Agreement

THE Club Royal Park Hotels Membership Agreement

Article 1. (Purpose)

The Royal Park Hotels and Resorts Co., Ltd. (“the Company”) has established and administered a membership program for “The Club Royal Park Hotels” (the “Club”) through which a guest (“Guest”), who stays or uses the restaurant and other services of the Royal Park Hotels Group as well as the facilities and services which the Company affiliate with (“Affiliates”), as set forth in Article 9, Paragraph 1 of this Agreement, is invited to join the Club. The Guest upon becoming a Club member (“Member”) shall be awarded privileges and discounts or points depending upon the eligible amount of money spent, and shall receive predetermined privileges and benefits from the Royal Park Hotel Group according to the points awarded.

Article 2. (Purpose of the Articles)

The “Club Royal Park Hotels Membership Agreement” (“the Agreement”) determines the matters necessary for the administration of the Club and shall be applicable to the Royal Park Hotels Group and the Club (collectively “the Company”).

Article 3. (Establishment of rules)

The Company may establish various rules as needed other than those stipulated in the Agreement and such rules shall constitute a part of the Agreement.

Article 4. (Changes to the Agreement)

The Company reserves the right to change or cancel this Agreement and the rules as set forth in the preceding Article at any time. Such change or cancellation shall be notified to a Member as set forth in Article 5 in a manner as set forth in Article 21. In this case, the revised Agreement shall be applied on and after the date of any such change or cancellation.

Article 5. (Qualification for Members)

The Member means the person who agrees to the Agreement, and enrolls in the Club. Any person falling under any of the following items, however, shall not be allowed to become a Member.

  1. (1) A person or group that is categorized as an antisocial force, including a gang, member or associate member of a gang, an organized crime related group, a crime group related person or its constituent (inclusive of an organization), that might promote or trigger illegal or unjust acts (“Organized Crime Group, etc”).
  2. (2) A minor, younger than twenty years at the time of the enrollment.
  3. (3) A corporation or group, excluding those cases that the Company has accepted in particular.
  4. (4) When payment of the fee to the Royal Park Hotels Group is delayed at the time of the enrollment, or where previously nonpayment or delayed payment of such a charge occurred, concerning which the Company judges that there is a difficulty concerning the enrollment of the membership of such a person.
  5. (5) A person who previously has had their name removed from the list of the membership.
  6. (6) Any other person who the Company regarded as inappropriate. In this case, the Company shall not assume an obligation to disclose the reason for such a judgment.

Article 6. (Cancellation of the membership)

The Club is vested with the right to cancel the membership of a Member who shall fall under either of the following cases, without notifying the Member beforehand. A Member whose membership has been cancelled cannot receive privileges prescribed in the Agreement any more thereafter, the Company shall not be responsible for any damages caused to the relevant Member or a third party as a result of such cancellation. In a case where this Article is applicable, the Company shall not assume an obligation to disclose the reason for such a judgment.

  1. (1) When any item set forth in the preceding Article is applicable to a Member.
  2. (2) When a member has performed any act infringing public order or morals, laws and ordinances.
  3. (3) When a Member has performed any act giving a disadvantage to another Member or a third party, such as slander or misrepresentation of another Member or a third party.
  4. (4) When a Member has performed any act interfering with the administration of the Company
  5. (5) When there is a false declaration or registration made by a Member to the Company
  6. (6) When there is a violation of the Agreement by a Member.
  7. (7) When any behavior or other matters are deemed by the Company as inappropriate for a Member.

Article 7. (How to become a Member)

A person who has received the membership card (“the Card”) issued to each Member, signed the Card, and is eligible to be awarded points as set forth in Article 10, can be regarded as a Member of the Club. It is still necessary for the Club Member to complete their membership registration through a Smartphone, Personal Computer or at the front desk of a hotel of the Royal Park Hotels Group.

Article 8 (Prohibition of multiple membership registrations)

A Member can only have one membership registration and one assigned membership number. If a Member has multiple registrations, the Club has the right to select any one registration as effective and invalidate the other registrations; upon invalidation any points awarded to the invalid card(s) are void and cannot be transferred to the remaining registration membership number.

Article 9 (Use of the Card)

  1. 1. The Card can be used for the facilities and services designated by the Company in the hotels of the Royal Park Hotels Group or for Affiliates. Please refer to the Members only web site (http://www.royalparkhotels.co.jp/the-club/) concerning the available hotels and directly-managed stores in the hotels and Affiliates where the Card can be used.
  2. 2. A Member shall present the Card before use and settle the account by cash, a recognized credit card (including gift certificates issued by credit card companies) or other methods of payment that the Company permits. In the case of a charge account, the privileges listed in Article 10 and 11 are not available.
  3. 3. A Member can avail themselves of the privileges listed in Article 10 and 11 only upon presentation of the Card or typing in the card number with specified method directed by the Company. Please refer to Article 10 and 11, or the Members only web site (http://www.royalparkhotels.co.jp/the-club/) concerning the membership privileges.
  4. 4. Use of the Card is restricted to the cardholder who has signed the Card. The Card shall not be transferred or loaned to another person. The Card cannot be used when it has not been signed.
  5. 5. The Card privileges cannot be used in conjunction with other individual membership privileges provided by each hotel of The Royal Park Hotels Group or other privileges, in general.
  6. 6. There are no facilities to securely keep the Card at any hotel of The Royal Park Hotels Group or at a directly-managed store in the hotels.

Article 10 (Awarding points and membership levels)

  1. 1. When a Member makes a room reservation using the Point Awards Plan through the website managed by the Company or over the telephone directly with The Royal Park Hotels Group and the Member himself/herself actually stayed there, the Club shall, depending upon the room rates, award the requisite number of points to a Member two days after the check-out date. The eligible amount of money for which points will be awarded does not include any taxes, local taxes, gratuity, massage fees, parking lot fees, or telephone charges. The points shall be awarded for the cost of the Accommodation Plan, in any case where the Accommodation Plan (meals and beverages are included in addition to the room charge) is used (excluding some Accommodation Plans not covered by the Point Awards Plan). Points shall not be awarded for the stay of a Member if the reservation was not made directly to a hotel of The Royal Park Hotels Group.
  2. 2. Depending upon the Point Awards Menu or according to the cost paid for the Accommodation Plan, the Club shall award points to a Member two days after the use of a restaurant in a hotel of The Royal Park Hotels Group.
  3. 3. The Company shall award points to a Member according to the cost paid for the use of the stores of The Royal Park Hotels Group, online shops of the hotels on the Internet or those of the Affiliates which a privilege is applied to (excluding items that no privileges are applied).
  4. 4. Concerning the allocation of points as set-forth in the preceding three Paragraphs, points shall be awarded for every 100 yen (excluding consumption tax, any remaining amount less than 100 yen shall be rounded down) of the amount of eligible money to which points are awarded, calculated in accordance with the Membership level prescribed in Paragraph 6 hereof, however, such points cannot be used before they are actually granted to a Member.
  5. 5. Even if the reservation had been made with a hotel following the designated procedures when a Member did not actually stay in the hotel as planned, their reservation does not qualify to be awarded points and the points shall be deducted.
  6. 6. The level of a Member in the following fiscal year shall be changed depending upon the annual total amount of eligible money, to which points are awarded, in this fiscal year. When a Member has met a level-up condition within a year, however, the level of a Member shall be changed on the first day of the month after next.
Levels

Requirements
(The total amount eligible for point awards.)

Point grant rates
Annual eligible total use amount
Less than 500 thousand yen
5%
Annual eligible total use amount
Over 500 thousand yen and less than a million yen
7%
Annual eligible total use amount
Over a million yen
10%

*The term fiscal year means a term between April 1st and March 31st, assuming April as the starting month of a year.

Article 11 (Usage of the points and expiration date of the points)

  1. 1. The Card with an already completed membership registration should be presented by the cardholder when they intend to use the accumulated points. The points cannot be used before the membership registration has been completed.
  2. 2. A Member can allocate units of 1,000 points to cover payment of 1,000 yen due for a Member’s hotel stay.
  3. 3. The points granted in a fiscal year are effective until the end of March of two fiscal years later. The fiscal year refers to a term between April 1st and March 31st.
    (excluding some campaigns that otherwise specify the expiration date).
  4. 4. The points once used cannot be returned again. However, when returning a product redeemed in exchange for the accumulated points, the equivalent number of the points to the product shall be returned to the membership account, only when the relevant Card is presented.
  5. 5. The points of a Member cannot be transferred to a third party.
  6. 6. The following items are not covered by the Point Awards Plan;
    1. - Internet prior settlement reservation
    2. - Meals, beverages or product purchases outside of the facilities or services designated by the Company as set forth in Article 9, Paragraph 1.
    3. - Internet shopping on the website managed by the Hotel.
  7. 7. The point allocations as prescribed in Article 10, Paragraph 4 shall not be applied when using the accumulated points. No change shall be paid when the points are redeemed.
  8. 8. The points shall never be redeemed for actual cash.

Article 12 (Changes in the registered matters)

A Member is responsible for informing the Company of any change to registered matters, including any e-mail address (“Mail address”) by using the predetermined change procedures without delay. The Company shall not be responsible for any damages caused by non-arrival, late-arrival or any other disadvantages due to a Member’s failure to comply with such change procedures.

Article 13 (Loss or theft of the Card)

Whenever a Card is lost or stolen, a Member shall immediately inform the Club to that effect. Such a lost or stolen Card shall never be reissued and the reserved accumulated points shall become invalid. The Member who owns the lost or stolen Card shall bear any and all responsibilities arising from this situation.

Article 14 (Resignation of membership)

A Member can resign from the Club at any time and shall complete the resignation procedure at the front desk of a hotel of the Royal Park Hotels Group or at the Club. The accumulated points shall become invalid at completion of the resignation procedure.

1. A Member shall lose their membership qualifications and points when they fall under either of the following items:

  1. (1) No points have been granted in the two years since the last day of the enrollment fiscal year.
  2. (2) No points have been granted in the two years since the last day of the fiscal year in which the Card was used.
    * Enrollment fiscal and fiscal year in which the Card was used refers to a term between April 1st and March 31st, assuming April as the starting month of a year.

2. The points awarded shall, in other than the preceding two cases, expire after two years since the last day of the fiscal year when the points were last awarded.

  1. 1. A Member shall never lend the whole rights or a part thereof to a third party or offer to transfer, pledge or place as a security of their position as a Member, or offer the claims and obligations to be derived from membership.
  2. 2. When the business of the Club shall be transferred to a third party, the position of the Club, the claims and obligations to be derived from it, registration matters of a Club Member, and other personal information involved shall be allowed to be transferred to such a third party, and a Club Member is required to give consent beforehand to such transfer.

A Member shall agree beforehand to receive information sent by e-mails or post from the Company on the matters prescribed in the Privacy Policy as in the following Article, the points, and other various matters concerning the Hotel.

  1. 1. The Company shall handle the personal information of a Member (meaning items as prescribed in the Act on the Protection of Personal Information, hereinafter the same shall apply in this Article) following the Privacy Policy of the Company which shall be prescribed separately.
  2. 2. The Company may change the Privacy Policy at any time (For the contents of the Privacy Policy, see http://www.royalparkhotels.co.jp/privacy/). The Company shall inform a Member of the change of the Privacy Policy in the manner as set-forth in Article 21. In such a case the Company shall handle personal information of a Member in accordance with the revised Privacy Policy.

Article 19 (Disclaimer)

  1. 1. The Company shall never be responsible to check if the information sent for membership registration through a Smartphone, Personal Computer or a mobile-phone has arrived to the computer system of the Company, or if information sent from the Company has arrived to the Personal Computer or Mobile phone of a Member, or if the information that has arrived is the same as the information sent.
  2. 2. The Company shall never be responsible for any damage caused to a member who failed to utilize the privileges as set-forth in this Article due to the circumstances of the Member, or any damage caused by the termination or alteration of the privileges prescribed in this Agreement.
  3. 3. The Company shall never be responsible for any damage caused to a member who failed to utilize the privileges as set-forth in this Article as a result of fire, wind damage and natural disaster such as earthquake or accident.
  4. 4. The Company shall never be responsible for any damage caused to a member for any reason, even by the alteration of the Agreement, and shall never bear any compensation or liability.

Article 20 (Compensation for damages)

In a case where a Member damages a third party in conjunction with the Agreement, such a Member shall solve the problem at their own responsibility and burden and shall never cause the Company any inconvenience.

Article 21 (Notification)

The Company etc. shall notify a Member of any information by either of the following means. e-mail, posting on the website of each hotel on The Royal Park Hotels Group, or any means that the Company judges to be appropriate.

Article 22 (Severability)

If any provision or its part of the Agreement shall, by the Consumer Contract Act or any other laws or regulations, be invalid, the remaining provisions other than such provision or such part shall not be affected or impaired, and shall remain in full force.

Article 23 (Governing language)

The Agreement is prepared in the Japanese language, and when any item is translated into English, only the Japanese official text has effect as the Agreement.

Article 24 (Jurisdiction)

All disputes arising out of the Agreement shall be exclusively brought in the Tokyo District Court of first instance.

Article 25 (Governing Law)

This Agreement shall be governed by, and construed and interpreted under the laws of Japan.

Supplementary provision
This Agreement shall become effective on October 1, 2013.
This Agreement is revised on April 1, 2015.

Reference about this Agreement
The Club Royal Park Hotels Membership Services Office
Toll Free Number in Japan: 0120-657-788
International calls: +81-(0)3-6212-3800 (Phone number has changed on August 24, 2015)
Weekdays 10:00~17:00 JST ※Except New Year's Season

For information or queries about the following items concerning the Agreement, please refer to web site of the Company or the Members only website:
http://www.royalparkhotels.co.jp/
http://www.royalparkhotels.co.jp/the-club/

  1. 1. The available hotels and directly-managed stores in the hotels
  2. 2. Membership points allocation
  3. 3. Membership points use
  4. 4. Membership privileges
  5. 5. Member registration

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