Accommodation agreement

Guests making bookings are required to accept these terms.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES.

Accommodation Agreement

  1. This Agreement is between the Guest named on the Booking Summary (“you”) and the homeowner (“the Homeowner”) of the accommodation as detailed in the Booking Summary (“the Accommodation”). The Homeowner is the owner of the Accommodation or the person who is duly authorised to arrange rentals of the Accommodation. This Agreement details the terms and conditions which apply between you and the Homeowner relating to your rental of the Accommodation.
  2. Molfo LLC, which operates the nimonkyoto.com website (“NIMON KYOTO”) is the Homeowner’s agent for the purpose of this Agreement but is not the Homeowner. Please note that this Agreement is between you and the Homeowner (for details of the terms which apply between you and NIMON KYOTO, please see here, referred to as the Guest services agreement).
  3. This Agreement is a licence to occupy the Accommodation during the agreed period as set out in the Booking Summary (“Rental Period”). You are not a tenant of the Accommodation and you have not been granted exclusive possession of the Accommodation. You are renting the Accommodation under a licence of occupation.

1. Booking and Cancellation

  1. The Booking Summary which you have accepted is not a booking confirmation, the Accommodation will be booked for the Rental Period upon dispatch of a Confirmation of Booking and the Homeowner is not obliged to make the Accommodation available, nor is a binding contract in place, until such time as the Confirmation of Booking has been sent to you by email.
  2. On dispatch of the Confirmation of Booking you will be liable to pay the fees due in full and NIMON KYOTO will collect a prepayment for an amount as set out in the Booking Summary (which may be the entire amount of the fees due).
  3. Unless otherwise specified in the Booking Summary the following cancellation policy will apply. If you cancel a booking within 48 hours of dispatch of your Confirmation of Booking, provided you book more than seven days prior to your stay, then you are entitled to a full refund. If you cancel a booking more than 7 days prior to commencement of the Rental Period then you will be liable to pay 50% of the full accommodation rental fees as set out in the Confirmation of Booking (“Accommodation Fees”) for the entirety of the Rental Period (and you authorise NIMON KYOTO to deduct such sums from the credit or debit card details which you supplied when making the booking).
  4. If you cancel a booking 7 days or less prior to the commencement of the Rental Period then you will be liable to pay the full Accommodation Fees for the entirety of the Rental Period (and you authorise NIMON KYOTO to deduct such sums from the credit or debit card which you supplied when making the booking).
  5. The Homeowner is not entitled to cancel a booking once a Confirmation of Booking has been sent. However there may be circumstances beyond the reasonable control of the Homeowner or emergencies in which the Accommodation is unavailable for all or part of a Rental Period and in those exceptional circumstances we will do what we can to assist and the Homeowner will arrange (through NIMON KYOTO) for suitable alternative accommodation during the Rental Period (which will, if possible, be of comparable quality and character and may be 3-4 star hotel accommodation within 2 miles of the location of the Accommodation). If alternative Homeowner accommodation is available then your contract with the Homeowner may be terminated and NIMON KYOTO will arrange for a new agreement entered into with a new Homeowner.
  6. Each Accommodation Agreement represents a contract to occupy a given property on given dates. Any variation of dates or accommodation will amount to a cancellation of a booking, unless the Homeowner or NIMON KYOTO agree otherwise.
  7. In the event that the Accommodation becomes unavailable during the Rental Period and in the event that you do not accept any suitable alternative accommodation which is offered to you in accordance with Clause 5 then you are entitled to cancel the booking and the relevant proportion of any amounts paid will be refunded to you, but neither the Homeowner or NIMON KYOTO will be liable to you for any further amounts in respect of the cancellation of the booking.

2. Fees and Charges

  1. You agree to pay the Accommodation Fees as set out in the Booking Summary without deduction you also agree to discharge the cost of any damage to the Accommodation or contents and to pay any fees in relation to overstaying.
  2. The Accommodation Fees set out in the Booking Summary are for rental of the Accommodation only. No additional concierge or other services which you book through NIMON KYOTO are included – please see here for terms and conditions relating to concierge and other services.
  3. By accepting these terms you agree to pay the Accommodation Fees in full and you authorise NIMON KYOTO to collect the full amount referred to in the Booking Summary immediately. On commencement of the Rental Period the remainder of the Accommodation Fees will be taken by NIMON KYOTO’s check-in staff. If you fail to turn up to a booking or check-in then for the avoidance of doubt you will be responsible for the entire Accommodation Fees for the booking (and you hereby authorise NIMON KYOTO to deduct such sums from the credit or debit card which you supplied when making the booking).
  4. All fees and charges will be collected by NIMON KYOTO on behalf of the Homeowner and will be inclusive of VAT.

3. Security Deposit

  1. When you commence your stay at the Accommodation NIMON KYOTO will pre-authorise or deduct an amount from a credit or debit card (which may be different to the details which were supplied when booking) by way of security deposit and the Homeowner will be entitled to make deductions from this credit or debit card through NIMON KYOTO in the event of any damage to the Accommodation or its contents or in the event of late check-out or overstaying.

4. Check-Out

  1. The check-out time at the Accommodation is as stated in the Booking Summary. Unless you have agreed a late check-out with NIMON KYOTO or a further period of rental then you will be responsible for a full day’s Accommodation Fee for any overstaying. If you overstay by more than 2 hours then we reserve the right to enter the Accommodation, remove your belongings, change the locks to the Accommodation and take such further action as may be necessary (and we will charge you for the costs of any such action) you will also be liable for an additional fee of 25,000 JP Yen per day (or part thereof) for any unauthorised overstaying.

5. Safety and Conduct

  1. You have primary responsibility for your own safety during your stay at the Accommodation. You must read any fire or health & safety guidance which is provided to you and you must listen to any instructions or explanations which are provided by NIMON KYOTO’s check-in staff when showing you around the Accommodation.
  2. If you become aware of anything during your stay which you believe is a health & safety risk you must inform NIMON KYOTO immediately.
  3. You must comply with our Membership Rules (available here) and you must also comply any building regulations and House Rules and any reasonable directions of the Homeowner or NIMON KYOTO. The House Rules will be supplied to you when you check-in.
  4. NIMON KYOTO will not tolerate any verbal or physical abuse towards any of its staff or representatives.
  5. You may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time together with such number of additional guests as may be specified in the Booking Summary. This Agreement is personal to you and may not be transferred to any other person. The Homeowner will not allow any person other than the person named in the Booking Summary to access or occupy the Accommodation during the Rental Period.
  6. The Accommodation information specifies the maximum permitted number of guests who are authorised to stay in the Accommodation. If you allow more than the maximum number of people to occupy or stay in the Accommodation the rental may be terminated immediately and you will be liable to pay a supplement of up to 25,000 JP Yen per night in respect of each unauthorised guest and the rental may be terminated immediately.
  7. In addition to complying with the Membership Rules and House Rules and all reasonable directions you also agree that you will:
    • keep the Accommodation clean, tidy and clear of rubbish and leave the Accommodation in the same condition as you find it;
    • not keep or take any pets or animals into the Accommodation (unless otherwise agreed with us and specified as pet-friendly in the Booking Summary);
    • not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach in whole or in part any insurance effected in respect of the Accommodation from time to time;
    • if the Accommodation is part of a building or complex with common parts, not obstruct or leave any objects or waste in any common parts;
    • not leave any obstruction outside of the Accommodation;
    • not take any property, belongings or personal effects at the Accommodation;
    • not to move any furniture from its original position and/or room within the Accomodation;
    • not to do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the Homeowner or to tenants or occupiers of the building or any owner or occupier of neighbouring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;
    • not conduct any illegal or immoral activity from the Accommodation;
    • not conduct any business or commercial activity whatsoever from the Accommodation;
    • not make any alteration or addition whatsoever to the Accommodation or its contents;
    • not use the Accommodation for any purpose other than for personal accommodation;
    • not invade the privacy of the Homeowner nor publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Homeowner (even if such information is already in the public domain).
  8. You hereby indemnify the Homeowner in respect of any costs, claims, liabilities or expenses suffered or incurred by the Homeowner (or their agents) in respect of any breach of this clause. In the event of breach your membership of NIMON KYOTO may be terminated in accordance with the Guest services agreement.

6. Property Damage

  1. NIMON KYOTO recommends that you hold personal insurance for accidental damage and personal liability.
  2. If on arrival at the Accommodation you discover anything is missing or damaged then this must be reported to NIMON KYOTO immediately otherwise it will be presumed that the damage/loss was caused by you and a charge will be made.
  3. You must notify NIMON KYOTO of any damage to the Accommodation, contents fixtures or fittings which occurs during your stay, even if you regard the damage as fair wear and tear or if you do not believe the damage is your fault.
  4. Any deductions for property damage will be taken from the credit or debit card you have supplied and/or on which we have pre-authorised an amount as a security deposit but for the avoidance of doubt you will be liable for the full amount of any damage and not just the amount pre-authorised by way of deposit.

7. Liability and Claims

  1. Any claims made by you under this Agreement must be made initially through NIMON KYOTO. NIMON KYOTO has the authority to negotiate and settle claims on behalf of the Homeowner.
  2. The Homeowner will not be liable to you for any business, financial or economic loss or for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this Agreement, the Accommodation or the rental (whether such loss arises as a result of the Homeowner’s negligence or otherwise). This also includes any compensation for noise, inconvenience or nearby construction.
  3. The Homeowner’s liability for all losses (with the exception of personal injury or death arising as a result of negligence) will be limited to the cost of obtaining replacement accommodation for the agreed Rental Period or the amount of the Accommodation Fees and charges payable by you, whichever is the higher amount.

8. Comments/Complaints

  1. Every reasonable care will be taken to ensure that the Accommodation is presented to you to a high standard. Should you find on arrival that there is a problem, or cause for complaint, you should immediately refer this to the NIMON KYOTO representative on arrival or contact NIMON KYOTO. Reasonable steps will be taken to assist you.
  2. The Homeowner acting through NIMON KYOTO is committed to ensuring that any problems or complaints you may have whilst at the Accommodation are resolved efficiently and promptly, but as such we must be given the opportunity to do so. Any failure to notify NIMON KYOTO immediately or refusal of reasonable rectification may affect your right to compensation.
  3. You must be contactable on the email address provided to you or provide another telephone number so that NIMON KYOTO can communicate with you about the problems or complaints. You must not independently move to other accommodation without first allowing the Homeowner (acting through NIMON KYOTO) the reasonable opportunity to assist in resolving the complaint or problem. If you do so, or refuse reasonable rectification, this may affect your right to any compensation.
  4. You must formally confirm any unresolved complaint in writing by email to NIMON KYOTO within 28 days of the end of your Rental Period.

9. General

  1. You agree that you have the power to enter into this Agreement.
  2. You will not be entitled to withhold by way of set-off, deduction, counterclaim any amounts which you owe to the Homeowner against any amounts that that may be owed to you.
  3. The Homeowner will be entitled to sub-contract or delegate their obligations under this Agreement.
  4. The Homeowner will not be liable to you or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, subsidence, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest.
  5. Save in the case of fraud these terms represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
  6. The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
  7. These conditions are governed by and construed in accordance with the laws of Japan. You agree to submit to the exclusive jurisdiction of the Japanese courts.
  8. If you breach these terms and conditions and the Homeowner decides to take no action or neglects to do so, then the Homeowner will still be entitled to take action and enforce their rights and remedies for any other breach.

August 2019