Terms and Conditions
Below, please find the terms and conditions of this VACATION RENTAL AGREEMENT. We hope you enjoy your stay.
By signing this Agreement, the Guest(s) who is a party to this Agreement (collectively,Guest) and the Owner (Owner) of the real property of this Agreement (the Rental Property), through Destination Kauai LLC, (Owner’s Agent) agree to the rental of the Rental Property upon the terms and conditions set forth in this Agreement for use as a private vacation residence.
SECTION 1 Check-in and Check-out
1.1 The Rental Property will be ready for Guest’s occupancy on the Check-In Date and Time set forth in this Agreement.
1.2 Check-In and Check-Out Dates are final and cannot be changed unless special arrangements have been made with Owner and upon prior notification to Owner’s Agent of such special arrangements.
1.3 It is the Guest’s obligation to timely contact (i.e., not later than 15 days prior to Guest’s check-in date) the Owner’s Agent by telephone or electronic mail to communicate and confirm Guest’s plans and to receive last minute information about check-in requirements/procedures.
1.4 Guest shall vacate the Rental Property BY NOT LATER THAN the Check-Out Date and Time set forth in this Agreement and comply with the Check-Out Procedures set forth in Exhibit A attached hereto.
SECTION 2 PAYMENT SCHEDULE AND METHOD OF PAYMENT
2.1 Reservation Deposit: To reserve the dates for the Guest’s occupancy set forth on this Agreement, the Reservation Deposit set forth on this Agreement must be received by the Owner’s Agent, along with a copy of this Agreement signed by all of the Guest(s) named on this Agreement – see Section 4.1.
2.2 Security Deposit: The Security Deposit set forth on this Agreement is due with the full payment of rent, taxes and fees as set forth on this Agreement and will normally be retained for fourteen (14) days following Guest’s check out. The Security Deposit will not be applied to daily rental amounts. In the event Owner incurs any expenses as a result of damage to the Rental Property during Guest’s occupancy, or for any extraordinary cleaning services beyond the cleaning services paid for by the standard cleaning fee set forth on this Agreement, the Guest will be notified that the Security Deposit is being held beyond the fourteen (14) day period and will be used to pay for the foregoing expenses. Any amount not used for the expenses will be returned to the Guest without interest upon completion of the repairs/cleaning. In addition, any charges incurred by the Guest and charged to or paid by the Owner and not paid by the Guest’s departure will be deducted from the Security Deposit.
2.3 Balance Due Date: The full balance of rent, taxes, cleaning fee and Security Deposit are due not less than sixty (60) days prior to Guest’s Check-In – see Balance Due Date on page 1 of this Agreement and Section 3.1.B below
2.4 Payments: Payments shall be paid by credit card or check payable to Owner’s Agent’s Trust Account.
2.5 Taxes: Hawaii General Excise Tax (GET) of 4.172% and Transient Accommodations Tax (TAT) of 10.25% are added to all rental payments and other charges received by Owner.
SECTION 3 CANCELLATION POLICY
3.1 Owner’s Right to Cancel:
Owner has the right to cancel this Agreement:
A. Until the Owner’s Agent has received the (i) Reservation Deposit and (ii) a copy of this Agreement signed by the Guest; and
B. If the Owner’s Agent has not received the full balance of rent, taxes, fees and Security Deposit by the Balance Due Date set forth in Section 2.3 above and on this Agreement.
3.2 Cancellation by Guest:
A. Upon the receipt by Owner’s Agent of Guest’s notice of cancellation at least sixty (60) days prior to the Check-In Date, which will be confirmed by Owner’s Agent either by electronic mail or facsimile, all payments received by Owner's Agent shall be returned to Guest, less a one hundred dollar ($100.00) cancellation fee.
B. Upon the receipt by Owner’s Agent of Guest’s notice of cancellation of fifty-nine (59) days or less prior to the Check-In Date, which will be confirmed by Owner’s Agent either by electronic mail or facsimile, only the rent sent forth for nights which the Owners Agent is able to rebook the Rental Property is refundable, less a one hundred dollar ($100.00) cancellation fee. The rent for nights were the Owner`s Agent is not able to rebook to other guests is non-refundable. Guest’s Security Deposit shall be returned.
SECTION 4 EFFECTIVE DATE
This Agreement is effective as of the date both Owner, by Owner’s Agent, and Guest, have signed this Agreement (the Effective Date).
SECTION 5 RENTAL PROPERTY
In consideration of the rent received and the mutual promises contained herein, Owner, by Owner’s Agent, as of the Effective Date, hereby leases and rents the Rental Property to the Guest on the dates set forth on this Agreement, subject to the terms and conditions of this Agreement. Guest agrees and understands that the term Rental Property, as used herein, includes the interior and exterior of the home, its lanais, landscaping and designated parking area/garage. Locked areas for which Guest is not provided a key, such as Owner’s personal storage areas, are not included within the Rental Property covered by this Agreement.
SECTION 6 RESTRICTIONS/CONDITIONS OF USE AND OCCUPANCY
6.1 Guest shall use the Rental Property for private residential purposes only. Guest shall not use the Rental Property for any commercial, improper, offensive or illegal activity. In no event shall individuals other than Guest and the occupants named on this Agreement occupy the Rental Property. Occupants other than those named on this Agreement are not permitted. If there are additional occupants, then Guest shall incur additional charges and/or the occupancy of Guest and all other occupants shall immediately be terminated, at the option of Owner’s Agent.
6.2 Use of the Rental Property other than for strictly family vacation purposes, including, but not limited to, parties, weddings, receptions or other events or activities involving non-occupant guests, is strictly prohibited. Guest shall not use or allow the use of the Rental Property in any way that interferes with other residents' use and enjoyment of their real properties that are adjacent to or neighbor the Rental Property.
6.3 Guest shall comply with all House Rules of the Rental Property provided to Guest. If Owner has any additional rules relating to the use and occupancy of the Rental Property, a copy of these rules will be provided prior to occupancy. All of the rules described in this Section 6.3 are a part of this Agreement and are incorporated herein by this reference.
6.4 The Rental Property and its surrounding lanais and land are non-smoking areas and smoking in such areas is prohibited. Pets are not allowed in or around the Rental Property or its surrounding lanais and land.
6.5 Guest acknowledges and agrees that during periods of rain, the foyer, lanai(s) and entry areas of the Rental Property can be slippery when wet. Guest further acknowledges and agrees that the tropical climate in the State of Hawaii may increase the activity of certain types of insects, field mice or geckos and no refunds shall be given for the presence of any insects, mice or geckos. Owner maintains the Rental Property with regular pestcontrol service, and requires that Guest maintain the standard of clean interior during Guest’s stay as delivered to Guest when Guest commenced occupancy by refraining from leaving food items out when the Rental Property is not occupied and by disposing of food remnants and garbage not already in garbage dispensers.
6.6 Guest acknowledges and agrees that occupancy and use of property fronting the ocean presents inherent and significant risks and dangers to the Guest and other occupants that may lead to serious bodily injury, permanent disability, paralysis or death. These risks include, without limitation, injury or damage caused by high winds, high surf, flooding and other natural phenomena; uneven and unimproved grounds; high, steep and unprotected shoreline areas; and natural and artificial conditions on the land. Guest understands and acknowledges the scope, nature and extent of the risks involved in the occupancy and use of property fronting the ocean and Guest, on Guest’s own behalf, and on behalf of all occupants of the Rental Property pursuant this Agreement, expressly and voluntarily agrees to assume all risk of serious bodily injury, permanent disability, paralysis, death, property damage and all other losses, costs and damages that the Guest, and the other occupants of the Rental Property pursuant to this Agreement, may sustain while on or in the Rental Property. The Guest further understands and acknowledges that there may be other potential risks either not known to Owner and/or Owner's Agent or not readily foreseeable at this time, and Guest's assumption of risks as described above shall also include and cover all such risks.
SECTION 7 INCLUDED SERVICES
SECTION 8 KEYS/OPENERS
At check-in, Guest will receive the keys/openers described in Exhibit A. Guest will return the items listed in Exhibit A at Check-out. In the event any of the listed items are not returned, Guest will be subject to a charge as set forth in Exhibit A which will be deducted from Guest’s Security Deposit.
SECTION 9 GUEST RESPONSIBILITIES
9.1 House Rules: Guest hereby certifies that Guest has read the House Rules for the Rental Property and any other rules relating to the use and occupancy of the Rental Property received from Owner’s Agent upon Check-in. Guest agrees to abide by all of the rules contained therein related to the rental and occupancy of the Rental Property.
9.2 Guest’s Obligations: Guest’s obligations include, but are not limited to, (i) keeping the Rental Property as clean and safe as the condition of the Property permits; (ii) causing no unsafe or unsanitary conditions in the Rental Property; and (iii) notifying Owner’s Agent of the need, during Guest's occupancy, of any replacement of or needed repairs to any smoke detector, electrical equipment or appliances, safety and security devices and lighting fixtures.
9.3 Permission to Enter: Guest acknowledges and grants specific permission to Owner’s Agent to enter the Rental Property at any reasonable time for inspection, maintenance and security purposes of the Rental Property or in the event Owner’s Agent reasonably believes that the Rental Property or any occupant of the Rental Property is in immediate danger of damage or injury.
9.4 Telephone/Utility Services: No long distance calls shall be charged to the phone number of the telephone located within the Rental Property unless advertised as included with the daily rent. All such charges plus a twenty-fivedollar ($25.00) service fee will be charged to Guest and deducted from Guest’s Security Deposit. Owner is not responsible for any interruption or loss of telephone or other utility (e.g., electrical, television, cable, water, etc.) services during Guest's occupancy and no refund will be made on account of such interruption or loss.
9.5 Return of Lost Items: A twenty-five dollar ($25.00) service fee, plus shipping costs, which will be deducted from Guest’s Security Deposit, applies to any Lost and Found items that Owner’s Agent returns to Guest. Items found and not claimed within thirty (30) days of Guest’s check-out will be disposed of at the discretion of Owner’s Agent.
9.6 Property Damage:
A. Guest assumes full responsibility for the Rental Property, its contents listed in the attached Inventory Addendum and for the personal property of Guest and all other occupants of the Rental Property during Guest’s occupancy of the Rental Property from check-in to check-out. Guest agrees and acknowledges that Owner provides no insurance for any loss of or damage to the personal property of Guest or the other occupants using or on the Rental Property. Therefore, Guest agrees: (i) to lock the doors and windows of the Rental Property when the Rental Property is not occupied; (ii) to not leave valuables unattended in or on the Rental Property; and (iii) to make appropriate arrangements for the safekeeping of valuables during Guest's occupancy of the Rental Property.
B. Upon Guest’s departure from the Rental Property, Guest shall redeliver the Rental Property, amenities, furniture, appliances and other appurtenances of the Rental Property, in as good a condition as delivered to Guest on the Check-In Date set forth on this Agreement. Reasonable wear and tear from use and obsolescence to the Rental Property shall be excepted provided Guest complies with the clean-up procedures set forth in Exhibit A. Charges for clean-up required by unreasonable wear and tear shall be deducted from Guest’s Security Deposit. Locked areas within the Rental Property for which Guest is not provided a key, are not included as part of the Rental Property covered by this Rental Agreement and are off-limits to the Guest; Guest will be charged for any damage to and/or items missing from the locked areas.
9.7 Breach of This Agreement: Guest’s breach of any duty, obligation or responsibility contained in this Agreement may be considered material and may result in the immediate termination of Guest’s and the other occupants' occupancy and use of the Rental Property.
SECTION 10 EMERGENCY CONTACTS
In the event of any emergency, Guest should contact Owner’s Agent concerning repairs or problems (stopped up toilets, sinks, etc.) . Guest agrees and acknowledges that housekeeping, maintenance, property managers and facilities employees may enter the Rental Property from time to time for necessary cleaning, maintenance, repairs, plant care and other reasonable purposes.
SECTION 11 UNAVAILABILITY OF RENTAL PROPERTY
In the event Owner is unable to make the Rental Property available for any reason other than as described in this Agreement, Guest agrees that Owner’s and Owner’s Agent’s sole liability as a result of such unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner or Owner’s Agent be liable for any special or consequential damages which result from such unavailability.
SECTION 12 NEIGHBORHOOD CONSTRUCTION
Owner and Owner’s Agent are not responsible for any construction noise or any related inconvenience that may occur during Guest’s occupancy of the Rental Property and no refunds will be given on account of such activities.
SECTION 13 ASSIGNMENT, SUB-LET AND LICENSE
Guest shall not assign this Agreement, sub-let or grant any license to use the Rental Property or any part thereof without the prior written consent of Owner and/or Owner’s Agent. Any assignment, sub-letting or license without the prior written consent of Owner may, at Owner's option, result in the immediate termination of this Agreement.
SECTION 14 NON-LIABILITY OF OWNER/AGENT; INDEMNIFICATION
14.1 Owner and Owner’s Agent will not be liable to the Guest or any other occupants of the Rental Property for any damage or loss occasioned by any service provided by the Owner and/or Owner’s Agent under this Agreement, or by electricity, plumbing, gas, water, air conditioning, sprinkler or other pipes and sewage systems, or the loss, interruption or stoppage thereof, or by the bursting, leaking, overflowing or running over of any tank, washstand, closet, waste or other pipes in or on the Rental Property, nor for any damage occasioned by water coming into the Rental Property from any source whatsoever, or for any damage or injury arising from any acts or neglect of the other occupants of, or any other persons on, the Rental Property or on any adjacent property, or of the public, unless such damage or loss results from an intentional act or gross negligence of the Owner and/or Owner’s Agent. All property of the Guest and of the other occupants of, or any other persons on, the Rental Property shall be kept or stored at the sole risk of the Guest only, and the Guest shall hold the Owner and Owner’s Agent harmless from any claims arising out of loss of or damage to the same. In no event shall the Owner and/or Owner’s Agent be liable to the Guest or the other occupants of the Rental Property for any loss, damage or injury, or any claims or demands therefor, on account of any loss, damage or injury to any person or property, including any injury or loss to the Guest, whether caused by the negligence of the Owner or otherwise arising out of the use or occupancy of the Rental Property described in this Rental Agreement, unless such loss, damage or injury shall result from an intentional act or gross negligence of the Owner and/or Owner’s Agent. Guest shall indemnify and save the Owner harmless against and from any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from the use and occupancy of the Rental Property by the Guest or others with the consent of the Guest unless such claim results from an intentional act or gross negligence of the Owner and/or Owner’s Agent.
14.2 Guest hereby agrees to shall indemnify and save Owner and Owner’s Agent harmless against and from any and all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees, the amounts of any judgments and amounts paid in compromise settlements, and other related expenses, which may be incurred by or imposed on Owner and/or Owner’s Agent in connection with any claim made, instituted or threatened against Owner and/or Owner’s Agent by reason of, or in connection with, Guest’s use and occupancy of the Rental Property, or injury or damage to, of death of, any person or property or the Rental Property during Guest’s occupation of the same except such liabilities, claims, damages, costs and expenses for which Owner and/or Owner’s Agent are liable by reason of Owner’s and/or Owner’s Agent’s gross negligence or intentional conduct.
SECTION 15 TERMINATION OF AGREEMENT
Owner’s Agent may terminate this Agreement upon the breach of any of the terms and conditions of this Agreement by Guest or any occupant in the Rental Property with the consent of Guest. In the event of such termination, Guest shall not be entitled to the return of any monies paid to Owner or Owner’s Agent other than the Security Deposit as provided in Section 2.2 above. Upon such termination, Guest and all occupants in the Rental Property with the consent of Guest shall immediately vacate the Rental Property.
SECTION 16 NO WAIVER
The failure by Owner’s Agent or Owner to insist upon the strict performance by Guest of any of the terms and conditions of this Agreement shall not be deemed to be a waiver of any of the other terms and conditions of this Agreement and Owner’s Agent or Owner, notwithstanding any such failure, shall have the right thereafter to insist upon strict performance by Guest of any and all of the terms and conditions of this Agreement.
SECTION 17 PARAGRAPH HEADINGS
The headings of Sections herein are inserted only for convenience and shall in no way define, describe or limit the scope or intent of any provisions of this Agreement.
SECTION 18 SURVIVAL CLAUSE
The rights and obligations under this Agreement which by their nature should survive, including, but not limited to, any and all payment obligations, indemnities, agreements and representations, shall remain in effect after termination or expiration of this Agreement.
SECTION 19 SEVERABILITY
The provisions of this Agreement shall be deemed independent and severable, and the invalidity or unenforceability of any one provision shall not affect the validity or enforceability of any other provision.
SECTION 20 FORCE MAJEURE
Performance of this Agreement is contingent upon the ability of each party to perform. If either party is unable to perform due to an act of God, labor disputes, acts of terrorism, government requisitions or other cause beyond a party’s control, such party shall be excused from any further performance under this Agreement.
SECTION 21 ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties hereto with respect to the transaction contemplated hereby and supersedes all previous negotiations, commitments, writings and understandings. This Agreement may not be amended, modified, extended or supplemented except by written instrument executed by Owner’s Agent and Guest. Neither Owner nor Owner’s Agent has made any representation or warranty to Guest except as herein expressly set forth.
SECTION 22 GOVERNING LAW; ARBITRATION
This Agreement, and the parties’ respective rights and obligations in connection herewith, will be governed and construed under the laws of the State of Hawaii, without application of its conflict of laws principles. Any controversy or claim arising out of or relating to this Agreement, its enforcement or interpretation, shall be resolved by binding arbitration in the State of Hawaii administered by Dispute Prevention and Resolution Inc., a Hawaiicorporation (“DPR”), under the then Arbitration Rules, Procedures and Protocols of DPR.
SECTION 23 COUNTERPARTS; FACSIMILE/ELECTRONIC SIGNATURES
The parties agree that this Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument, and in making proof hereof it shall not be necessary to produce or account for more than one such counterpart. The parties agree that executed facsimile/electronic copies of this Agreement, any addenda and/or related documents shall be fully binding and effective for all purposes. Facsimile/electronic signatures on documents shall be treated the same as original signatures.
Effective as of the date set forth in Section 4 of this Agreement, the undersigned Guest ereby accepts, approves and agrees to all of the terms, covenants and conditions of this Agreement and acknowledges that any violation of the terms, covenants and conditions of this Agreement will permit Owner’s Agent to terminate this Agreement subject to Guest’s forfeiture of any amounts received by Owner’s Agent as provided in Section 15 above.
Destination Kauai LLC, Lic#21860
A Hawaii limited liability company
By: Jeremy Smith
Its: Principal Broker