Private Lodging Agents
Private Lodging Agents
What is Private Lodging Agency?
A business that conducts a Private Lodging Agency by a person other than travel agents as prescribed in Article 6-4, paragraph 1 of Travel Agency Act, gaining remuneration to fulfill the duties.The Private Lodging Agency Business means the following actions.
（１）Activities as an agent, intermediary, or a broker of lodgers in concluding a contract for receiving lodgment service at a notified housing; and
（２）Activities as an agent or intermediary of Private Lodging Operators in concluding a contract for providing lodgment service to lodgers at a notified housing.
What is Private Lodging Agent?
A person engaged in the Private Lodging Agency after receiving registration.
Registration of the Travel Agency Act is required in order to conduct Agency of Special Zone Housing Facilities etc. for Simple Lodging based on the Inns and Hotels Act and Act on National Strategic Special Zones.
How to Start a Business
A person who intends to operate the Private Lodging Agency Business needs to obtain registration from the Commissioner of the Japan Tourism Agency.Upon application for registration the Private Lodging Agent shall required matters and shall submit the application form with completed necessary details and an attachment of a written oath stating that it does not fall under any disqualification requirements set forth in Article 49, paragraph 1.
In addition, the registration needs to be renewed every 5 years.
Responsibilities of the Private Lodging Agent
The private lodging agent needs to take the following measures mainly for performing appropriate private lodging administration business.
（１）Private Lodging Agent Clause
・The Private Lodging Agent needs to set forth Private Lodging Agent clauses on agreements related to Private Lodging Agent Business to be concluded with the lodger, and needs to notify them to the Commissioner of the Japan Tourism Agency before conducting such.
※In an event where the clauses set forth by the Private Lodging Agent are equivalent to those of the standard Private Lodging Agent Business, it will be deemed as having notified the Commissioner of the Japan Tourism Agency.
・The Private Lodging Agent needs to make a public notice of the Private Lodging Agent Business clauses by either posting them in its business office or office or by disclosing them via the Internet.
（２）Public Notice of Fees for the Private Lodging Agency Business
The Private Lodging Agent shall fix fees received from lodgers and Private Lodging Operators concerning the Private Lodging Agency Business pursuant to standards specified by an Ordinance of the Ministry of Land, Infrastructure, Transport and Tourism and publicly notify them at its business offices or other offices, or on the Internet before the start of business.
（３）Prohibition of Unjust Solicitation
The Private Lodging Agent shall not commit any of the following acts:
・Acts of intentionally failing to disclose the facts to lodgers or misrepresenting information on important matters concerning the said Private Lodging Agency Agreement that may have an impact on the judgment of the lodgers to solicit the conclusion of the agreement or hinder the cancellation.
（４）Prohibition of offering Conciliation for Illegal Acts
In order to seek protection for Lodgers, A Private Lodging Agent or any agent, employee or any other worker shall not commit any of the following acts:
 Giving conciliatory services for illegal acts or providing convenience to lodgers for performing such acts;
 Providing conciliatory services in violation of laws or regulations or providing convenience to lodgers for receiving the provision;
 Placing advertisements to the effect that the conciliatory services or convenience in the preceding items  and  is provided or similar advertisements are made; and
 Actions that force the lodger to receive a certain service provision or to purchase a certain item
 Actions not to confirm whether a lodging service provider had notified those stated in Article 3, paragraph 1 upon dealing with such provider
（５）Issuance of Documents before Concluding Private Lodging Agency Agreement
To conclude a Private Lodging Agency Agreement, the Private Lodging Agent shall issue documents and explain matters concerning the details and performance of the agreement to the lodgers by the conclusion of the agreement.
・ A trade name or title or name and notified number of the private lodging agent
・The notified housing where the lodger stays (Information which the lodger can understand the location of the notified housing accurately)
・Value and fees to be paid from the lodger to the Private Lodging Agent with their payment term and method
・Details on the lodging service to be received with the foregoing value
・Matters on liability, disclaimer and such
（６）Posting of Signs
The Private Lodging Agent shall post a sign in the format specified by an Ordinance of Ministry of Land, Infrastructure, Transport and Tourism in a place accessible to the public at each of its business offices or other offices.However, the obligation to present such will not apply in an event where its registered date, registered number and other information are announced via using electromagnetic method.
Measures to Be taken by the Time of the Private Lodging Business Act Being Enforced or before Applying for Register
◆Confirming the Legality
Those who are already operating a private lodging agent website need to confirm the legality on the materials that have been posted.
◆Treatment of Those Being Posted at or after March 15, 2018
・Regarding the materials on the Private Lodging Business that are notified at or after March 15, 2018, they can be posted on the agent website upon specifying that such materials will be legal at or after June 15, 2018, if a provisional notification number notified from the Private Lodging Operator is confirmed.
・A travel agency set forth in Article 6-4, paragraph 1 of the Travel Agency Act can settle lodging reservations on or after the enforcement of the private lodging business act of such materials or those related to such.
Response to Take in an Event where Materials Being Posted Are Confirmed to Be Illegal
In an event where the Travel Agency confirms an illegal material being posted on a Private Lodging Agency website and demands the Private Lodging Agent operating such website to delete such information from such website, such Private Lodging Agent needs to meet its demand and needs to take necessary measures, such as to delete information on such material from the Private Lodging Agency website operated by the company, promptly.
Reporting from the Private Lodging Agent to the Tourism Agency
The Private Lodging Agency needs to report to the Tourism Agency on the following items related to the notified materials posted on the Private Lodging Agency website by the 15th day of April and October each year, in order to confirm supplementary whether the Private Lodging Operator has lodged a person for over 180 days or to confirm whether an operation was conducted during the term prohibited by the ordinance, if limited by such.
・A trade name, title or name of the private lodging agent
・An address and the notified number of the notified housing
・The number of days having people lodged in the notified housing
【Submit-to-Addresses/Contact for Application Forms and Documents Related to Private Lodging Agency】
Department in Charge: Tourism Agency Tourism Industry Division
Location: 2-1-3 Kasumigaseki, Chiyoda-ku 100-8919 Tokyo