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Terms and Conditions

These Terms and Conditions are an integral part of the Agreement between matsuri technologies
Inc. and Guest. Please read these Terms and Conditions carefully as they contain important
information about your legal rights, remedies and obligations. All other capitalized terms used
but not defined in these Terms and Conditions are used as defined in the Confirmation.

 

1. matsuri technologies Inc. Unit
Guest’s use of the Unit during the Term will, at all times, be in accordance with this Agreement.
Guest acknowledges that matsuri technologies Inc. may be the owner of the furniture and
furnishings within the Unit, but that the Unit and the building in which the Unit is situated (the
“Building”) are owned by a third party (“Owner”).

 

2. Guest Fees
All Guest Fees will be paid by credit card, wire transfer, or Payoneer. matsuri technologies Inc.
may, in its sole discretion on a case-by-case basis, permit some or all of the Guest Fees to be
paid by cashier’s check. If matsuri technologies Inc. permits Guest Fees to be paid by cashier’s
check, such check(s) must be received no later than seven (7) days prior to the due date for the
payment. Guest acknowledges and agrees that matsuri technologies Inc. will sustain costs and
damages as a result of a check or bank transfer that is not honored by the bank on which it is
drawn, and that it will be difficult to fix the actual amount of such damage with certainty. If
Guest’s check, Payoneer or bank transfer is returned or not honored by the bank on which it is
drawn, Guest agrees to pay to matsuri technologies Inc. the additional amount of $150.00 or
such other amount as allowed by law. A dishonored check or bank transfer will constitute a late
payment of a Guest Fee and will be subject to the provisions of Section 6 of these Terms and
Conditions regarding late payment, including but not limited to establishing Habitual Late
Payment (defined below).

 

3. Additional Charges
Guest shall pay any Additional Charges listed in the Confirmation, such as cleaning &
restocking fees, utility fees, parking fees, service fees, pet fees and administrative fees, on the
due dates specified in the Confirmation.

 

4. Security Deposit & Electronic Debit
4.1. Should Guest make payment through any other means besides instant bank transfer ,
matsuri technologies Inc. may retain a Security Deposit. Notwithstanding the above, all Guests
in Los Angeles, California shall be required to provide a Security Deposit. matsuri technologies
Inc. shall hold the Security Deposit during the Term as security for Guest’s performance of
Guest’s obligations under the Agreement. At the conclusion of Guest’s occupancy of the Unit,
matsuri technologies Inc. may retain and use the Security Deposit as allowed by applicable law
and the Terms and Conditions.
4.2. When applicable, under its sole discretion, matsuri technologies Inc. may retain all, or a
portion of, the Security Deposit for purposes of: (i) cleaning the Unit; (ii) repairing damages to
the Unit or to its furnishings or fixtures (including replacement), normal wear and tear excepted;
and (iii) paying any applicable deductible for claims submitted under the Protection Package
under Section 38 of these Terms and Conditions. matsuri technologies Inc. is not limited to the
Security Deposit to recoup damages and costs, and Guest remains liable for any amounts not
covered by the Security Deposit, including, without limitation, reasonable attorneys’ fees, costs,
unpaid Accommodation Fee, and expenses necessary to enforce the terms of this Agreement.
Where applicable, no portion of the Security Deposit may be applied by Guest toward any Guest
Fees, including the last month’s Accommodation Fee. matsuri technologies Inc. shall refund to
Guest any balance of the Security Deposit after making all necessary deductions within the

period required by applicable law (e.g., within fourteen (14) days of the end of occupancy, or
such longer period as may be mandated by law).
4.3. Instant bank transfer . Upon the Guest’s exit from the Unit, should it be determined by
matsuri technologies Inc.’s staff that matsuri technologies Inc. has incurred damages or losses
due to the booking of Guest, matsuri technologies Inc. will send to the Guest a report of the
damages evaluated in accordance with these terms and conditions. Guest hereby authorizes
matsuri technologies Inc. to automatically electronic debit from Guest’s bank account the sum
of the damages incurred to the Unit to be paid to matsuri technologies Inc., and its successors,
assigns, and/or servicers. Guest understands that if Guest’s bank subsequently rejects the
automated payment for insufficient funds, or any other reason, the damages, plus an additional
non-sufficient funds fee, as allowed by law, will be due to matsuri technologies Inc.. Guest
acknowledges that in the event the instant bank transfer fails, Guest remains liable for all
damages and is obligated to make payment to matsuri technologies Inc. in no more than seven
(7) business days.
4.4 If Guest provides valid banking details and instructs matsuri technologies Inc. to process the
Security Deposit refund via bank transfer by the time of check-out, the refund will be issued to
the designated bank account. If Guest does not provide banking details and instructions by the
time of check-out, the refund will be processed using the original payment method:
● If the Security Deposit was paid via credit or debit card, the refund will be issued to the
same card.
● If the refundable amount exceeds the original card payment, the excess will be refunded
via bank transfer once Guest provides valid banking details.
● If the Security Deposit was paid via wire transfer, the refund will be issued to the same
bank account.

 

5. Utilities, Amenities and Other Charges
The Confirmation sets forth the Utilities Fee for which Guest is responsible. In some instances,
the Accommodation Fee does not include charges for certain amenities that may be available in
the Building. In the event that any additional service packages for amenities are required to be
purchased by Guest in connection with the Unit, these will not be considered as part of the
Accommodation Fee. Such fees can be found itemized in Section 3.3 of the Confirmation.

 

6. Interest and Late Charges
6.1 In the event that the Guest fails to pay the full rent payment, utilities, and any other related
fees within 7 calendar days of the due date, matsuri technologies Inc. reserves the right to
charge a late fee of 2% of the total overdue amount, or the maximum amount permitted by law,
whichever is less.
6.2 This fee is intended to cover the additional administrative costs incurred due to the delay in
payment and will be applied in accordance with all applicable local laws and regulations. The
Guest acknowledges and agrees that timely payment of rent, utilities, and all other related fees is
essential under this agreement. Failure to remit payment on time may result in the application of
a late fee as described above.
6.3 The provision for a late charge does not constitute a grace period. Payment of any Guest
Fees late on 3 separate occasions within any 12-month period will constitute “Habitual Late
Payment” by Guest. Habitual Late Payment may be treated by matsuri technologies Inc. as a
breach of the Agreement by Guest, and matsuri technologies Inc. may, subject to applicable law,
and among its other remedies, terminate the Agreement and require Guest to vacate the Unit.
Payment of the late charge does not cure the late payment for purposes of establishing Habitual
Late Payment.

 

7. Cancellation Policy
7.1 All cancellations of the Reservation by the Guest shall be governed exclusively by the
cancellation policy of the online travel agency or platform (e.g., Airbnb, Booking.com, etc.)
through which the Reservation was made (the “OTA”). The OTA’s cancellation policy shall

prevail over any conflicting provision in this Agreement.
7.2 Guest acknowledges and agrees that any fees, penalties, or refunds related to a cancellation
will be handled in accordance with the applicable OTA’s cancellation policy, and that matsuri
technologies Inc. shall have no obligation to provide any refund or accept any cancellation on
terms more favorable to the Guest than those set forth in the OTA’s policy.
7.3 In the event that a Reservation was made directly with matsuri technologies Inc. and not
through an OTA, the cancellation policy specified in the Confirmation shall apply.

 

8. Early Termination
8.1. Although matsuri technologies Inc. attempts to accurately depict information about the
neighborhood, building and unit via photos and description on its website, Guest is still
expected to conduct reasonable due diligence on the characteristics of the state, city, and
neighborhood where the Building and Unit is located before booking. A desire to relocate from
one neighborhood to another will not be considered a valid basis of early termination.
Information about the Unit, its furnishings, amenities, appliances, and size, and in some cases
photographs and video tours, are available at the OTA or upon request; such materials shall be
deemed sufficient for Guest to have made an informed decision. A failure to conduct such due
diligence will not constitute a basis for termination. Guest will only be able to terminate this
Agreement in accordance with the terms contained herein. This provision is subject to Section
8.2 below.
8.2. Provided the Minimum Stay has been met, Guest may terminate the Term upon thirty (30)
days’ advance written notice to matsuri technologies Inc. In the event of such early termination,
if the monthly price for the dates Guest ends up staying is higher than the monthly price of
Guest's original dates, then Guest's price will be adjusted upward to what it would have been
had Guest booked it initially on Guest's same date of booking. Price adjustments impact on the
rent and any charges that are proportionate to the rent, such as installment payment surcharges.
Any service/booking, exit cleaning, or card processing charges are non-refundable.
Early termination may also obligate Guest to pay taxes associated with the duration of their stay,
which may not have been originally charged and which may vary from city to city. For example,
in New York City, if Guest stays in the unit for less than 180 days, Guest will need to pay the
Occupancy Tax (equal to 5.875% of the Accommodation Fee plus $120 for studio, $180 for 1
bedroom or $240 for 2-bedroom apartments per month). In Washington, DC, if Guest stays in
the unit for less than 92 days, Guest will be charged the Occupancy Tax (equal to 15.95% of the
Accommodation Fee).
8.3. To the extent permitted by law, matsuri technologies Inc. reserves the right to cancel the
reservation at any time where the Guest’s use of the Unit is: (i) in furtherance of illegal
activities; or (ii) Guest is engaging in behavior which is a nuisance to matsuri technologies Inc.,
Owner, or others; or (iii) in any manner may be prejudicial to the reputation of matsuri
technologies Inc.; or (iv) if, a reservation was made fraudulently, or otherwise in violation of the
terms and conditions of this Agreement.

 

9. Check-in / Check-out Times
Check-in time on the Commencement Date is 1PM at the earliest and check-out time on the End
Date is 11AM at the latest. Alternate check-in times may be possible by prior arrangement,
subject to availability. If Guest fails to vacate the Unit by 11AM on the End Date, matsuri
technologies Inc. may charge Guest an additional one day’s Accommodation Fee for one day
Guest occupies the Unit. This provision is intended to address a late out check-out by Guest on
the End Date, and does not limit matsuri technologies Inc.’s rights or remedies under this
Agreement or at law should Guest fail to vacate the Unit.

 

10. Term Extensions
Guest shall vacate and surrender possession of the Unit by 11:00 a.m. local time on the End
Date unless otherwise approved in writing by matsuri technologies Inc.. matsuri technologies

Inc. will do its best to accommodate all requests for extension. However, such extensions are
dependent upon availability and shall be granted by matsuri technologies Inc. at its sole
discretion. No extension of the Term shall be granted without the Parties' advance written
agreement, acceptance and execution of an applicable Guest Agreement by Guest and matsuri
technologies Inc..

 

11. Use and Occupancy of the Unit
The Unit shall be used as a private, single-family dwelling for residential purposes only and for
no other reason. The Unit shall not be utilized for purposes of carrying on any business,
profession or trade. Guest shall not place or store any personal property outside of the Unit, and
any unauthorized property so placed or stored is subject to removal and disposal by matsuri
technologies Inc. or by the Owner without prior notice. During the Term, the Unit will only be
occupied by the Guest and other authorized individuals listed on the Confirmation, such as
partners, spouses, and/or children (“Authorized Occupants”). All rules, limitations, prohibitions
or restrictions imposed upon Guest in this Agreement shall also be deemed to apply to
Authorized Occupants, regardless of whether or not Authorized Occupants are specifically
referenced in the applicable provision. Occupancy of any part of the Unit by any person other
than Guest or Authorized Occupants, including third-party guests or visitors, for a period of ten
(10) or more consecutive days or for more than a total of fifteen (15) days in any sixty (60) day
period shall require matsuri technologies Inc.’s advance written permission. In no event may the
number of occupants of the Unit exceed more than two (2) per bedroom at any given time.
Guest shall not commit, nor permit, any waste or nuisance upon, in or about the Unit or the
Building. Guest shall not take any action, nor permit any action, that interferes with the comfort,
safety or enjoyment of the other occupants of the Building.

 

12. Care of Unit
12.1. Guest shall maintain the Unit, furniture, furnishings and fixtures in a good, clean and
habitable order and condition. Guest also agrees to keep the interior of the Unit in good
decorative order, consistent with the original decorative condition of the Unit at the
Commencement Date, including all furniture, furnishings and fixtures. Guest shall pay for or
reimburse matsuri technologies Inc. for any furniture, furnishings or fixtures that are broken,
lost, stolen or damaged during the Term.
12.2. It is Guest’s obligation to report any maintenance issues, pest infestation, or other concerns
related to the condition of the Unit to matsuri technologies Inc. as soon as reasonably possible,
but in no event later than forty-eight (48) hours after Guest becomes aware of such condition.
Guest will be responsible for the cost of any general repairs and maintenance resulting from
damage to the Unit, the furniture or furnishings caused by Guest, Authorized Occupants, or any
of Guest’s invitees or guests. Without limiting the generality of the foregoing, Guest
acknowledges that Guest shall be responsible for the cost of the clearance of stoppages in waste
pipes, drains, water pipes or plumbing which are caused by improper use, and shall reimburse
matsuri technologies Inc. for such costs upon demand.
12.3. The Unit is equipped with a functioning smoke detection device(s) and, in some cases,
with a functioning carbon monoxide detection device(s) (collectively, “Devices”). If the Devices
are battery operated, Guest is responsible for replacing the Devices’ batteries as necessary to
maintain functionality; upon request, matsuri technologies Inc. or the Property manager of the
building may assist with the replacement of batteries during Guest stay. matsuri technologies
Inc. shall has a right to enter the Unit to check and maintain the Devices as provided by law.
Guest shall not, at any time, disable or remove an installed Device, and to do so will be
considered a material breach of this Agreement.
12.4. Guest shall not remodel, renovate, paint, refinish floors, or otherwise alter the Unit,
common areas, or any other parts of the Building. By way of example of prohibited alterations,
but without limitation, Guest shall not (i) apply adhesive paper to any cabinets, walls, or doors,
(ii) hang planters, lighting or other fixtures from ceilings or walls, (iii) attach any coverings to

floors or walls, or (iv) install any appliances or outside antennae in or on the Unit.
12.5. Guest may not remove any of the furniture or furnishings from the Unit. Removal of
furniture may be accommodated by matsuri technologies Inc. upon specific request, in matsuri
technologies Inc.’s sole discretion and at an additional charge. Guest acknowledges that they
will be held financially fully responsible for all damaged or missing furniture.
12.6. Guest shall maintain the Unit in a manner that prevents the occurrence and infestation of
mold or mildew in the Unit, including the use of equipped bathroom exhaust fans where
applicable and/or opening windows as necessary to avoid excess moisture build-up.

 

13. Non-Smoking Policy
13.1. The Unit is non-smoking. Smoking of any substance is not allowed in the Unit or any
adjacent outdoor areas, including on any balcony or patio and all other common areas of the
Building. matsuri technologies Inc. will charge, and Guest agrees to pay, a damages fee of $500
for each violation of this policy, in addition to the actual costs for replacement of furniture,
additional deep cleaning services, repainting, and other remedial services required to return the
Unit, its furniture, and furnishings to its prior condition. Guest shall inform his or her guests,
invitees or visitors of the Unit of this smoking prohibition and shall be responsible for their
adherence to it. Any breach of this section or violation of this non-smoking policy by Guest
shall be deemed a material breach of the Agreement and grounds for termination thereof. Guest
acknowledges and agrees that there may be other units in the Building where smoking is
permitted, that matsuri technologies Inc. has no ability to prevent such smoking, and that
matsuri technologies Inc. shall not be liable for any damages or injury to Guest’s health or
personal property in connection with the use of tobacco or tobacco products by any other
occupant in the Building. Guest shall promptly notify matsuri technologies Inc. in writing of any
incident where smoke is migrating into the Unit from sources outside of the Unit.
13.2. Guest acknowledges that by smoking within the unit, a long term smell and/or residue may
develop that is not easily cleaned and that matsuri technologies Inc. may be forced, at its
discretion, to replace all or some of the furnishings in order to remove the smell, and repaint
discolored walls. Guest acknowledges that any and all damages incurred to furnishings and/or
fixtures, which includes smoking residue and smell, will require matsuri technologies Inc. staff
to replace such furnishings or fixtures. Guest agrees to be held liable for the actual replacement
value of the furnishings and/or fixtures plus an administrative fee proportional to the actual
damage. Guest further acknowledges that matsuri technologies Inc. may also lose up to one
month of availability to rent the unit due to the time it takes for matsuri technologies Inc. to
clean, repair, and refurnish the Unit for which Guest agrees to be held liable.

 

14. Repairs & Maintenance
14.1. All communication relevant to repairs and maintenance tasks shall be made and carried
out, whenever possible, through the online travel agency or platform (e.g., Airbnb,
Booking.com, etc.) through which the Reservation was made (“OTA”). If it is not feasible to
communicate through the OTA, Guest may contact matsuri technologies Inc. via phone or
email. The matsuri technologies Inc. client experience team is available to assist from 09:00AM
- 6:00PM Eastern Time, Monday – Friday, and can also be reached on an emergency telephone
line for urgent matters 24/7. All non-urgent requests submitted outside of these normal working
hours will be reviewed the following working day. matsuri technologies Inc. will handle all
maintenance issues upon request and, depending on the nature of the issue, there may or may
not be an additional charge imposed on Guest. Guest shall alert matsuri technologies Inc.
immediately of any emergency issues by telephone.
14.2. Subject to applicable law, matsuri technologies Inc. and the Building property managers
have the right to enter the Unit to perform repairs and inspections upon twenty-four (24) hours
notice, or upon no notice in the event of an emergency.
14.3. Guest acknowledges that the Unit and the Building may, from time to time, require
renovations or repairs to keep them in good condition and that such work may result in

temporary loss of use of portions of the Building or the Unit. Such portions may include, by
way of example but without limitation, swimming pools, fitness centers, laundry facilities, and
other amenities. Guest agrees that any such loss or resulting inconvenience will not constitute a
reduction in housing services or otherwise warrant a reduction in Guest Fees other than the
pro-rated portion of any Additional Fee charged specifically for the impacted amenity.

 

15. Relocation
Circumstances may arise from time to time that render a Unit unavailable for all or part of the
Term; such circumstances include (but are not limited to) significant building maintenance or
natural disaster. matsuri technologies Inc. reserves the right to relocate Guest to another Unit of
comparable quality, in the same Building or a comparable quality Building, upon reasonable
notice, should the originally booked Unit become unavailable for any reason. In the event that
matsuri technologies Inc. notifies Guest of its intention to relocate Guest and Guest does not
desire to be relocated, or if the Unit otherwise becomes unavailable during the Term, Guest has
the right to cancel the Agreement and to receive a refund of the remaining Guest Fees on a
pro-rated basis. Neither matsuri technologies Inc. nor the Owner will be liable for any further
amounts in respect of the cancellation of the Agreement.

 

16. Background Checks
All Guests and Authorized Occupants listed on the Confirmation may be subject to background
checks. If a background check is required by matsuri technologies Inc., Guest acknowledges
that Guest and/or any Authorized Occupants shall be required to authorize such background
check as a condition of securing Guest’s Confirmation. Failure to provide all necessary
information for a background check at least twenty-four (24) hours prior to the scheduled
Move-in Date may jeopardize the timely access to the unit and constitute grounds for matsuri
technologies Inc. to terminate the Agreement.

 

17. Building Rules and Regulations
Guest, the Authorized Occupants, Guest’s invitees and visitors shall comply fully and at all
times with all rules and regulations of the Building, as well as any restrictions imposed by the
Owner and provided by matsuri technologies Inc. to Guest. Building rules shall be provided to
Guest at the commencement of the Term, and Guest acknowledges receipt thereof.Guest is
responsible for ensuring that its invitees and visitors comply with all such rules, regulations and
restrictions. Any failure by Guest, the Authorized Occupants, or Guest’s invitees or visitors to
comply with the rules and regulations of the Building will be a material breach of this
Agreement, and matsuri technologies Inc. will be entitled to terminate the Agreement and
require Guest to vacate the Unit.

 

18. No Assignment, Subleasing or Short-Term Rental
Guest may not assign its rights under this Agreement. Guest may not sublet or transfer
possession of all or any part of the Unit to any third-party. Guest may not list the Unit on any
short term rental site such as Airbnb, VRBO or other such service. Any advertising or on-line
postings as well as actual rentals of the Unit to vacation or short-term guests by Guest
constitutes a material breach of this Agreement and, subject to applicable law, matsuri
technologies Inc. will be entitled to terminate this Agreement and require Guest to vacate the
Unit. Any person who is not the Guest or an Authorized Occupant who occupies any portion of
the Unit, for any period of time for any consideration whatsoever (including, without limitation,
the payment of money and/or barter of other goods, services, or other property occupancy
rights) is not deemed to be a guest or visitor hereunder, and such occupancy shall constitute an
unauthorized subletting or assignment under the terms of this section.

 

19. Scheduled Unit Visitation
Without limiting matsuri technologies Inc.’s right to access the Unit for repair and maintenance,
Guest acknowledges that matsuri technologies Inc. has the right to conduct non-emergency
visits to the Unit, upon twenty-four (24) hours’ notice, so as to examine the condition of the
Unit or to inspect, maintain, repair or replace the furniture and furnishings, or for the purpose of

complying with any obligations imposed by the Owner or by law. matsuri technologies Inc. has
the additional right to conduct viewings of the Unit with potential new guests during the last
forty-five (45) days of the Term, upon twenty-four (24) hours’ notice to the Guest, between the
hours of 8:00am and 7:00pm local time.

 

20. Freight Elevator Charge
Use of freight elevators in the Building will be subject to availability. Guest will be responsible
for any freight elevator charge imposed by the Building.

 

21. Pet Policy
Certain pets may be allowed in certain Units, as indicated on the OTA. No pets or animals
(including, without limitation, dogs, cats, birds, fish, reptiles, rodents or insects) are allowed in
or about the Unit or the Building, including on a temporary basis or with an accompanying
visitor, except as required by law or by the express written consent of matsuri technologies Inc.
as set forth in the Confirmation. In the event that matsuri technologies Inc. permits Guest to
keep a pet in the Unit, a pet deposit or fee will be required as set forth in the Confirmation, and
Guest assumes full responsibility for any additional damages caused by the pet. Guest
acknowledges and agrees that there may be other units in the Building where pets are permitted,
that matsuri technologies Inc. has no ability to prevent other occupants from keeping pets, and
that matsuri technologies Inc. shall not be liable for any damages or injury to Guest’s health or
personal property in connection with the presence of animals in or around the Building. Dogs
that are purebreds or mixes of the following breeds are prohibited: Akita, Alaskan Malamute,
Chow-Chow, Doberman, German Shepherd, Great Dane, Mastiff, Pit Bull (American
Staffordshire Terrier, American Pit Bull Terrier, Staffordshire Bull Terrier), Presa Canario,
Rottweiler, Saint Bernard, Shar Pei, Siberian Husky, and Wolf Hybrid.

 

22. Keys & Premises Access Cards
Guest will receive keys or electronic access cards (collectively, “keys”). Guest is responsible for
the security of the Unit until all keys, access cards and/or parking controls have been returned to
matsuri technologies Inc.. At no time may Guest change, rekey the locks, or add additional
locks or security devices to the Unit. If a matsuri technologies Inc. staff member needs to visit
the Unit to unlock the door for a Guest, or if the Guest loses a copy of their keys, then a fee will
be charged in the amount of $200. If some, or all of the keys, are not returned to matsuri
technologies Inc. following the conclusion or termination of the Agreement, Guest will be
charged $200 additional rent for direct key replacement costs. Guest acknowledges that this sum
is a fair amount of the actual value of the keys and the labor necessary to replace such keys.
Guest further acknowledges that matsuri technologies Inc. is authorized to automatically
subtract the sum from the Guest’s Security Deposit in accordance with the terms of Section 4.
matsuri technologies Inc. reserves the right, at its sole discretion, to periodically update the
aforementioned fees, upon ten (10) days written notice served in accordance with Section 38 of
this Agreement.

 

23. Lockout Policy
In the event that Guest becomes locked out of the Unit or the Building, matsuri technologies
Inc. or the Building may charge an additional fee for lockout services in the amount of $200 per
lockout.

 

24. No Criminal Activity
24.1. The Unit may only be used as a residential dwelling. No use of the Unit or the Building by
Guest or Guest’s visitors for activities of an illegal nature will be tolerated, whatsoever.
Violation of this policy constitutes a material breach of this Agreement, and matsuri
technologies Inc. reserves the right to immediately terminate this Agreement in connection with
any violation of this policy.
24.2. Guest shall defend, indemnify, and hold harmless the Owner and matsuri technologies
Inc., its directors, officers, members, employees, agents, representatives, and affiliates from and
against any cost, expense, loss, damage or deficiency, including attorneys’ fees, incurred by

matsuri technologies Inc. and Owner resulting from the following: (i) Any obligation or
judgment by, against, or affecting matsuri technologies Inc. and arising out of Guest’s conduct
occurring prior to execution of this Agreement; (ii) Any incident arising from Guest’s
occupancy at the Unit involving: 1) matsuri technologies Inc. and/or its employees, agents,
representatives, affiliates, clients, or vendors; 2) third parties hired by Guest, Guest’s employees,
agents, representatives, affiliates, clients, and vendors; 3) the property at which the Unit is
located (“the Property”), the Property’s management, employees, agents, representatives,
affiliates, clients, vendors, and/or governing body; and 4) third parties residing at, working at, or
visiting the Unit and/or Property and its premises; and (iii) The breach or non-performance by
Guest of any representation, warranty, or other term or condition of this Agreement.

 

25. Disclaimer
matsuri technologies Inc. will not be held responsible for any claims which result from any of
the following: (i) the fault of the person(s) affected or any member(s) of their party, or (ii) the
fault of a third party not connected with provision of accommodation by matsuri technologies
Inc. which could not have been predicted or avoided, or (iii) an event or circumstance which
could not have been predicted or avoided even after taking reasonable care.

 

26. Additional Services
matsuri technologies Inc. does not accept responsibility for any services that are not part of the
agreed service package specified in the Confirmation. This includes any additional services or
facilities that other suppliers have been instructed by Guest to provide.

 

27. Use of Facilities at Own Risk
Operating instructions for various appliances available within the Unit may be provided upon
Guest’s request. Guest is responsible for following all safety instructions when using the
appliances. For further assistance, Guest should seek immediate assistance from matsuri
technologies Inc.. In cases where facilities or amenities such as swimming pools, fitness
equipment, garden equipment, boats etc. are available, their use is strictly at Guest’s own risk
and in Guest’s own discretion, and must be in accordance with the Building’s rules and
regulations.

 

28. Termination
28.1. This Agreement is for a fixed term. This Agreement serves as at least thirty (30) day
written notice from matsuri technologies Inc. to Guest that matsuri technologies Inc. wishes to
terminate the booking on the End Date. This Agreement also serves as at least thirty (30) day
written notice from Guest to matsuri technologies Inc. that Guest wishes to terminate the
reservation on the End Date.
28.2. Except where limited by law, matsuri technologies Inc. may, upon written notice,
terminate this Agreement immediately upon the occurrence of: (i) damage to the Unit by Guest,
(ii) Guest’s violation of any Building rules and regulations, (iii) criminal activity by Guest, (iv)
Habitual Late Payment as defined in Section 6 of these Terms and Conditions, (v) Guest’s
material breach of this Agreement, or (vi) such other event as otherwise specifically set forth in
this Agreement.

 

29. Vacation of Unit
Guest, and their invitees or visitors, must vacate the Premises on or before the End Date. Upon
termination of the Agreement, whether occurring on the End Date or by early termination, Guest
shall completely vacate the Premises and any parking or storage areas; and deliver all keys,
furnishings, if any, and the Unit to matsuri technologies Inc. in the same condition as received
excepting normal wear and tear. It is agreed by the parties to this Agreement that delivery of
possession shall be deemed to occur when Guest delivers the keys to the Unit to matsuri
technologies Inc. or matsuri technologies Inc.’s agent during normal business hours as stated in
this Agreement. If Guest, and their invitees, fail to vacate the Unit by the specified End Date or
earlier termination date of this Agreement, matsuri technologies Inc. reserves the right to enter
the Unit and remove all remaining personal belongings, subject to any legal restrictions. In

addition, if Guest, and their invitees, fail to vacate the Unit by the specified End Date or earlier
termination date of this Agreement, matsuri technologies Inc. may recover from Guest, in
addition to possession, the special damages as outlined in Section 31 of this Agreement.

 

30. Personal Property
matsuri technologies Inc., at its discretion, will use reasonable efforts to assist Guest in
recovering items of personal property that Guest inadvertently leaves behind upon vacating the
Unit. Nevertheless, neither matsuri technologies Inc. nor the Owner assumes any obligation or
liability for loss or damage to items of personal property during the Term, or inadvertently left
in the Unit thereafter. This includes but is not limited to damage or loss arising from fire, water,
theft, flooding, or similar occurrences during the Term. matsuri technologies Inc. shall not be
liable for lost or stolen packages that fail to arrive at the premises.

 

31. Special Damages
Subject to the circumstances contemplated by Section 9, Guest acknowledges that the damage to
matsuri technologies Inc. resulting from any failure by Guest to timely surrender possession of
the Unit may be substantial, may exceed the amount of the Accommodation Fee, and is
impossible to accurately predict at the time of execution of this Guest Agreement.
Accordingly, Guest agrees that if possession of the Unit is not surrendered to matsuri
technologies Inc. on or before 11:00 a.m. on the End Date, in addition to any other rights or
remedies matsuri technologies Inc. may have hereunder or at law, Guest shall: (a) pay to matsuri
technologies Inc. the following holdover fees:
(i) after the first 30 days during which Guest holds-over in the Unit, a sum equal to: (1) two
times the Accommodation Fee (other than Percentage Accommodation Fee) payable under this
Agreement for the last full calendar month of the Term; plus (2) the Percentage Accommodation
Fee payable under this Agreement for such period; and
(ii) for each month (or portion thereof) thereafter that Guest holds-over in the Unit, a sum equal
to three (3) times the Accommodation Fee (other than Percentage Accommodation Fee) payable
under this Agreement for the last full calendar month of the Term; plus the Percentage
Accommodation Fee payable under this Lease; which amounts shall be payable in lieu of any
“use and occupancy” payment permitted or required by law; and
(b) be liable to matsuri technologies Inc. for any payment or Accommodation Fee concession
that matsuri technologies Inc. may be required to make to any future guest for all or any part of
the Unit (a “New Guest”), in order to induce such New Guest not to terminate its lease by
reason of the holdover by Guest, provided that such new agreement is fully executed prior to the
date upon which Guest vacates the Unit, and matsuri technologies Inc. notifies Guest that
matsuri technologies Inc. incurred such payment and/or concession. (c) all damages sustained
by matsuri technologies Inc., plus matsuri technologies Inc.’s costs of recovering said amounts
and possession, including reasonable attorney’s fees. (d) matsuri technologies Inc., at its
discretion, shall opt to waive such holdover fees in extenuating circumstances.

 

32. Confidentiality
Guest shall keep the terms of this Agreement confidential and will not disclose the same to any
other person or entity, except as may be required by the order of a court of competent
jurisdiction or as otherwise allowed by law.

 

33. Privacy Policy
Guest acknowledges that Guest has read and agrees to the terms and conditions in matsuri
technologies Inc.’s Privacy Policy, which is incorporated into this Agreement by reference.

 

34. Subordination
Guest acknowledges that Guest has read and agrees to the terms and conditions in matsuri
technologies Inc.’s Privacy Policy, which is incorporated into this Agreement by reference.

 

35. Privacy & Marketing
The parties hereto agree to manage personal data using industry-standard best practices and
remain in compliance with all laws, rules, and regulations regarding data privacy, including,

without limitation Regulation (EU) 2016/968 (the “Regulation”) and the associated Directive
(EU) 2016/680 (the “Directive” along with the Regulation, collectively, the “General Data
Protection Regime” or “GDPR”). Nevertheless, matsuri technologies Inc. may use Guest
information for data analysis, identifying usage trends, determining the effectiveness of our
promotional campaigns and to evaluate and improve the guest experience. Accordingly, Guest
agrees that personal data provided to matsuri technologies Inc. may be used for marketing
purposes (e.g. receiving of matsuri technologies Inc. newsletters and offers by matsuri
technologies Inc.). Guests warrants and represents that it is giving matsuri technologies Inc., its
agents and assigns consent to call the cellular telephone numbers associated with the Guest
using an Automated Telephone Dialing System, as defined by the Telephone Consumer
Protection Act of 1991 (and as amended), 47 U.S.C. § 227. Guest also provides consent to
matsuri technologies Inc. permission to share the consumer’s nonpublic personal information, as
defined under the Gramm Leach Bliley Act (“GLBA”) (15 U.S.C. § 6802 (e)), or its
implementing regulations) with Safe Rent and Equifax, and similar services, which is used by
matsuri technologies Inc. for the express purpose of fraud prevention. Guest provides consent to
receive text messages from such third-party providers as necessary to further this end. Guest
may opt-out of receiving any, or all, of these marketing communications from matsuri
technologies Inc. by submitting a request to the third-party provider. Guest indemnifies, defends
and holds matsuri technologies Inc. harmless from and against any claims, losses, damages,
judgements, or orders relating to any violation of the GDPR in connection with the acts or
omissions of Guest. The indemnity contained in this paragraph shall survive the termination of
this Agreement.

 

36. Military Clause
In the event that Guest is, or hereafter becomes, a member of the United States Armed Forces
on extended active duty and hereafter the Guest receives permanent change of station orders to
depart from the area where the Building is located, or is relieved from active duty, retires or
separates from the military, or is ordered into military housing, then in any of these events, the
Guest may terminate this lease upon giving thirty (30) days written notice to the matsuri
technologies Inc.. The Tenant shall also provide to the matsuri technologies Inc. a copy of the
official orders or a letter signed by the tenant's commanding officer, reflecting the change,
which warrants termination under this clause. The Guest will pay prorated rent for any days that
the Guest occupies the dwelling past the first day of the month.

 

37. Diplomatic Clause
If any Guest or their partner, is or becomes a member of the Foreign Service of the United
States Department of State, or is employed by any other Federal agency, then the Guest may
terminate this rental contract on thirty (30) days written notice to matsuri technologies Inc. if
any of the following conditions apply: (1) the Guest receives permanent change of station orders
to another area; (2) the Guest is separated from the Foreign Service or other Federal agency; or
(3) If the Guest has leased the property prior to his/her arrival and has subsequently received
official reassignment orders, including TDY orders for sixty days or more, to a location outside
50 miles from the property. Documentary evidence shall accompany the written notice.

 

38. Insurance Program Provided by Booking Platform (OTA)
If the booking for the Unit is made through an online travel agency or platform (e.g., Airbnb,
Booking.com, VRBO, or any other similar service, collectively “OTA”), and such OTA
provides or requires a guest insurance, damage waiver, or protection program (“OTA Insurance
Program”), Guest will be automatically enrolled in the OTA Insurance Program in accordance
with the OTA’s terms and conditions.
Guest agrees to comply with all requirements of the OTA Insurance Program and acknowledges
that all coverages, deductibles, limitations, and exclusions are determined solely by the OTA or
its insurance provider.

The fees or premiums associated with the OTA Insurance Program, if any, shall be paid by the
Guest in accordance with the OTA’s payment schedule and shall be collected together with the
Accommodation Fee or as otherwise directed by the OTA.
Guest acknowledges and agrees that:
● The OTA Insurance Program is administered and provided solely by the OTA or its
designated provider, not by matsuri technologies Inc.;
● matsuri technologies Inc. makes no representations or warranties regarding the scope or
sufficiency of coverage;
● it is Guest’s responsibility to review the OTA Insurance Program and determine whether
additional insurance (such as renters’ insurance or liability insurance) is necessary for
Guest’s personal protection;
● any claims, inquiries, or disputes related to the OTA Insurance Program must be
directed to the OTA or its insurance provider.

If no OTA Insurance Program is provided or required by the OTA, Guest is solely responsible
for obtaining and maintaining any insurance coverage Guest deems appropriate.
matsuri technologies Inc. may receive a limited administrative fee or commission from the OTA
to cover clerical or processing expenses related to Guest’s participation in the OTA Insurance
Program; however, matsuri technologies Inc. is not an insurer, broker, or agent of the OTA
Insurance Program.

 

39. Force Majeure
matsuri technologies Inc. does not accept liability nor pay any compensation for any unforeseen
events that may take place in the Unit or the Building outside of matsuri technologies Inc.’s
control. Any such events will be considered events of “Force Majeure” and NOT as negligence.
Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist
activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire,
swimming pool closure, power outages, air-conditioning failure, elevator shut downs, TV
telephone or internet service interruptions, water shortages, construction noise, evacuation by
authorities, global pandemics, and all similar events. Any delays in the performance of any
obligation of matsuri technologies Inc. under this Agreement shall be excused to the extent that
such delays are caused by events of Force Majeure, and any time periods for performance will
be extended accordingly.

 

40. Attorneys’ Fees, Collection Agency Fees, Costs, and Expenses
In the event that Guest breach this Agreement or violates applicable laws, Guest agrees to pay
matsuri technologies Inc. for all of its fees and expenses related to matsuri technologies Inc.’s
enforcement of its rights under this Agreement, including, without limitation, expenses for
collection of amounts owed from Guest, obtaining possession of the Unit from Guest, including
reasonable attorneys’ fees, collection agency costs (including the agency’s fees and its legal
fees), and all costs of collection for obtaining and enforcing any judgment against Guest, and all
post-judgment costs of collection, including all post-judgment attorneys’ fees and costs as
permitted by law.

 

41. Consent To Electronic Service of Process
Guest agrees and consents to service of any process, including formal legal process in any legal

proceedings, by electronic service, including e-mail, private facsimile, and any other forms of
electronic communication to any contact point Guest provides to matsuri technologies Inc.
during registration. Renter agrees to deem any service by electronic means to be the same as
personal service. This clause shall survive the termination of this Agreement.

 

42. Notices & Communications
All Reservation cancellations must be delivered by e-mail. Written notices required to be sent
by matsuri technologies Inc. to Guest shall be sent by registered mail or courier to the addresses
listed in Guest's Confirmation or, if none are provided, to Guest's address at the Unit.
Notwithstanding the above, Guest consents to matsuri technologies Inc. providing any and all
legal notices, including service of process and debt to collection, to Guest by electronic mail at
the e-mail address provided by Guest during registration.

 

43. Applicable Law
Except for legal matters regarding the collection of a debt under this Agreement, this Agreement
is subject to the law of the jurisdiction where the Unit is located.

 

44. Jurisdiction & Venue
Guest agrees that any legal proceeding brought by matsuri technologies Inc. to collect a debt
incurred by Guest arising out of this agreement shall be brought, at the discretion of matsuri
technologies Inc., in any court having proper jurisdiction within the State of New York. Guests
submits to such New York jurisdiction, and waives any objection to venue and/or claim of
inconvenient forum. This provision should not be construed to preclude matsuri technologies
Inc. or its agents, successors or assigns, to pursue such debt in the forum in which the Unit is
located. This clause shall not apply for obtaining possession of the Unit which shall occur at the
jurisdiction and venue required by law. This clause shall survive the termination of this
Agreement.

 

45. Miscellaneous
The waiver of one breach of any term, condition, covenant or obligation of this Agreement by
us shall not be considered to be a waiver of that or any other term, condition, covenant or
obligation or of any subsequent breach thereof. If any provision of this Agreement, or portion of
such provision, or the application thereof to any person or circumstance, is held invalid, the
remainder of the Agreement or the remainder of such provision and the application thereof to
other persons or circumstances shall not be affected thereby. This Agreement and the
Confirmation may not be changed, modified, or canceled except in writing signed by both
parties and shall be binding on and inure to the benefit of the Guest or to matsuri technologies
Inc. or its successors and assignees.

 

46. Promo Codes
46.1 Promo codes cannot be stacked or combined.
46.2 Once applied, promo codes cannot be swapped or changed.
46.3 Promo codes are only valid if applied at the time of booking. They cannot be added
retroactively.
46.4 matsuri technologies Inc. reserves the right to cancel promotions at any time, provided they
have not been used in a completed reservation.
46.5 Each promo code has specific eligibility requirements, such as location, booking
timeframe, stay length, minimum booking value, and maximum redemptions. Customers unsure
of their eligibility should contact matsuri technologies Inc..
46.6 Promo codes do not carry over to booking extensions.
46.7 If any changes initiated by Guest are made to a booking that violates the eligibility
requirements of a promo code (e.g., early termination or cancellation), the promo code will no
longer be applicable and the corresponding discount amount can be revoked and charged for
payment.

 

47. Business Upgrade
The Business Upgrade: (the “Upgrade”) is an optional booking add-on that Guests can purchase

for their stay. The Upgrade is applied per booking version and must be repurchased to be
considered valid for extensions or other future bookings. The Upgrade is an upfront charge and
non-refundable. When the Upgrade is purchased, the following terms are effective for
Cancellations:
● Cancellations: Guest can cancel their stay for a full refund if the Guest provides notice
to matsuri technologies Inc. at least 30 days before the Commencement Date. Card
processing fees are non-refundable. Cancellation requests must be received in writing
by matsuri technologies Inc. to be considered effective.
If the Upgrade is not purchased, the Upgrade terms above are considered invalid, and the
standard guest agreement terms apply.

 

48. Acceptance of Terms
By making a booking through any platform or channel (including matsuri technologies Inc.’s
website, any online travel agency such as Airbnb or Booking.com, or by directly or indirectly
instructing matsuri technologies Inc. to make a booking on Guest’s behalf), Guest acknowledges
and agrees to be bound by this Guest Agreement and the Terms and Conditions, and agrees to
pay the total amount quoted.

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Company name: matsuri technologies Co., Ltd.

Address: 4th floor, Daiichi Katsura Castle Building, 2-5-23 Takadanobaba, Shinjuku-ku, Tokyo

TEL: 03-6228-0440

© 2021 by matsuri technologies

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