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©RestUp, Inc — 2018

Terms and Conditions for Accommodation Contracts

 

1. Scope of Application of these Terms and Conditions)

  1. A person (a “Guest”) who desires to stay at a capsule accommodation unit called a “Pod Room” (the “Pod Room”) on the premises where such unit is located (the “Premises”) shall enter into an agreement with RestUp, Inc. (“RestUp”), a Delaware corporation, that is the operator of the Pod Room, with respect to the Guest’s stay at the Pod Room and relevant matters thereof.  Such an agreement shall be hereinafter referred to as the “Contract for Accommodation.”

  2. The Contract for Accommodation and related agreements (collectively “Accommodation Contract(s)”) to be entered into between RestUp and the Guest shall be subject to these Terms and Conditions (the “Terms”). Any matters that are not provided herein shall be governed by applicable laws and regulations.

  3. Notwithstanding the preceding paragraph, in the case where RestUp separately enters into an individual agreement with the Guest with respect to the Guest’s stay in the Pod Room, insofar as such individual agreement does not violate any applicable laws or regulations, and to the extent inconsistent with the Terms hereunder, such individual agreement shall take precedence over the provisions of the Terms.

 

2. Application for Accommodation Contracts

A Guest who desires to stay in the Pod Room shall apply for an Accommodation Contract by submitting to RestUp the following information via the website operated by, or mobile application published by, RestUp:

  1. Name of the Guest(s);
  2. Email address and phone number (or mobile phone number) of the Guest(s);

  3. First and last date of accommodation and estimated time of arrival; and

  4. Other information deemed necessary by RestUp.

 

3. Execution of Accommodation Contracts

  1. An Accommodation Contract shall be deemed executed when RestUp has duly accepted the Guest’s application as stipulated in the preceding Article and notifies the Guest via email or any other communication method as reasonably determined by RestUp that the Guest’s application has been accepted and the Pod Room applied for has been reserved for the Guest.

  2. When an Accommodation Contract has been executed in accordance with the preceding paragraph, the Guest shall pay the total charges for the entire accommodation reserved for the Guest, which shall be shown in the confirmation notice provided to the Guest pursuant to the preceding paragraph (“Accommodation Charges”), prior to the commencement of the accommodation. Such payment shall be made via credit card only. The Guest shall make such payment using credit cards, including those issued in a country other than the United States of America; provided, however, settlements for any such payment shall be made in US dollars, and the Guest shall bear and be solely responsible for any foreign-exchange fees incurred by the Guest with respect to such settlement.

  3. RestUp may treat the Accommodation Contract as invalid, and deemed cancelled, if any of the following events occurs:

  1. Guest fails to pay the Accommodation Charges prior to the commencement of the accommodation;
  2. Guest cannot be reached at the email address or phone number submitted to RestUp under Article 2 for more than ten (10) days; or

  3. Guest refuses to be contacted by RestUp.

     4. In the event where item 2 or 3 of the preceding Paragraph occurs, RestUp shall not be                              responsible for the refund of any Accommodation Charges already received.             

 

4. Refusal of Application for Accommodation Contracts

RestUp shall have the right to refuse to accept the application for an Accommodation Contract in any of the following circumstances:

  1. When the application for Accommodation Contract does not conform to the provisions of the Terms;
  2. When the Pod Room is fully booked and unavailable;

  3. When the Guest seeking accommodation is deemed reasonably likely to conduct himself/herself in a manner that would contravene applicable laws or act against the public order or good morals in regard to the accommodation;

  4. When the Guest seeking accommodation is reasonably determined to be carrying an infectious disease that poses a danger to other persons;

  5. When RestUp receives demands with threats of violence or is requested to assume an unreasonable burden with regard to the Guest’s accommodations;

  6. When RestUp is unable to provide accommodation due to natural disaster, the malfunction of the facilities and/or other unavoidable causes; and

  7. When the Guest is visibly intoxicated and could disturb other guests or when the Guest is behaving in such a manner as to disturb other guests.

 

5. Right to Cancel Accommodation Contracts by the Guest

  1. The Guest is entitled to cancel the Accommodation Contract by so notifying RestUp.

  2. In the case where the Guest cancels the Accommodation Contract in whole or in part due to a cause for which RestUp is not responsible (except for instances where Guest has canceled the Accommodation Contract during the Cancelation Period defined below) after the end of free cancellation period specified by RestUp, the Guest shall pay the full amount of the Accommodation Charges.

  3. Notwithstanding the preceding Paragraph, when RestUp and the Guest agree to a special condition under which the Guest can cancel the Accommodation Contract up to seven (3) days prior to the commencement of the accommodation (“Cancelation Period”), Guest will be fully refunded the Accommodation Charges if the Guest cancels the Accommodation Contract during such Cancelation Period.

  4. In the event that a Guest does not appear by 8:00 am 1 day after the accommodation date and has not notified RestUp in advance, RestUp may regard the Accommodation Contract as having been canceled by the Guest.

 

6. Right to Cancel Accommodation Contracts by RestUp

RestUp may cancel the Accommodation Contract under any of the following circumstances:

  1. When the Guest fails to pay the full amount of the Accommodation Charges prior to the commencement of the accommodation;
  2. When the information provided by the Guest pursuant to Article 2 and/or Article 8 is found to be false;

  3. When the Guest assigns or transfers his/her rights under the Accommodation Contract;

  4. When the Guest is deemed reasonably likely to conduct or has conducted himself/herself in a manner that would contravene applicable laws or act against the public order and good morals in regard to the accommodation;

  5. When the Guest seeking accommodation is reasonably determined to be carrying an infectious disease that poses a danger to other persons;

  6. When demands are made with threats of violence and/or violent actions are carried out, or burdens that exceed the scope of reasonable requests are imposed, in relation to accommodations;

  7. When RestUp is unable to provide accommodation due to natural disaster and/or other causes of force majeure;

  8. When the Guest seeking accommodation is deemed reasonably likely to conduct himself/herself in a manner that would disturb other guests or behaves in such a manner due to heavy intoxication or other reasons; and

  9. When the Guest does not comply with prohibited actions such as smoking in the Pod Room, tampering with firefighting equipment and other prohibitions of the Pod Room Policy and any other rules established by RestUp which are stipulated in Article 10 and as additionally set forth by RestUp from time to time at its sole discretion.

7. Refund upon cancellation

In any event that the Accommodation Contract is cancelled, or is deemed to be cancelled, by either the Guest or RestUp, as the case may be, pursuant to Article 5 or Article 6 of these Terms, and if RestUp has received the Accommodation Charges from the Guest with respect to such Accommodation Contract but shall not be entitled to retain such received Accommodation Charges pursuant to any applicable provision provided under these Terms, then RestUp shall immediately refund to the Guest an amount equal to such received Accommodation Charges. For the avoidance of doubt, RestUp shall be obligated to refund such amount in US dollars, which shall be equal to the amount RestUp received from the Guest in US dollars, and RestUp shall not indemnify or compensate the Guest any foreign exchange fees that the Guest may incur with respect to any payment to RestUp by the Guest via his/her credit card.

8. Registration

The Guest shall register the following information upon arrival to the Premises on the first day of accommodation:

  1. Name, age, sex, address and phone number (or mobile phone number) and occupation of the Guest(s);
  2. Government-issued photo ID;

  3. Date and estimated time of departure; and

  4. Other information reasonably required by RestUp.

9. Check-in and Check-out Policy

  1. Check-in time is after 3:00 pm.

  2. Check-out time is at 11:00 am. The Guest may be charged $10 per hour for late check-out, rounded up to the nearest full hour.

10. Observance of Pod Room Policy

  1. In addition to complying with the Pod Room Policy established by RestUp, the Guest shall:

    1. respect the quiet hours from 10:00 pm to 7:00 am and shall not play loud music, have any loud conversations or phone calls during such quiet hours;

    2. secure the room key provided by RestUp (RestUp will charge $200 for any lost key);

    3. not smoke on the Premises (violation of this will result in an additional $400 cleaning fee);

    4. not eat or drink in the Pod Room;

    5. not use any non-prescribed drug;

    6. not drink alcohol in an unreasonable fashion, even in the common area of the Premises (RestUp and/or an administrator of the Premises reserves the rights to take appropriate actions against intoxicated or unruly Guests);

    7. not keep or take any pets or animals onto the Premises;

    8. keep the Premises (including the Pod Room and kitchen) clean, tidy and free of garbage and leave it in the same condition as the Guest finds it;

    9. look after the Guest’s own personal belongings (RestUp cannot take responsibility for any loss, theft or damage to any Guest property);

    10. be courteous to all guests and staff on the Premises; and

    11. not invite any additional guest(s) unless the Guest has made a reservation for such additional guest(s).

  2. In the event of breach of the preceding paragraph, RestUp may refuse to provide any service to the Guest and may terminate the Accommodation Contract immediately without any refund.

 

11. Payment of Accommodation Charges

  1. All Accommodation Charges shall be paid prior to the commencement of the accommodation.  Payments shall be made only by credit card.

  2. Once accommodation facilities have been made available by RestUp, the Accommodation Charges shall be paid even if the Guest voluntarily chooses not to utilize the Pod Room.

12. Handling when unable to provide Contracted Pod Room

RestUp shall, when unable to provide the contracted Pod Room, arrange accommodation of the same standard elsewhere insofar as practicable.

13. Handling of Guest’s Valuables

Guest(s) shall use the valuables box located within the Pod Room or a locker inside the Premises at their own risk. RestUp does not take responsibility for any loss, theft or damage to any Guest property, whatever the cause may be.

14. Custody of Baggage or Belongings of the Guest

As a general rule, when a Guest’s baggage or belongings are found to be left behind after check-out, RestUp will wait for the owner to contact RestUp and provide instructions. If there are no instructions by the owner, RestUp shall turn any valuables over to the nearest police station within seven (7) days of when they were found and dispose of other belongings after three (3) months. However, food and beverages, cigarettes, magazines, and the like will be disposed of the day after check-out.

15. Liability in regard to Parking

RestUp assumes no liability for the theft, loss, or damage to vehicles, vehicle accessories, or items within the Guest’s vehicles since it does not manage the parking lot.

16. Liability of the Guest

The Guest shall compensate RestUp for damage caused through the intentional act or negligence of the Guest. In the event where the Guest causes any damages or loss to any of RestUp’s property, the Guest may be charged for such damages or loss.

Any Questions about our policies

Please don’t hesitate to ask us if you have any questions about the Terms. Please contact us by email at support@podroom.com. We are also happy to help you with getting around the city, tourist attractions, public transit, etc.