Private Lodging Administrators
What is a Private Lodging Administrator?
What is a Private Lodging Administration Business?
Refers to a business that conducts private lodging administration for a fee, undertaking the entrustment from a private lodging operator set forth in Article 11, paragraph 1.The private lodging administration business refers to a business conducting the maintenance of notified lodging necessary for the proper implementation of business and private lodging business under the provisions from Article 5 to Article 10.
What is a Private Lodging Administrator?
A person who has been registered as a private lodging administration business and is operating as such.
How to Start the Business
A person who intends to engage in the Private Lodging Administration Business needs to obtain registration from the Minister of Land, Infrastructure, Transport and Tourism.Upon application for registration, the Private Lodging Administrator shall submit the application form with the necessary details completed and an attachment of a written oath stating that he or she does not fall under any disqualification requirements set forth in Article 25, paragraph 1.
In addition, the registration needs to be renewed every 5 years.
Duties of the Private Lodging Administrator
The Private Lodging Administrator needs to take the following measures mainly for conducting an appropriate Private Lodging Administration Business.
（１）Prohibition of Misleading Advertising
In advertising the business, the Private Lodging Administrator shall not give indications of matters that are significantly contradictory to facts or that mislead others to believe that such conditions are significantly better or more favorable than the actual conditions.
・Matters concerning the liability of the Private Lodging Administrator
・Matters concerning the amount of fees
・Matters concerning the cancellation of the Entrusted Administration Agreement
（２）Prohibition of Unjust Solicitation
In the Private Lodging Administration Business, the following acts of information on important matters that may have an impact on the judgment of the Consignor and misrepresented information to solicit the conclusion of a Entrusted Administration Agreement are prohibited.
・Actions to solicit by phone or paying visits at times which the entrustee feels it to be troublesome
・Actions to solicit with persistence, although an entrustee declared his/her intention not to conclude or renew an agreement
・Actions to conclude an Entrusted Administration Agreement, although it is clear that proper conduct of Private Lodging Administration Business cannot be secured, taking the location and other affairs of the notified lodging into consideration
（３）Issuance of Documents upon Conclusion of Entrusted Administration Agreement
To conclude an Entrusted Administration Agreement, the Private Lodging Administrator shall issue documents and explain matters concerning the details and performance of an Entrusted Administration Agreement to the Consignor before or by the conclusion of the agreement.
＜Main Matters to Be Stated on Documents Before Conclusion＞
・A trade name, title or name of the Private Lodging Administrator with its registered date and registered number
・Eligible notified lodging covered by the Private Lodging Administration Business
・Contents and Implementation method of the Private Lodging Administration Business;
・Matters concerning fees such as payment term and method, etc.
＜Main Matters to Be Stated on Documents upon Conclusion＞
・Matters on reports to the Private Lodging Operator as set forth in Article 40, in addition to the matters listed on the document before conclusion(※）
（※）The Ministry of Land, Infrastructure, Transport and Tourism has formulated the standard Entrusted Administration Agreement to ensure the conclusion of appropriate Entrusted Administration Agreement and smoothly delegate the management of notification housing and it shall be actively used to prevent troubles.
Please refer to the homepage of The Ministry of Land, Infrastructure and Transport for the format of details.
（４）Prohibition of Re-entrustment of Private Lodging Administration Business
The Private Lodging Administrator shall not re-entrust to others the whole of the Private Lodging Administration Business entrusted by the Private Lodging Operator.
（５）Implementation of Private Lodging Administration Business
When a Private Lodging Business Operator entrusts private lodging management work to a Private Lodging Administration Business, the provisions in Articles 5 through 10 (※) shall apply mutatis mutandis to the Private Lodging Administrator who received the consignment and will be responsible for the Private Lodging Administration at a notified lodging.
＜※Provisions from Article 5 to Article 10＞
・Ensuring the Health of Lodgers
・Ensuring the Safety of Lodgers
・Secure the Comfort and Convenience of Lodgers who are Foreign Tourists
・Preparation of the Lodgers' Registry Book
・Explanation on Prevention of Harmful Effects on the Living Environment in the Surrounding Area
・Response to Complaints
（６）Carrying of Identification Cards
Private Lodging Administrators shall, as prescribed by ordinance of the Ministry of Land, Infrastructure, Transport and Tourism, not allow their employees and other workers who engage in the business to actually engage in the operations without carrying identification cards that certify that they are the Private Lodging Administrator's employees or workers. Each employee's name with the location of the business office or offices the person works, and the registration number and other matters of the Private Lodging Administrator will be stated on the card.
（７）Preparation of Account Books
The Private Lodging Administrator shall prepare account books concerning the business at each business offices or other office, list the date of concluding the Entrusted Administration Agreement and other matters for each notified lodging, close the date at the end of each business year and preserve them for 5 years after such closure.
（８）Posting of Signs
The Private Lodging Administrator shall post a sign in the format specified by ordinance of the Ministry of Land, Infrastructure, Transport and Tourism in a place accessible to the public at each of its business offices or other offices, as it is required to clarify that the agent is registered properly.
（９）Periodic Reporting to Private Lodging Operator
A Private Lodging Administrator shall report the implementation status of the Private Lodging Administration Business and other matters to the Private Lodging Operator, who has concluded the Entrusted Administration Agreement, at the end of a business year or after the termination of the agreement term.