Relates to All
Properties
PLEASE READ
CAREFULLY
This contract constitutes an agreement between the
Guest and the property Owner, represented by RE/MAX
Kauai (Agent).
DEPOSIT, PAYMENT AND CANCELLATION POLICY: A Booking
Deposit equaling 25% of the total amount due is required
within 10 days of making the reservation. The final
payment, including taxes, is required no later than 60
days prior to Guest’s arrival date. Expenses
(including, but not limited to: extra clean fees, room
charges, telephone charge, cable television charges,
etc. ) incurred during your stay will be charged against
Guest’s credit card.
If cancellation is made at least 90 days prior to
scheduled arrival, all monies will be refunded, less
$50.00 service charge. If cancelled less than 90 days
prior to arrival, the entire Booking Deposit will be
forfeited. Cancellation made less than 60 days prior to
arrival will result in forfeiture of the entire rent
plus taxes unless the property can be re-rented for an
equal or greater amount. All cancellations must be made
in writing (email and Fax acceptable).
Any request for refunds due to medical emergencies or
death of a loved one must be submitted in writing, along
with the documentation from the individual’s physician
as to the nature of the medical emergency. Reservations
not paid in full by the due date shall be subject to
cancellation and forfeiture of the Booking Deposit. Each
property is individually owned. Booking Deposits and
Rental dues are not transferable from property to
property. If Guest’s check is dishonored by the bank,
Agent reserves the right to require payment to be made
by certified funds or money order, including a service
charge of $50.00.
TRUST ACCOUNT: The Booking Deposit, the Final
Payment, Security Deposit if applicable, and any other
fees and deposits, will be deposited into Agent’s
interest-bearing trust account at First Hawaiian Bank,
Princeivlle, HI 96722. Guest agrees that such deposits
may be deposited in an interest-bearing trust account
and that any interest thereon shall accrue for the
benefit of and shall be paid to the Agent as it accrues
and as often as is permitted by the terms of the
account.
CONDITION OF PREMISES: The property and its contents
are privately owned, with RE/MAX Kauai 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 property. Should any major equipment be out of
order, we guarantee to have deficiencies corrected
within our power as soon as possible during normal
business hours. There will be no refunds or adjustments.
Please report all maintenance problems to the office
during normal business hours. In the event of an after
hours maintenance emergency, please call Cyrila Pycha at
(808) 635-4495. Guest accepts the property as is and
agrees to keep it in good, clean condition.
Additionally, RE/MAX Kauai shall not be responsible
for any loss, expense, damages, claims or injury direct,
indirect, consequential or otherwise caused by reason of
military actions, acts of God, or by any agents,
employees, subcontractors, servants or services as
provided or substituted. RE/MAX Kauai at all times will
act in good faith and use its best efforts to substitute
with accommodations or services of a type comparable to
those contracted. RE/MAX Kauai in their sole and
unfettered discretion reserves the right to refuse or
discontinue service to any person(s) and/or to rescind
any contract for accommodations or guest services.
RE/MAX Kauai will not be liable under any circumstances,
including substitutions, to refund any unused portion of
booked accommodations or services. RE/MAX Kauai is not
responsible for valuables left in rental properties.
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 guests. Guest will not
remove or rearrange inside or outside furniture. This
could result in an additional charge.
PESTS: Hawaii is a tropical climate in which insects,
rodents and lizards unfortunately thrive. All properties
are on a quarterly maintenance program, but Guest may
encounter these pests during stay. Contact with a
"pest" inside or outside of Guest's rental is
not reason for termination of this agreement or a refund
of monies. If this does occur, please contact RE/MAX
Kauai to make a report as a trouble call may be
scheduled.
GAS GRILLS: Gas grills are not allowed at Condominium
projects. Charcoal BBQ's and Hibachis are prohibited in
all properties unless already provided. Any reported
illegal use of a gas or fire barbecue from the
association will result in a fine, which will be charged
against from your credit card account.
MANDATORY OCCUPANCY DISCLOSURES: It is mandatory to
disclose the exact number and names of guests (subject
to maximum) who will be occupying the premises during
the rental term. Guest must immediately notify Agent, by
phone and/or in writing, if the number of occupants
changes. Additional charges may apply. The premises
shall be used for residential vacation rental purposes
only. Special events such as parties, receptions, etc.,
shall not be allowed without the express written consent
of Agent. Shall guest refuse to adhere by this policy,
the entire Booking Deposit will be forfeited. In no
event shall the premises be sublet or this agreement
reassigned without the written consent of Agent.
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,
RE/MAX Kauai or it’s Owners, is to refund any pre-paid
rents that have been paid by the registered Guest.
LIMITED DAMAGE WAIVER: Included in Guest's rent and
in lieu of providing a Security Deposit, is a Limited
Damage Waiver. This is intended to protect Guest from
accidental damage to the leased premises or contents
during the stay. A description of the Limited Damage
Waiver can be found at
(http://www.remaxkauai.com/damage-waiver.htm) for
review and is incorporated herein by reference.
PLEASE READ IT CAREFULLY. In order to administer the
claims, Agent must be notified in writing prior to
checkout of any damage.
SECURITY DEPOSIT: In the case of Special Events (e.g.
Weddings, Graduations, etc.), Guest agrees to be
responsible for any damage to the Premises or its
contents, normal wear and tear excepted. The Security
Deposit shall be applied to actual damages caused by
Guest. After Your occupancy, the Premises will be
inspected to determine if such damage or theft
(including additional cleaning) has been suffered. In
such event, Agent shall deduct the cost of such damage
or theft (including additional cleaning) from the
Security Deposit, and Guest will be notified in writing
within forty-five (45) days of check-out. In addition,
Agent may deduct from the Security Deposit the amount of
any long distance or per call telephone charges and
cable television charges that may have occurred during
the dates of Guest's rental period. Agent shall apply,
account for, or refund Guest's security deposit within
forty-five (45) days following the end of the tenancy .
HOUSEKEEPING: The property has been cleaned and
prepared prior to Guest’s arrival. Fresh linens and
towels are placed in the property along with a starter
supply of soaps and paper products. Additional supplies
that may be needed are the responsibility of the Guest.
Maid service can be arranged for an additional fee.
Please notify our office at least one week in advance of
your arrival if you wish to make these arrangements.
Each property is equipped with a washer and dryer.
Excessive use of the linens and towels resulting in
extra loads of laundry that is left for the housekeeper
during the out clean is subject to additional charges.
The minimum Cleaning Fee stated on the Agreement is
subject to change without notice. Mid-stay cleaning(s)
may be required for extended rental periods at guest’s
expense. There will be a charge for any lost keys.
PHONES: The private phones in each unit are for
Guest's convenience. Local calls (Kauai) are toll free.
Please charge all long distance calls to a credit card
or third party.
OWNER’S CLOSET: One or more locked closets are
reserved for Owner and access by Guest is not included
in this License Agreement.
RULES, REGULATIONS AND LAWS: All properties are SMOKE
FREE. Any smoking is to be done outside of the property.
Sorry, pets are not allowed in the property. Our rental
properties are located in residential areas and guests
are asked to be considerate of neighbors' privacy and
right to quiet enjoyment of their homes by keeping noise
levels at acceptable levels. Guest will take all
reasonable steps to assure that property occupants
adhere to the Rules, Regulations and Laws that affect
the property, Homeowner’s Association, RE/MAX Kauai
and the State of Hawaii.
DOUBLE BOOKINGS: Double bookings are rare. In the
event that Guest's reservation for the Premises overlaps
or matches the reservation of another tenant, Agent
reserves the right to relocate Guest to a different
property within the Agent’s rental program or that of
another company. Commercially reasonable efforts will be
made to ensure that the replacement property is
reasonably comparable to the Premises. Agent shall have
the sole right to select such replacement property.
Guest will have the option to (1) accept the replacement
property and pay any additional monies that are owed, as
the case may be or (2) reject the replacement property
and receive a refund of all rents and fees paid for the
Premises. Guest hereby agrees that the choice between
these alternatives will be your sole remedy for any and
all damages, liability or inconvenience arising out of
the double booking.
NON-LIABILITY AND INDEMNIFICATION OF OWNER AND AGENT:
Guest 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 the
willful act or gross negligence of the Owner or Agent.
