These Conditions apply to all Contracts for the provision of goods and services for accommodation, conferences, functions and other events to the exclusion of all other terms and conditions, including any which the Client may purport to apply or which may appear in any promotional literature. Please read these Conditions carefully in order tok
In these Conditions, terms used with an upper case initial letter have special defined meanings. Some of these are listed in Clause 18. Others are defined when they are first used.
actually attend the Event.
| 1. |
Once payment is received a contract is considered to be binding, once acceptance of payment is received from the hotel. |
| 2. |
Payment |
| 2.1 |
Payment
All room bookings must be fully paid for prior to check in. Payment must be made in Japanese Yen (Y) payable prior to stay. |
| 2.2 |
Extras
The Client shall pay the Hotel for any food and beverages or other goods and/or services not provided for in the Contract or otherwise in correspondence but made available upon request of the Client on the day of the Event. |
| 3. |
Cancellation by Client |
| 3.1 |
If the Client wishes to cancel a Booking or cancel the reservation of some or all bedrooms reserved either as a block booking or in conjunction with an Event, such cancellations must be advised to Money Rider Management in the first instance verbally, followed by written notice of cancellation. Cancellation shall be effective, final and binding on the Working Day on which the Hotel receives written notice of cancellation (the “Cancellation Date”). Any notice of cancellation received out of the hours of 9.00am and 5.00pm shall be deemed made on the next Working Day. Any postponement of any Event shall be considered as a cancellation under this Clause 3. |
| 3.2 |
If the Client cancels a Booking, the Company will charge a 25% of final booking cancellation fee. This cancellation fee shall be 25% of the charges payable in respect of the Contract Minimum (and, if any separate charge is payable in respect of room hire, of such room hire charge). If the booking is cancelled less than 3 Working Days before the Event, the Hotel is entitled to charge according to the Final Number. |
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| Cancellation Notice (Events) |
Fee |
| Over 133 days |
25% |
| 133-91 days |
25% |
| 90 days -30 days |
50% |
| 29 days-8 days |
80% |
| 7 days or less |
98% |
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| 3.3 |
The cancellation fees payable under this Clause 3 are a genuine pre-estimate of the loss the Company will incur arising out of a cancellation; the actual losses incurred by the Company may be greater or less than these cancellation fees; the cancellation fees are payable whether or not the Hotel is able to find alternative business in respect of the cancelled Event and/or bedrooms. |
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All information contained herein was correct at time of going to press. October 2006.
expenditure incurred in respect of any cancelled Booking including (but not limited to) any costs, charges or penalties as a result of having to make consequential cancellation of its own arrangements with third parties in relation to the Event. |
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| 4. |
Cancellation by Company |
| 4.1 |
The Hotel may cancel the Booking: |
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4.1.1 |
if the Booking might prejudice the reputation of the Hotel; |
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4.1.2 |
under Clause 2.1 |
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4.1.3 |
if the Hotel becomes aware of any deterioration in the Client’s financial situation such that the Company reasonably considers the Client may not be able to fulfil its material obligations under the Contract. |
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| 4.2 |
The Company may charge the cancellation fees provided in Clause 3 in the event of any cancellation under this Clause 4. |
| 5. |
Changes by Company
The Hotel reserves the right without prior notice to change the Client’s assigned function room for one of equal suitability if the Hotel has reasonable commercial or operational reasons for so doing (including, but not limited to, the carrying out of works on the relevant room or such room being otherwise unavailable). |
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| 6. |
Outside Services
The prior consent of the Hotel must be obtained for any entertainment or services contracted for the Event by the Client, all of which must comply with any statutory codes and regulations. It shall be the responsibility of the Client to ensure that, where applicable, Performing Rights Society forms and Phonographic Performance Limited forms are completed by any band or musicians employed by the Client. |
| 7. |
Etiquette |
| 7.1 |
The Hotel reserves the right to judge acceptable levels of noise or behaviour of the Client, its guests, representatives or contractors (including, but not limited to, persons engaged by the Client to provide entertainment or other services). The Client must ensure compliance with the Hotel’s direction as to noise or behaviour. |
| 7.2 |
The Hotel reserves the right generally: |
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7.2.1 |
i to exclude or eject any person from the Event or the Hotel if it reasonably considers such person to be objectionable; and |
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7.2.2 |
to terminate the Contract and stop the Event without liability to any refund or compensation, if necessary to prevent or terminate unacceptable noise or behaviour. |
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| 7.3 |
The Client shall indemnify the Company against all and any losses, costs, damages, liabilities, claims, demands and expenses suffered or incurred by the Company arising out of any exclusion, ejection, termination or stopping under Clause 7.2 or the circumstances giving rise thereto. |
| 8. |
Health & Safety
The Client must fully comply (and ensure the full compliance of its sub-contractors, employees and guests) with the Hotel’s Health & Safety policy, a copy of which is available on request from the Hotel. |
| 9. |
Licensing and Statutory Regulations
The Client shall maintain free access to fire exits at all times and shall obtain the prior approval of the Hotel before using any special effects equipment on the Hotel premises. The Client shall submit for approval by the Hotel all table layouts for the Event. The Client shall observe the permitted hours for selling intoxicating liquors in the Hotel premises, as advised by the Hotel. |
| 10. |
Punctuality
The Event must start and finish at the times specified in the Contract. Changes to these times may not be possible unless previously agreed with the Hotel. |
| 11. |
Guests’ Clothing and Personal Property
The Company does not accept responsibility for the property of the Client or its guests. Cloakrooms are provided for the convenience of clients and guests but any goods deposited in the cloakrooms or left unattended on Hotel premises are deposited at the owner’s risk and without any liability on the part of the Company. |
| 12. |
Equipment Storage
The Hotel will assist the Client, where reasonably possible, with the storage of equipment etc, however, the Company does not accept any liability for loss or damage to any item of equipment, furniture, stock or the like, left in storage. |
| 13. |
Radio Communication Systems
Where usage of any radio communication system handset is provided to the Client, the Client shall comply with all licensing conditions in relation thereto. |
| 14. |
Liability of the Company |
| 14.1 |
Subject to Clause 15.4, the Company shall not be liable, whether in contract, tort (including negligence) or otherwise for any indirect, consequential or economic losses or loss of profits however arising. |
| 14.2 |
In no event will the Company’s liability for any loss or damage in contract or tort (including negligence) or howsoever otherwise arising, exceed the total amount paid by the Client for the Event. |
| 14.3 |
The Company shall not be liable for any breach of the terms and conditions or delay or failure in providing services as a result of causes beyond its reasonable control including (but not limited to) fire, floods, earthquakes, strikes, delays in transportation, failure of services or inability to obtain any necessary information or consent from any authority. |
| 14.4 |
The Company does not exclude or restrict its liability in respect of death or personal injury resulting from its negligence. |
| 15. |
Damage
The Client shall be responsible to the Company for any damage caused to the allocated rooms or the furnishings, utensils and equipment therein or to the Hotel generally by any act, default or neglect of the Client or any sub-contractor, employee or guest of the Client and shall pay to the Company on demand the amount required to make good or remedy any such damage. |
| 17. |
General |
| 17.1 |
Agents
Should the Client contract with the Hotel through an agent, the agent acts in that capacity for the Client, and not the Company. The Client accepts full responsibility for the payment of the Hotel’s account. |
| 17.2 |
Governing Law
The Contract shall be governed by and construed in all respects in accordance with the laws of Japan. |
| 17.3 |
Time is of the Essence
For all payment obligations under these Conditions, time shall be of the essence. |
| 17.4 |
Assignment
The Contract shall not be assignable by the Client, but may be assigned by the Company |
| 18 |
Definitions |
| 18.1 |
“Booking” means a booking under a Contract |
| 18.2 |
“Client” means the person, firm or company responsible for commissioning and payment of the Event. |
| 18.3 |
“Contract” means the written agreement between the Hotel and the Client for a specific booking or series of bookings |
| 18.4 |
“Event” means the event or function specified in the Contract |
| 18.5 |
“Hotel” means the property(ies) for which this Contract has been agreed and/or as appropriate under the Marriott Hotels Limited, Registered Office: 7 Albemarle Street, London, W1S4HQ. |
| 18.6 |
“Working Day” means Monday to Friday excluding bank holidays and other public holidays. |
