Company or our Reservation Agent,

such as acts of God, acts of war, civil commotion, suspension of Tour Services by transportation and accommodation facilities, etc., orders from government and other public agencies, and other such causes, we will not be held responsible to indemnify, except in the case of the preceding paragraph.
3   With regards to damage caused to baggage as described in paragraph 1, notwithstanding the provision of the said paragraph, we will indemnify up to the maximum amount of ¥150,000 per traveler (except where the said damage has been caused by us by willful misconduct or gross negligence), only if we have been notified of the said damages within 14 days in the case of a Domestic Trip and within 21 days in the case of an Overseas Trip, respectively, from the day immediately following the day when the said damage occurred.
（Responsibility of the Traveler）

Article 24 If we suffer damage due to the willful misconduct or negligence of the traveler, the said traveler will be required to compensate us for the said damage.
2   When the traveler executes the Arranged Tour Contract, the traveler will be required to make efforts to understand the content of the Arranged Tour Contract, such as the rights, obligations, etc. of the traveler, by utilizing the information provided by us.
3   Should the traveler realize that the Tour Service being offered differs from that as stated in the Contract Document after the Tour starts, in order for the traveler to smoothly receive the Tour Service as described in the Contract Document, the traveler will be required to report promptly to us, our Reservation Agent, or the provider of the said Tour Service at the location that is being toured.

 

Chapter 7 – Business Guarantee Bonds (If Not a Security Member of the Association of Travel Agents)

（Business Guarantee Bonds）
Article 25 The traveler or the Constituent Member, who has executed the Arranged Tour Contract with us, is entitled to be reimbursed from business guarantee bonds deposited by us, under the provision of Article 7, paragraph 1 of the Travel Agency Law in conjunction with claims arising from said transaction.

2   The name and location of the deposit office where we have deposited the business guarantee bonds are as follows:

a.  Name　Tokyo Legal Affairs Bureau.
b.  Location　1-1-15 Kudamminami, Chiyoda-ku, Tokyo

 

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*The following are terms and conditions only for users at pet-friendly facilities.

Agreement for Dog Stay

For the dog stay, I agree to keep the following items to stay in STAYCATION’S accommodation.

 

<Condition>
1. Please adhere strictly to the number and size of each facility, and other animal is unacceptable.
2. The dog must be trained not to disturb other people.
The dog must be trained for toilet, not to bark often, not to destroy our facility
3. The dog must have a rabies vaccination and viral and epidemic vaccination (a multiple
vaccination of more than five.) At the beginning of the stay, it must be at least 2 weeks since
the vaccination and no more than 1 year.
4. Send the copy to the contact desk for the proof -the vaccination.
5. The dog is not the dog for dogfight. The dog has to be small-size dog or medium-size dog.
6. The dog must be older than 4 months.
7. The dog must be done the flea and tick control.
8. If the dog is female, it should be past more than 4 weeks after the first menstruation. There
is no possibility to have menstruation during the stay and be sure the dog is not pregnant.

 

<Promises>
1. As for the space where dogs can use, please strictly follow the designated location for each facility.
2. Pay attention to the dog at the corkscrew stair.
3. Not to leave the dog alone in the house.
4. Clean the dog’s leg at the entrance when back to the house. Not to use the towel for the dog.
5. Keep the dog from the beds, sofa, chairs, tables, and closet.
6. Pay attention not to destroy our facility ‒furniture, equipment, plant, and others. If there
is destruction or damage I will pay the charge.
7. Not to do shampoo or trim the dog neither inside the house nor at the porch.
8. If it happens evacuation in the room or the premises, I will flush the excretion in the toilet
and clean up the place using the cleaner.
9. You are sure to use the lead when go out with the dog and bring the excretion to the home and flush it
in the toilet.
10. Not to leave the dog when you order the room cleaning.
11. I will keep any duty of the dog’s owner including animal‒protections or any law.

 

<Confirmation>
1. If you make a false statement or break the agreement and you make trouble or accident to the
neighbors, we refuse your accommodation. In this case the charge will not be refund to you.
2. It is your responsibility if the dog escape or get injures, or die.
3. You must pay the charge of damage if your dogs damage our equipment or the neighbor.

 

Feb, 2020
STAYCATION, Inc.