Conditions of Rental
For the purposes of this document, the following definitions will apply:
"Owner " refers to the legal owner of the Premises; "Guest" refers to the person or persons occupying
the premises; "Premises" refers to the real property, its contents and related amenities rented to the
Guest; "Rental Term" refers to the term of the rental period.
PREMISES AND MANDATORY OCCUPANCY DISCLOSURES
Guest acknowledges that the Premises is privately owned. The Premises shall be used for residential vacation purposes only. NOT PETS ALLOWED. Special events, i.e, parties, receptions, etc, shall not be allowed without the express written permission of the owner. 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, or any portion thereof. If the number of occupants changes, guest must immediately notify the owner both by phone and in writing (e-mail is O.K) of said change. Additional charges my apply. In no event, however, shall the Premises be sublet. There shall be no additional overnight guests other than those listed on the
Damage/Security Deposit Contract.
Guests are required to immediately inform owner of any problems with the Premises, including
appliances and furnishings. Owner shall undertake reasonable efforts to remedy any reported
problems. However, no refunds will be given for inoperable appliances or furnishings.
(B) Flora and Fauna
Although our cottages are well-maintained Hawaii's Tropical Environment harbors a wide variety
of plant, animal and insect life. You may see more insects and lizards (geckos) during your stay
here than you are accustomed to. Be advise this is commonplace and shall not warrant relocation or
reimbursement of funds.
Kauai weather is unpredictable. Inclement natural conditions shall not serve to alter or cancel
Guest's financial obligations that were agreed upon with owner.
(D) High Speed Internet Access
We do provide high speed internet access at the cottages. Interruptions to this service can occur.
Neither interruption/reduction of high speed internet access nor incompatibility with Guest's
electronic devices will be reason for refund.
Guests will be responsible for all costs due to the loss of key(s) or lock-outs.
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 remodeling of the cottage, mechanical failure or servicing or breakage/overuse by prior guest. If guest needs to be relocated to another property because the Property is
Unusable (example: flood inside), the limit of liability by Owner is to refund any pre-paid rents that have been paid by the registered Guest.
RELATIONSHIP OF PARTIES
Guest acknowledges that owner has the final authority concerning all matters related to Guest's rental and use of the Premises.
Guest agrees that the Owner/Agent my enter the Premises for maintenance or for other purposes deemed necessary by Owner/Agent. Twenty-four (24) hours notice will be given if possible. No advance notice is necessary for emergencies.
OWNER AND AGENT ARE NOT RESPONSIBLE FOR LOST, STOLEN OR MISPLACED ITEMS LEFT ON OR ABOUT THE PREMISES. Guest hereby indemnifies, holds harmless and agrees to defend owner from and against all claims, damages, expenses (including, without limitation, attorney's fees and legal recovery costs), liabilities and judgments on account of injury to persons, loss of like, or damages to the premises arising from or related to Guest's stay. The Guest's obligations with respect to indemnification shall remain effective, notwithstanding the expiration of termination of the Agreement, as to claims arising prior o the expiration or termination of rental period.
Any dispute or legal claims arising in regard to the agreed rental must be litigated in the state of Hawaii, Country of Kauai.
TERMS AND CONDITIONS
Owner is NOT responsible for cancellations due to weather, road closures, natural disaster, acts of God, civil unrest, terrorism, war or threat of war, or any other reason beyond Owners control. Owner is not responsible for dissatisfaction with the accommodations and/or facilities. Guest(s) accept full responsibility for acts of their children, family friends, visitors, or invitees at the expense of the Guest, including injuries or death from the home or property. In lieu of prepaid deposit(s) Guest authorizes Owner to repair damages or losses caused by Guest(s), including Guest(s) family, friends, visitors or invitees at the expense of the Guest(s). Owner is hereby authorized to charge Guest(s) credit card for any damages beyond normal wear and tear and/or for excessive cleaning required. Owner is not responsible for any loss or damage Guest(s) may incur. Owner is not responsible for injuries or fatalities due to use or occupancy of vacation rental buildings, grounds equipment, jetted tub, shower, etc. Guest(s) reads, approves, accepts and signs the Conditions of Rental.
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 owner during normal business hours.
Cancellations made outside of 60 days prior to arrival, will forfeit $300 cancellation fee. Reservations cancelled less than 60 days prior to check-in, will forfeit the total package fee paid unless re-rented by owner in which case only $300 will be forfeited. If a replacement renter is found but will not pay the regular rental rate, it will be up to the original guest to accept or not accept the replacement renter. If the new renter pays less, then the refund will not exceed the amount paid by the replacement guest less the $300 amount forfeited as outlined above.