Kauai Pacific Real Estate - Vacation Rental Terms and Conditions
This contract constitutes an agreement between the Guest and the property Owner, represented by Kauai Pacific Real Estate, LLC (KPRE) - Vacation Rental Division in accordance with the laws of the State of Hawaii.
CONDITION OF PREMISES: The unit and contents are privately owned with Kauai Pacific Realty acting solely as the Owner's Agent. It is rented with Owner's furnishings and neither Owner nor Agent will be responsible for providing any additional furnishings or equipment. No items belonging to Owner shall be removed from the premises. Should any major equipment be out of order, we guarantee to have the deficiency corrected as soon as possible during normal business hours. Guest authorizes Agent to repair damages or losses caused by Guest or Invitees of Guest, at the expense of Guest. Guest accepts responsibility for the acts of their children, visitors, or invitees. Guest will not remove or rearrange inside furniture. BBQs are allowed only in designated areas, not on lanais or lawn. Condo Association rules must be followed, this includes the use of the pool and other facilities, which are for guest only. We cannot list all rules in this agreement, so if there are any questions, please check with the condo complex office or with KPRE.
MAXIMUM OCCUPANCY: Each property has a specific maximum occupancy. Take note of the maximum number of guests allowed in the condo or home before making your reservation. If the maximum occupancy is exceeded without property management approval, you will be evicted and charged a minimum of $250. Our properties are located in residential areas and are rented for personal vacation use only. Parties and other large gatherings, commercial uses, and illegal activities are not allowed. Violators risk forfeiture of their deposit, reservation amounts paid, and eviction.
NON-LIABILITY & INDEMNIFICATION OF OWNER & AGENT: Guests agrees to hold harmless and indemnify the Owner and Agent from any and all costs, expenses, legal proceedings, legal fees, suits, claims, or demands whether from loss of life or injury to Guest and/or invitees of Guest, unless same was due solely to willful act or gross negligence of the Owner or Agent. Guest will not sublet or assign this Agreement without the written consent of the Agent.
Guest further agrees that all properties have a mandatory “quiet time” from 9:00 p.m. to 7:00 a.m. Many locations and facilities fine property owners for noise complaints between these hours. Should complaints for noise be received during tenancy, guest agrees to be liable for all such charges.
HOUSEKEEPING: The property has been cleaned and prepared prior to arrival. Fresh linens and towels are placed in the property along with a starter supply of soaps and paper products. All provided linens and towels are intended to be sufficient for the length of each Guests’ stay; clothes washing machines should either be available inside the rental property or at the property complex. Additional supplies that may be needed are the responsibility of the Guest. Please see list of start-up supplies in your final instructions for more information. For extended stays, additional cleaning may be required every two weeks.
SUBJECT TO CHANGE: Advertised amenities are subject to change without notice or compensation. Changes can occur after a reservation is made as a result of sale of unit, remodeling, mechanical failure or servicing. Should a property be made unavailable for any reason beyond the control of Agent, Agent may substitute another like or better property. If no other property is available the limit of liability by property Owner and KPRE is to refund any pre-paid rents that have been paid by the registered Guest.
TELEPHONES: Most rental properties no longer have a dedicated telephone line. If the rental does have a phone, local calls are free. Hanalei Bay Resort rooms which are equipped with telephones will have local and long distance calls included in the resort fee.
SMOKING AND PETS: All properties are smoke free. Pets are not allowed on the property.
ENTRY INSTRUCTIONS: Most of our properties have a lock box near the front door and you will go directly to the rental. There is a single key in the lockbox to use to enter the property. Please return it to the lock box to insure you do not get locked out. There are additional keys for your use inside the property. Please leave those on the kitchen counter upon checkout.
HANALEI BAY RESORT: If you are staying at the Hanalei Bay Resort, please check in and pick up keys and parking passes at the front desk. Please return keys and passes to front desk upon check out. The resort will be collecting an $20 per day resort fee which includes parking, wireless internet, local and domestic long distance phone calls, use of the tennis courts (reservation required) and pools.
DAMAGE PROTECTION WAIVER: As our guest, you are responsible for any damage to the property incurred by you during your stay. Your room is cleaned and inspected for previous damage prior to your arrival. If after your arrival you should find a cleaning or damage issue please let us know immediately and we will send a company representative out as soon as possible to verify the issue. Failure to notify Kauai Pacific Real Estate (KPRE) of any pre-existing cleaning or damage issues upon arrival will mean that any damages or cleaning issues discovered later will be considered your responsibility.
To reduce your exposure from any accidental damage that may happen, we offer a Damage Protection Waiver (DPW), which covers up to $3,000.00 for total damages to the property, furniture, fixtures, linens and dishware. The cost of this waiver is a one-time fee of $49.99, which protects you from check-in to check-out. As an alternative to the Damage Protection Waiver, you can opt to pay a $1,000.00 Security Deposit, which would be refunded to you two weeks after your departure, after verification that no damage was incurred. In either event, by signing the rental agreement you are also agreeing to allow KPRE to charge your credit card on file for any damages in excess of the DPW or the $1,000 Security Deposit.
This Damage Protection Waiver is not insurance; by agreeing to utilize the DPW, KPRE is simply waiving our right to charge you for unintended damages up to the $3,000.00 limit. This waiver does not cover a) damages in excess of $3,000.00 in the aggregate, b) any intentional acts of damage or damages resulting from non-compliance with the Terms and Conditions or from illegal activities, c) damage to any property belonging to any guest or visitor and d) the costs of any guest’s or visitor’s medical expenses or personal injuries.
The cost of the Damage Protection Waiver will be added to your total charges unless you notify us, in writing, of your preference to pay the $1,000.00 Security Deposit.
DOWN PAYMENT: A down payment of 20% or $200 (whichever is greater) is required to confirm your reservation. We accept VISA, Master Card, AMEX and Discover.
FINAL PAYMENT: Full payment is due no later than 60 (sixty) days prior to arrival. The reservation is then non-refundable.
CHANGE POLICY: Changes made to a reservation 90 or more days prior to arrival which results in a reduction of the number of originally scheduled days, number of units booked, or a change of location will result in a $75 fee.
CANCELATION POLICY: Reservation payment is due in full and non-refundable 60 days prior to arrival date. If reservation is canceled between 60 and 90 days prior to arrival, the down payment will be retained. If the reservation is canceled 90 or more days prior to arrival, the down payment will be returned, minus a $75 cancelation fee.
OTHER CHARGES: All reservations are subject to Hawaii TAT 10.25% and GET tax of 4.167% of the rental rate. A cleaning fee that varies by unit and a $50 reservation fee is also charged, unless other arrangements are made by the property owner. These fees are subject to change by outside agencies, including the State of Hawaii. Such charges shall be the responsibility of the guest. Agent will not be responsible for items left in the condo. Please be sure to keep valuable items with you at all times. Safes are not available.
CHECK IN TIME: 3 P.M. - CHECK OUT TIME: 10 A.M.
LATE CHECKOUTS CANNOT BE GUARANTEED UNLESS ARRANGED AND PAID FOR IN ADVANCE.