Accommodation Terms and Conditions

Article 1: Scope

1. Accommodation contracts concluded between the Company and guests, and related contracts, are governed by these Terms. Matters not stipulated herein are governed by laws and regulations or by generally established custom.
2. Notwithstanding the preceding paragraph, where the Company has agreed to a special arrangement that does not contravene laws or custom, that arrangement prevails.
3. For bookings made through an OTA (online travel agency) or another reservation site, where that site's conditions differ from these Terms, that site's conditions prevail.

Article 2: Application for an Accommodation Contract

Anyone wishing to apply for an accommodation contract with the Company must provide the following information.

1. The name and contact details of the lead guest (email address and telephone number)
2. The dates of stay and the expected time of arrival
3. The number of guests (including children sharing a bed)
4. The accommodation charges (in principle the basic accommodation charge set out in Appendix 1)
5. Any other matters the Company deems necessary

1. Where the Company requests the particulars required for the guest register under the Hotel Business Act, the applicant must provide them promptly, even after the accommodation contract has been concluded.
2. Where a guest requests to extend their stay beyond the dates referred to above, the Company treats the request, at the time it is made, as a new application for an accommodation contract.

Article 3: Conclusion of the Accommodation Contract

1. The accommodation contract is concluded when the Company accepts the application referred to in the preceding article. On acceptance, the Company sends the guest a confirmation email.
2. Where the Company displays or communicates an incorrect accommodation charge and accepts an application based on it without recognising the error, and that charge is markedly lower than the charges for surrounding dates without any indication of a reason such as “limited”, “special” or “campaign”, the acceptance is made by mistake under the Civil Code and the Company may rescind the accommodation contract. In such a case the Company notifies the applicant promptly.
3. In place of a deposit, the Company asks for a credit card to be registered at the time of application. Card details are held by our payment processor (Stripe, Inc.); the Company does not retain card numbers.
4. If card registration is not completed, no accommodation contract is concluded. If payment by the registered card fails, the Company contacts the guest, offers an alternative means of payment within a reasonable period, and may terminate the accommodation contract if payment is not made within that period.

Article 4: Refusal to Conclude an Accommodation Contract

The Company may decline to conclude an accommodation contract in the following cases.

1. The application is not made in accordance with these Terms.
2. There is no availability.
3. The number of guests exceeds the maximum occupancy (9 people), or the lead guest is under 18 years of age.
4. It is deemed that the person seeking accommodation is likely to act, in relation to their stay, in a manner contrary to laws and regulations, public order or good morals.
5. The person seeking accommodation is a member of an organised crime group, an associate member or a person related to such a group, or any other anti-social force; is a corporation or other body whose business activities are controlled by such a group or its members; or is a corporation one of whose officers is a member of such a group.
6. The person seeking accommodation has behaved in a manner that causes significant nuisance to other guests or to neighbours.
7. The person seeking accommodation is a patient of a specified infectious disease as defined in the Hotel Business Act.
8. Violent demands are made in relation to the stay, or a burden exceeding a reasonable scope is demanded.
9. Accommodation cannot be provided owing to a natural disaster, a failure of the facilities or other unavoidable cause.
10. The case falls under Article 5 of the Okinawa Prefecture Ordinance for Enforcement of the Hotel Business Act.
11. The applicant conceals a commercial use, a photo or video shoot, or another for-profit purpose when applying.

The preceding paragraph does not constitute unfair discriminatory treatment as defined in the Act for Eliminating Discrimination against Persons with Disabilities.

Article 5: Right of Guests to Cancel the Contract

1. Guests may cancel the accommodation contract by notifying the Company. Notice is accepted through the guest page (guest portal), by email to concierge@nagine.jp, or through our contact form.
2. Cancellation through the guest page is accepted only during the period in which no cancellation fee applies (up to 15 days before the date of stay). After that, please cancel by email or through our contact form.
3. Where a guest cancels all or part of the accommodation contract, the Company charges a cancellation fee as set out in Appendix 2.
4. Changes to the dates, the number of guests or other details of a booking may not be possible, depending on availability. A request to change the dates of stay is treated as cancellation of the existing accommodation contract and a new application, and the cancellation fee in Appendix 2 applies to the cancellation.
5. If a guest does not arrive by the end of check-in on the day of arrival (22:00, or two hours after the expected arrival time where one has been given) without contacting us, the Company may treat the accommodation contract as having been cancelled by the guest.
6. Where a cancellation falls within a period in which a cancellation fee applies, any refund is made to the registered card in the amount already paid less the cancellation fee.

Article 6: Right of the Company to Terminate the Contract

The Company may terminate the accommodation contract in the following cases.

1. It is deemed that the guest is likely to act, or has acted, in a manner contrary to laws and regulations, public order or good morals in relation to their stay.
2. The guest is deemed to be a member of an organised crime group, an associate member or a person related to such a group, or any other anti-social force; a corporation or other body whose business activities are controlled by such a group or its members; or a corporation one of whose officers is a member of such a group.
3. The guest has behaved in a manner that causes significant nuisance to other guests or to neighbours.
4. The guest is deemed to be a patient of a specified infectious disease as defined in the Hotel Business Act.
5. Violent demands are made in relation to the stay, or a burden exceeding a reasonable scope is demanded.
6. Accommodation cannot be provided owing to force majeure such as a natural disaster.
7. The case falls under Article 5 of the Okinawa Prefecture Ordinance for Enforcement of the Hotel Business Act.
8. The guest smokes in bed or is otherwise careless with fire, tampers with fire-fighting equipment, or fails to observe any of the prohibitions in the house rules set out in Article 9.
9. After the accommodation contract has been concluded, the circumstance set out in Article 4, item 11 comes to light, or it emerges that the number of guests exceeds the maximum occupancy.
10. The guest fails to respond immediately to the Company's request for the guest register particulars set out in Articles 2 and 7.

Where the Company terminates the accommodation contract under the preceding paragraph, no charge is made for accommodation services not yet provided if the ground for termination is item 6 or 7. On any other ground, charges for accommodation services not yet provided are payable as a cancellation fee.

Article 7: Registration

Under the Hotel Business Act, guests must register the following particulars for everyone staying, by the day of arrival, on the guest portal provided by the Company. The entry instructions and other guidance are not shown until registration is complete.

1. The guest's name, address and contact details
2. For foreign nationals without an address in Japan, their nationality and passport number, together with a copy of the passport
3. The expected time of arrival, and the date and expected time of departure
4. Any other matters the Company deems necessary

The particulars registered are kept as the guest register required under the Hotel Business Act. Personal information is handled in accordance with our Privacy Policy.

Article 8: Hours of Use

1. Guests may use the Property from 16:00 on the day of arrival until 12:00 on the day of departure. For consecutive nights, the Property may be used all day except on the days of arrival and departure.
2. Check-in is accepted between 16:00 and 22:00. Please contact us in advance if you expect to arrive after 22:00.
3. Notwithstanding the preceding paragraph, the Company may permit use outside these hours. Early check-in is available free of charge subject to availability on the day. Late check-out is available at 5,500 yen (tax included) per hour, subject to availability on the day. Both require confirmation in advance.
4. Where a guest stays beyond the check-out time without notifying us in advance, the Company charges the late check-out fee referred to in the preceding paragraph. Where this disrupts cleaning or the next booking, the Company may also claim compensation under Article 15.

Article 9: Observance of House Rules

While at the Property, guests must observe the following house rules set by the Company, together with the guidance provided on the guest page and displayed on site.

1. The entire property, indoors and outdoors, is non-smoking. Smoking includes electronic cigarettes and heated tobacco products.
2. Staying with more people than booked, and admitting third parties who are not registered guests to the Property, are not permitted. The maximum occupancy is 9 people.
3. Pets and other animals may not be brought onto the property.
4. Photography and filming at the Property are limited to private personal photographs taken by guests and their companions. The following require the Company's prior written permission (including by email), which the Company grants at its discretion: (i) shooting intended for provision to third parties, public transmission, sale, advertising, promotion or any other form of publication; (ii) shooting carried out as a business or for consideration; (iii) shooting involving equipment, lighting, performers or crew; (iv) use of the Property as a shooting location; and (v) any other commercial use of the Property.
5. Filming or photographing sexually explicit material (adult content), and using the Property for that purpose, are prohibited entirely, whether or not the purpose is private, whether or not the material is published, and whether or not consideration is involved. This prohibition is not subject to the permission referred to in the preceding item and is not excused by a claim that the shooting is a private personal photograph. Where a breach is confirmed, the Company immediately terminates the accommodation contract, requires the guest to leave, and claims compensation under Article 15.
6. A private gathering among the registered guests themselves is welcome, within the number of guests booked and provided it does not disturb neighbours or other guests.
7. However, gatherings to which non-resident third parties are invited; meetings, events, seminars or photo sessions for which participants are recruited or which unspecified numbers of people attend; events held for consideration; any other use whose principal purpose is not accommodation; and subletting or lending the Property to third parties are not permitted.
8. Fireworks and other open flames may not be used, other than equipment provided by the Company.
9. Please be considerate of the surrounding residential area. In particular, please refrain from loud voices and music outdoors and at the pool at night.
10. Dangerous goods, items emitting strong odours and anything else likely to disturb other guests or neighbours may not be brought onto the property.
11. Fixtures and equipment may not be removed from the Property, and the Property may not be altered.
12. For security, cameras are installed outdoors (at the gate and at the rear of the building). None are installed indoors. Recorded footage is used solely for security and to verify compliance with the prohibitions in these Terms, and is handled in accordance with our Privacy Policy.
13. Please sort waste in accordance with Miyakojima City rules and place it at the point indicated on site.

Where a breach of the house rules is confirmed, the Company may terminate the accommodation contract under Article 6 and require the guest to leave. In that case, charges for accommodation services not yet provided are payable as a cancellation fee, and amounts already paid are not refunded. Any claim for compensation under Article 15 is made separately.

Article 10: Payment

1. The breakdown of the charges payable by the guest is set out in Appendix 1. All prices shown include consumption tax. No service charge is levied.
2. Payment is by credit card through the method designated by the Company. Cash payment on site is not accepted.
3. The full amount is charged automatically to the registered card 14 days before the check-in date (00:00 Japan time). Where fewer than 14 days remain until check-in at the time of application, the charge is made immediately after the accommodation contract is concluded.
4. Where options are added or the details of the stay otherwise change, the amount charged reflects the final content of the booking.
5. Even where the guest voluntarily does not stay after the Company has made the Property available for use, the full accommodation charge is payable.
6. Refunds are in principle made to the registered card. The Company is not responsible for the time the card issuer takes to process them, for remittance fees, or for losses arising from exchange rate movements.

Article 11: Liability of the Company

1. The Company compensates guests for damage caused in performing, or by failing to perform, the accommodation contract and related contracts. This does not apply where the damage is not attributable to the Company.
2. Compensation under the preceding paragraph is limited to direct and actual damage that would ordinarily arise. It does not extend to lost profits, lost opportunities, non-pecuniary damage, travel costs, the cost of cancelling other bookings, or any other indirect or consequential damage.
3. The Company's liability is capped at the amount the guest has actually paid to the Company under the accommodation contract concerned.
4. The preceding two paragraphs do not apply where the Company acted intentionally or with gross negligence, or where the guest's life or person has been harmed.
5. The Company is not liable where a stay is disrupted or cannot take place owing to natural disasters, bad weather, typhoons, earthquakes, epidemics, power or water outages, communications failures, delays, suspensions or cancellations of public transport, construction in the vicinity, legal or administrative measures, or any other cause not attributable to the Company. Cancellation fees in such cases are governed by Appendix 2.

Article 12: Where the Contracted Property Cannot Be Provided

1. Where the Company cannot provide the contracted Property, it notifies the guest promptly and refunds in full the amounts already paid.
2. At the guest's request, the Company endeavours, so far as it is able, to help find other accommodation. Such assistance is not an obligation of the Company; any accommodation contract with the alternative property is concluded between the guest and that property, and its charges, including any difference from the charges for the Property, are borne by the guest.
3. Where the inability to provide the Property is attributable to the Company, in addition to the refund under paragraph 1 the Company pays compensation equivalent to the cancellation fee. That compensation is capped at the accommodation charge for the contract concerned and is applied towards damages. The Company's liability in such a case is governed by Article 11.
4. Where the Property cannot be provided owing to a natural disaster, a failure of the facilities or any other cause not attributable to the Company, only the refund under paragraph 1 is made and no compensation is paid.

Article 13: Handling of Baggage and Belongings

1. As the Property has no front desk, we cannot accept items for safekeeping, including cash and valuables. Guests are responsible for looking after their own belongings during the stay.
2. Where items, cash or valuables brought onto the Property by a guest are lost or damaged through the Company's intent or negligence, the Company compensates for the loss. However, compensation is limited to 150,000 yen, whether or not the type and value were declared in advance. This limit does not apply where the Company acted intentionally or with gross negligence.
3. Please do not bring cash exceeding 150,000 yen, or items worth more than 150,000 yen, onto the Property. If you do, they remain your responsibility, and the Company does not compensate beyond the limit in the preceding item.
4. The Company does not accept baggage delivered ahead of the stay.
5. Where baggage or belongings are left behind after check-out and the owner is identified, the Company contacts the owner and requests instructions. Where no instructions are given or the owner cannot be identified, the items are kept for seven days including the day of discovery and then handed to the nearest police station. This does not apply to food or other items unsuitable for storage.

Article 14: Parking

Where a guest uses the Property's parking (space for 2 vehicles), the Company lends the space only and does not assume responsibility for the management of the vehicle. However, the Company is liable for damage caused by its intent or negligence in managing the parking area.

Article 15: Liability of the Guest

1. Where the Company suffers damage through a guest's intent or negligence, that guest must compensate the Company for the damage.
2. The lead guest is jointly and severally liable with their companions for breaches of these Terms and the house rules by those companions, and for any damage arising from such breaches.
3. Where smoking (including electronic cigarettes and heated tobacco products) is witnessed anywhere on the property, or traces of smoking are found, the Company charges the guest 50,000 yen for cleaning and deodorising, together with an amount equivalent to the accommodation charges for the period during which the Property could not be sold as non-smoking accommodation.
4. Where the building, equipment or fixtures are damaged, soiled or lost, the Company charges the guest the cost of restoration together with an amount equivalent to the accommodation charges for any period during which the Property could not be sold.
5. Where a guest considers that the accommodation service provided differs from the accommodation contract, they should notify the Company promptly.
6. The costs and compensation under this article are calculated by the Company on the basis of quotations and other records for repair, cleaning, replacement and the like, and are payable by the method the Company indicates.

Article 16: Customer Harassment

Where a guest engages in any of the following towards the Company's staff or a contractor's personnel, the Company may treat this as customer harassment and take measures such as terminating the accommodation contract, requiring the guest to leave, or notifying the police. This excludes conduct arising from unfair discriminatory treatment by the Company under Article 8(1) of the Act for Eliminating Discrimination against Persons with Disabilities, and other cases with comparable reasonable grounds.

1. Physical attacks (assault, injury) or psychological attacks (threats, abusive language, defamation)
2. Excessive demands such as reductions in the accommodation charge (including demands beyond the scope of reasonable accommodation)
3. Coercing prostration or apologies, or demands lacking social propriety
4. Refusing to leave, confinement or otherwise imposing prolonged restraint (including prolonged telephone calls)
5. Intimidating or berating with shouting or abusive language
6. Withholding cancellation fees on spurious grounds, demanding excessive refunds, or demanding unjustified monetary compensation
7. Threatening staff or the Company's operations by suggesting exposure on social media or in the press (including infringing staff members' names or privacy)
8. Stalking or surveillance of particular staff members

Where the Company suffers damage as a result of the foregoing conduct, it may claim compensation from the guest.

Article 17: Disclaimer for Use of the Facilities

1. The pool, terrace and other ancillary facilities are used at the guest's own risk, and the Company is not liable for injuries or accidents suffered by users, except where caused by the Company's intent or gross negligence.
2. There is no lifeguard on duty at the pool. The water is 1.1 m deep and children may not be able to stand. Children must be supervised by an adult at all times and never left unattended.
3. Diving and swimming after consuming alcohol are prohibited. The pool cannot be used in bad weather.
4. The Company is not liable for disputes between users or for accidents caused by a user's carelessness.
5. Use may be restricted owing to damage, soiling or failure of equipment. Depending on the weather and air temperature, the pool water may feel cool. The Company does not provide substitutes or compensation in such cases.
6. The BBQ facilities are available for a fee (5,500 yen including tax per stay). Guests provide their own food. Please take great care when handling fire.
7. Even where the Company is liable under this article, the scope and limit of compensation are governed by Article 11.

Article 18: Disclaimer for Use of the Internet Connection

1. The internet connection provided by the Company (including Wi-Fi and the use of equipment installed at the Property; the “Internet Service”) is offered for guests' convenience, and no guarantee is given as to connection stability, communication speed or security.
2. The Company is not liable for virus infection, unauthorised access, information leakage, interruption of communication, reduced speed or similar problems arising during use of the Internet Service.
3. Where a guest uses the Internet Service to cause nuisance to third parties, to act unlawfully or contrary to public order and morals, or to gain unauthorised access, the Company may restrict or suspend use. Where such conduct causes loss to the Company or a third party, the Company may claim compensation from that guest.
4. The guest page provided by the Company, and the AI-assisted guidance available there, are intended to offer reference information only, and no guarantee is given as to their accuracy or completeness. On matters of charges, cancellation, keys and safety, these Terms and the Company's individual communications prevail.

Article 19: Cooperation with Infection Control Measures

1. To protect the health and safety of guests and staff, the Company takes measures necessary to prevent infectious disease and its spread, and may ask guests to cooperate.
2. If you have symptoms suggesting an infectious disease, such as fever, cough or fatigue, please notify us promptly. We may ask you to consult a medical institution where necessary.
3. Where a guest does not cooperate as described above, the Company may terminate the accommodation contract or require the guest to leave. Where such conduct causes loss to other guests or staff, the Company may claim compensation.

Article 20: Effect of these Terms

1. If any provision of these Terms, or part of one, is held void or unenforceable under the Consumer Contract Act or other legislation, the remainder of that provision and all other provisions remain in full force. The part held void or unenforceable is applied as reinterpreted in the valid manner closest to the intent of that provision.
2. Matters not stipulated in these Terms, and questions as to their interpretation, are resolved through good-faith discussion between the Company and the guest.

Article 21: Governing Law and Jurisdiction

Disputes concerning the accommodation contract between the Company and the guest are governed by Japanese law, and the district court or summary court having jurisdiction over the location of the Property has exclusive jurisdiction as the court of first instance.

Appendix 1: Breakdown of Charges

Basic accommodation charge

The charge for the whole villa per night (including consumption tax). It varies by season, day of the week and number of guests, and is the amount shown on the booking page at the time of booking.

Additional charges

BBQ grill: 5,500 yen (tax included) per stay. Late check-out: 5,500 yen (tax included) per hour.

Service charge

None.

Taxes

Consumption tax is included in the prices shown. Where the tax system is amended, the amended provisions apply.

Appendix 2: Cancellation Fees

Up to 15 days before the date of stay

No charge

From 14 to 8 days before the date of stay

50% of the accommodation charge

From 7 days before to the day before the date of stay

100% of the accommodation charge

Same day / no-show (cancellation without notice)

100% of the accommodation charge

1. Days are counted in Japan time, with the day before the date of stay (the check-in date) counted as one day before.
2. “Accommodation charge” means the basic accommodation charge set out in Appendix 1.
3. Where the length of stay is shortened, a cancellation fee for one day (the first day) is charged regardless of the number of days by which it is shortened.
4. Bookings through the Company's official website are accepted up to 3 days before the date of stay.