DEFINITIONS

1. Guest means the person (and their companions) who have booked a stay at Kasaba.

2. Van Access or Personal Tent Access (Tier 1) means accommodation supplied by the Guest and placed in designated camping/van spaces.

3. Standard Room (Tier 2) means accommodation without a private bathroom and can include glamping tents, basic cabins or rooms in a house.

4. Premium Room (Tier 3) means accommodation with a private bathroom and can include a room in a house, cabin with a bathroom or glamping tent with bathroom.

5. Published Price means the price of accommodation listed on the KASABA website or on any other publicly distributed rate card.

6. Priority Reservation means the annual booking system that enables Guests to reserve time ahead of the general public.

7. Retreat means KASABA and the buildings, furniture, equipment, furnishing and fittings of the Retreats managed and/or operated by KASABA. 

8. Exclusive Events means bookings of the Retreat for large group events where the entire property is reserved for private usage. 

9. Rental Charge means the fee to be paid for staying at the Retreat. 

10. Rental Agreement means a contract for accommodation at the Retreat entered into between the Retreat and the Guest. 

11. Members mean the people who have been approved as KASABA Members and who pay an annual fee to be part of the network of villages.

12. The Host is the KASABA staff member who is the primary caretaker on the property.

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SCOPE OF APPLICATION

ARTICLE 1

1. Rental Agreements and related agreements to be entered into between the Retreat and the Guest shall be subject to these Terms and Conditions. Any particulars not provided for herein shall be governed by laws and regulations and/or generally accepted practices. 

2. In cases where the Retreat has entered into a special contract with the Guest, insofar as such special contract does not violate laws and regulations and/or generally accepted practices, notwithstanding the preceding paragraph, the special contract shall take precedence over the provisions of the Terms and Conditions herein.

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APPLICATION FOR RENTAL AGREEMENTS

ARTICLE 2​

• A Guest who intends to make an application for a Rental Agreement with the Retreat shall notify the Retreat of the following particulars: 
   

1. Name of the Guest(s) 

2. Date of accommodation and estimated time of arrival 

3. Rental Charges (based, in principle, on Exhibit, Table 1) 

4. a. Name and contact information of the applicant of the Rental Agreement 
   b. Name and contact information of the payer of the Rental Agreement 

5. Other particulars deemed necessary by the Retreat 
    

• In cases where the Guest requests, during his/her accommodation, an extension of accommodation beyond the date(s) in Subparagraph (2) of the preceding paragraph, the Retreat shall regard that the Guest has made a new application for another Rental Agreement at the time, and shall process the request as such.

 

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CONCLUSION OF RENTAL AGREEMENTS, ETC.

ARTICLE 3 

1. The Rental Agreement shall be deemed to have been concluded when the Retreat has duly accepted the application as stipulated in the preceding article. The same shall not apply when the Retreat proves not to have accepted the application.

2. When the Rental Agreement has been concluded in accordance with the provisions of the preceding paragraph, the Guest is requested to pay an accommodation deposit specified by the Retreat, which shall not exceed the value of the total Rental Charges covering the Guest entire period of stay, by the date specified by the Retreat.

3. The deposit shall be first used for the Total Rental Charges to be paid by the Guest, then secondly for the cancellation charges under Article 6 and thirdly for reparations under Article 18 as applicable, and the remainder, if any, shall be refunded at the time of the payment of the Rental Charges under Article 12.

4. If the Guest fails to pay the deposit by the date as stipulated in Paragraph 2, the Retreat shall treat the Rental Agreement as invalid, provided that the Retreat has informed the Guest of the specified due date of the deposit payment. 

 

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SPECIAL CONTRACTS REQUIRING NO ACCOMMODATION DEPOSIT

ARTICLE 4 

1. Notwithstanding the provisions of Paragraph 2 of the preceding Article, the Retreat may enter into a special contract requiring no accommodation deposit upon the Guest's request after the Rental Agreement is concluded.

2. In cases where the Retreat does not request the payment of the deposit as stipulated in Paragraph 2 of the preceding Article and/or does not specify any date of the payment of the deposit when accepting the application for the Rental Agreement, the Retreat shall be treated as having accepted the Guest's request for a special contract as stipulated in the preceding paragraph. 

 

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REFUSAL OF RENTAL AGREEMENTS

ARTICLE 5 

• The Retreat may refuse to accept an application for an Rental Agreement under any of the following circumstances: 
   

1. The application for accommodation does not comply with the Terms and Conditions hereof. 

2. The Retreat is fully booked and no room is available. 

3. The Guest seeking accommodation is deemed to be likely to commit any act non-compliant with laws or regulations, or against public order or morality, in respect to the accommodation. 

4. The Guest seeking accommodation has committed any act significantly inconvenient to other Guest being accommodated in the Retreat. 

5. The Guest seeking accommodation has made unfair demand to the Retreat or employees thereof or demanded them to incur any unreasonable burden. 

6. The Retreat is unable to provide accommodation due to natural calamities, malfunction of facilities and/or other unavoidable causes. 

7. The Guest seeking accommodation is significantly drunk, or speaks and behaves in a significantly extraordinary way, and is deemed to be likely to cause any inconvenience to other Guests in the Retreat. 

8. The Guest seeking accommodation is clearly deemed to be infected with the contagious disease, etc. 

9. The Guest is seeking accommodation for longer than 9 months in a single year.
    

• The Retreat shall not conclude the Rental Agreement under any of the following circumstances: 
   

1. The Guest seeking accommodation is a member of an organized crime group or involved with any organized crime-related groups or other anti-social forces. 

2. The Guest seeking accommodation is involved with any entity or other group managed/ controlled by an organized crime group or a member thereof. 

 

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RIGHT TO CANCEL RENTAL AGREEMENT BY GUEST

ARTICLE 6 

1. The Guest may cancel the Rental Agreement by notifying the Retreat. 

2. In cases where the Guest has cancelled the whole or part of Rental Agreement based on the causes for which the Guest is liable, the Guest shall pay cancellation charges as listed in Exhibit, Table 2., In cases where the Guest does not appear by 8 p.m. on the accommodation date (or 2 hours after the expected time of arrival if the Retreat has been notified of it) without advance notice, the Retreat may regard the Rental Agreement as being canceled by the Guest.

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RIGHT TO CANCEL RENTAL AGREEMENT BY RETREAT

ARTICLE 7 

• The Retreat may cancel the Rental Agreement under any of the following circumstances: 
   

1. The Guest is deemed to be likely to commit any act non-compliant with laws or regulations or against the public order or morality, or found to have committed such an act. 

2. The Guest has committed any act significantly inconvenient to other Guests. 

3. The Guest has made any unfair demand to the Retreat or employees thereof, or demanded them to incur any unreasonable burden. 

4. The Retreat is unable to provide accommodation due to force majeure such as natural calamities. 

5. The Guest is deemed to be significantly drunk, speaks and behaves in a significantly extraordinary way, and is likely to cause any inconvenience to other Guests. 

6. The Guest is clearly deemed to be infected with any contagious diseases, etc. 

7. The Guest does not observe bans under the house regulations established by the Retreat. 
    

• The Retreat shall cancel the Rental Agreement under any of the following circumstances: 
   

1. The Guest is a member of a criminal organization group or involved with any criminal organization group, related group thereto, or other anti-social forces. 

2. The Guest is involved with any entity or other group managed/controlled by a criminal organization group or a member thereof. 
    

• In cases where the Retreat cancels the Rental Agreement in accordance with the preceding paragraphs, the Retreat shall not charge the Guest for any services not rendered. 

 

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REGISTRATION OF ACCOMMODATION

ARTICLE 8 

• The Guest shall register the following particulars with the Retreat on the day of accommodation (or prior): 
   

1. Name of the Guest(s) 

2. Date and planned time of departure 

3. Other particulars deemed necessary by the Retreat 
    

• In cases where the Guest intends to pay his/her Rental Charges as provided in Article 12 by any means other than cash, such as Accommodation Coupons designated by the Retreat or credit cards, the Guest shall present them to the Retreat upon the above registration in advance of the payment. 

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OCCUPANCY HOURS OF GUEST ROOMS

ARTICLE 9 

1. The Guest is entitled to occupy the contracted Guest room of the Retreat from 3 p.m. on the day of registration to 11 a.m. on the next day. When the Guest stays in the Retreat for consecutive days, he/she may occupy the room all day long, except for the dates of arrival and departure.

2. Notwithstanding the provisions in the preceding paragraph, the Retreat may permit the Guest to occupy the room beyond the designated time period above, provided that the Guest shall additionally pay the whole Rental Charges (set forth in Exhibit, Table 1). 

 

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COMPLIANCE WITH HOUSE REGULATIONS 

ARTICLE 10 

The Guest shall observe the house regulations established by the Retreat which are posted in the premises of the Retreat. 

 

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OPERATING HOURS 

ARTICLE 11 

1. The Guest may refer to the brochures supplied and notices displayed at various places in the Retreat for the details of the operating hours of facilities of the Retreat. 

2. The above operating hours may be changed when necessary for any unavoidable reason. In such a case, the Retreat will inform the Guest of the fact in appropriate means. 

 

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PAYMENT OF RENTAL CHARGES

ARTICLE 12 

1. The breakdown of the Rental Charges that the Guest shall pay and the way of payment thereof is listed in Exhibit, Table 1. 

2. The Guest shall pay the Rental Charge in the currency or other alternative payment means designated by the Retreat, such as Accommodation Coupons or credit cards at the departure or when requested by the Retreat. 

3. The Guest shall pay the Rental Charges even when the Retreat has made the room available for use by the Guest but the Guest has not used or stayed in it at his/her own discretion.

4. In case of any accommodation plan including breakfast and dinner, or any other additional services, the Guest shall pay the Rental Charges even when the Guest has not had such meals or used such services at his/her own discretion.

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LIABILITIES OF RETREAT

ARTICLE 13 

The Retreat shall compensate the Guest for damages if it has caused such damages to the Guest in the fulfillment or the nonfulfillment of the Rental Agreement and/or related agreements, provided that the Retreat shall not be liable if such damages are not attributable to the Retreat. The Retreat has received the standard fire prevention qualification certificate from the local fire department. 

 

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ARRANGEMENT AT UNAVAILABILITY OF CONTRACTED ROOMS

ARTICLE 14 

1. When the Retreat is unable to provide the Guest with the contracted room(s), it shall arrange, with the consent of the Guest, another accommodation of the same quality as the contracted room as practically as possible. 

2. When the arrangement of other accommodation cannot be made notwithstanding the provisions of the preceding paragraph, the Retreat shall pay the Guest a compensation fee equivalent to the cancellation charges, which will constitute the payment for damage, unless the Retreat is not attributed to such failure to provide a room to the Guest. 

 

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LIABILITY OF RETREAT FOR POSSESSIONS OF GUEST

ARTICLE 15 

1. When any possession of the Guest is lost or destroyed while kept in storage lockers, the Retreat shall compensate for such damage, except when such loss or destruction is caused by the force majeure or when the Guest hasn’t declared to the Retreat the kind and value of the possessions in the case where they are cash or valuables. 

2. In case of any loss or destruction of the possessions of the Guest that he/she has brought in the Retreat and has not secured in a locker, the Retreat shall not compensate for such damage, unless such damage, such as loss or destruction, is caused by the intent or fault of the Retreat. Even when the Retreat pays for such damage, it shall do so up to the value of USD$1,000 for those whose kind and value hasn’t been declared to the Host. The Retreat shall not pay for any damage of the loss or destruction of cash and valuables the Guest hasn’t secured in a locker. 

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CUSTODY OF BAGGAGE AND/OR BELONGINGS

ARTICLE 16 

When the baggage of the Guest is brought into the Retreat before his/her arrival, the Retreat shall be liable to keep it and to hand it over to the Guest at the time of his/her check-in only if the Retreat has agreed to do so in advance. 

 

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LIABILITY IN REGARD TO PARKING

ARTICLE 17 

The Retreat shall not be liable for the custody of any vehicle belonging to the Guest when the Guest utilizes the parking lot in the Retreat, whether or not the key of the vehicle has been deposited with the Retreat. 

 

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LIABILITY OF GUEST

ARTICLE 18 

The Guest shall compensate the Retreat for any damage caused by his/her intention or faults. 

 

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HANDLING OF PERSONAL INFORMATION

ARTICLE 19 

The Retreat shall properly handle the Personal Information provided by the Guest in accordance with the Privacy Policy. 

 

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APPLICABLE LAWS

ARTICLE 20 

The Rental Agreement concluded between the Retreat and Guest shall be in accordance with the laws of California, and United States District Court for the District of Delaware Court shall be the exclusive jurisdiction over any lawsuit in connection with the Rental Agreement. 

 

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REVISION OF TERMS AND CONDITIONS

ARTICLE 21 

These Terms and Conditions may be revised as necessary. 

EXHIBIT

Table 1: Breakdown of Rental Charges (Article 2-1 and Article 12-1)