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Please review the following terms and conditions relating to this reservation.


Terms & Conditions

Terms & Conditions

 

Please review the terms and conditions relating to this reservation.

 

Company Name :   Kauai Calls! Set Your Heart Free LLC

 

Company Address:  160 Ohana Street, Kapaa, HI 96746

 

Company hereby rents to Tenant, and Tenant hereby rents from Company, the vacation property (referred to hereafter as the “Premises”) on the terms contained in this agreement.

 

Payment: Tenant authorizes Company to charge designated bank account if this is the form of payment.   25% of the total amount is due within (three) 3 days of the booking date. Full/balance payment is due no later than (sixty) 60* days prior to check-in date for a non-holiday reservation.  If booking/payment is within (sixty) 60* days of check-in date for a non-holiday reservation, the funds need to be paid in full via credit card or "cash" form such as a bank account, echeck, cashier's check, traveler's check, or money order. If full payment is not received by the due date, Company has the right to cancel the reservation. *90 (ninety) days for all major / national holiday reservation.  If there are more than 6 guests, we will add $20 per night for the 7th guest and $20 per night for the 8th guest in 2018; for 2019 we will add $25 per night for 7th and $25 per night for the 8th guest.

Accidental Rental Property Protection Program $49: This Accidental Rental Property Protection Program is a mandatory fee for accidental damage, per the term of the waiver, http://kauaicalls.rentalguardian.com/available-products.html. The Accidental Rental Property Protection Program coverage is up to a maximum benefit of $1500.00 USD, per the terms and conditions.   Please contact Kauai Calls! Set Your Heart Free LLC directly if you do not wish to participate in this plan or assignment.  Any accidental damages that exceed $1500.00 USD will be charged to the credit card on file. 

Cancellation/Refunds: All cancellations are subject to a $100 processing fee. All cancellations must be made in writing (fax or email acceptable).  Cancellations that occur within less than (sixty) 60** days of the check-in date for a non-holiday reservation will not receive a refund.  Tenant will not be entitled to a refund of rent or taxes or cleaning pertaining to this agreement.  Accidental Rental Property Protection Program fee shall be returned to Tenant.  **90 (ninety) days for all major / national holiday reservation. 

Trip Cancellation and Travel Insurance:  Trip Cancellation and Travel Insurance has been made available with your reservation and protects your trip investment, for coverage details click the link http://kauaicalls.rentalguardian.com/available-products.html.  If you have chosen to not opt-in and declined, you acknowledge you have read and understand our cancellation policy and choose not to purchase Trip Cancellation and Travel Insurance on behalf of all occupants.  We strongly recommend you purchase this valuable protection.  Please click the link to learn more, http://kauaicalls.rentalguardian.com/available-products.html

 

Check-In time:  from 3:00 PM

Checkout time:  by 10 AM

 

Otherwise, a late fee may apply

 

RENTAL TERMS:

Company unilaterally and at its sole discretion reserves the right to change or cancel the reservation for any reason with refunds made accordingly. In the event this property becomes unavailable for rent, Company agrees to use best efforts to secure an equivalent rental property. If this is not possible, Company reserves the right to cancel this reservation and return all monies to Tenant.

Company’s Responsibility:

Company agrees to provide the Premises in a fit and habitable condition. If at the time Tenant is to begin occupancy of the Premises, Company cannot provide the Premises in a fit and habitable condition, Company shall refund to Tenant all payments made by Tenant.  Company cannot guarantee that appliances will always work but does guarantee that repairs will be made as soon as possible. No refunds will be made for mechanical failures. Please promptly notify Company of any problems.

 

Tenant’s Responsibility:  Tenant agrees to respect and maintain the Premises by, but not limited to, the following: abiding by the House Rules, notifying Company of any defects or problems as promptly as possible, obeying the house rules posted inside the Premises, not smoking inside the Premises, not moving furniture within or from the unit, not having parties/functions within the Premises, not having any animals/pets in Premises or on the property, and the number of occupants must not exceed those named in this agreement. The Premises may not be used for film making, photo shoots, unlawful, improper, or offensive purpose. Tenant’s breach of any duty contained in this paragraph shall be considered material and shall result in the termination of Tenant’s tenancy. Tenant will notify Company if Tenant will be absent from the Premises for more than two (2) days.

Indemnification and Hold Harmless; Right of Entry, Assignment:

Tenant agrees to indemnify and hold harmless Company and its Agents, Successors, Assigns, Attorneys, Heirs, Employees, Officers, and Insurers from and against any liability for personal injury or property damage sustained by any person (including Tenant’s guests) as a result of any cause, unless caused by the grossly negligent or willful act of Company, or the failure of the Company to comply with the Vacation Rental Agreement

 

Tenant agrees to allow Company and/or assignees the right to enter due to the following: to make necessary or agreed upon repairs, supply services agreed upon, if the unit is for sale, Company will give Tenant 48 hours advance notice to show the unit at reasonable hours, in case of an emergency, Company reserves the right to enter at any time for the purpose of safe keeping or prevention of further damage.

This Agreement contains the entire agreement between the parties hereto, and all previous negations leading hereto, and it may be modified only by an agreement, in writing, signed by Company and Tenant. The covenants and conditions herein contained shall apply to and bind the heirs, successors, executors, administrators and legal assigns of the parties to this Agreement. The laws of the State of Hawaii shall govern this lease, and any action relating to this Agreement shall be instituted and prosecuted in the courts of the County of Kauai, Hawaii. Tenant will pay reasonable attorney’s fees and all costs in the event that Tenant fails to comply with its obligations under this Agreement and Company refers the matter to an attorney. 

Expedited Eviction:

If the tenancy created hereunder is for thirty (30) days or less, the expedited eviction procedures set forth in the Vacation Rental Agreement will apply. Tenant may be evicted under such procedures if Tenant: a) holds over in possession after Tenant’s tenancy has expired; b) commits a material breach of any provision of this Agreement or addenda that according to its terms would result in the termination of Tenant’s tenancy; c) fails to pay rent as required by this agreement; or d) has obtained possession of the Premises by fraud or misrepresentation.

 

Environmental Disclosure:

Every person reacts differently to various pesticides, chemicals, and molds. Neighbors of the subject property may also use pesticides and chemicals that may affect a person that is sensitive to pesticides and other chemicals. Due to the tropical nature of Hawaii, there is regular use of pesticides to combat pests in and around properties. Although the unit is cleaned and aired out on a regular basis, it may be subject to mold. If Tenant or their guests are sensitive to pesticides, chemicals or molds, Tenant is urged to investigate this issue prior to arrival to Hawaii. Owners and Company are not experts in pesticides, chemicals or molds and not qualified to make recommendations or determinations concerning possible health or safety issues.

 

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 Kauai Calls! To make a report as a trouble call may be scheduled.


Miscellaneous:
Housekeeping:

Housekeeping services may be available by request only and will incur additional fees.

 

Changes: The Company must be notified of any changes as soon as possible for which there may be a service charge for each accepted change to the reservations. Tenant must leave the Premises on the date and time designated, unless prearranged, and any additional rent must be paid in advance

Abandoned possessions: Company is not responsible for Tenant’s personal effects left in the unit. Company will be glad, if found, to mail them to Tenant, and Company has the right to deduct postage from Tenant’s Security Deposit. If Company cooperates with another agency in securing the rental, Company will not be held responsible for the agency’s course of actions. Premises may not be sublet or assigned without prior consent of Company.

Tidal Wave/Tsunami/Hurricane Threats

Tenant hereby acknowledges that the State of Hawaii is exposed to Tidal Wave/Tsunami/Hurricane threat. Please refer to the local phone book regarding inundation area and evacuation instructions should a threat occur. Company recommends Travelers Insurance for any unforeseen circumstances. Company is not responsible for any noise pollution including construction outside the perimeter of the property. Weather in the State of Hawaii is unpredictable. Company, if applicable, acts solely as agent for Owner, the Owner has final authority concerning all matters.

YOUR ACCEPTANCE OF THIS AGREEMENT OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT, HOUSE RULES, AND YOUR INTENT TO USE THE PROPERTY FOR A VACATION RENTAL.

 

For Reservations at Waipouli Beach Resort – Resort & Condo Guidelines

 

For Waipouli Beach Resort Reservations - Please take some time to review these Waipouli Beach Association House Rules that have been designed to ensure safety, comfort and enjoyment for all owners and guests of Waipouli Beach Resort.

 

  • Absolutely no smoking in the condo or on the lanais or anywhere on the property.  Our resort is a SMOKE FREE PROPERTY.  All condos are designated non-smoking units.  There are designated smoking areas located along the parameter of the property. 

 

  • The pool area is for the exclusive use of our owners and guests staying at the resort. All guests must be registered in our reservations system prior to check-in, and must wear wrist bands issued by the pool area staff while in the pool area. Reservations are subject to the maximum per-unit occupancy limits of six (6) guests in a 2-bedroom unit and four (4) guests in a 1-bedroom unit. Exceeding the occupancy limits or inviting unregistered guests to the resort will result in loss of pool area privileges for the remainder of stay as well as possible fines imposed by the Waipouli Beach Resort Association. 

 

  • Quiet hours are from 10:00 p.m. to 8:00 a.m. but excessive noise should be avoided at all times.

 

  • Owners and Registered Guests are responsible for everyone in their party ensuring that their behavior is not offensive to other occupants or damaging to the resort.

 

  • Towels, clothing and other articles may not be placed on the lanai, lanai railings or in the windows. 

 

  • Lanai furniture may not be removed from the condo.

 

  • It is always wise to close and lock your doors and secure your valuables where they are not easily seen from lanais or windows.

 

  • Open fires in barbeques are prohibited.  No cooking or grilling on the lanais is permitted.

 

  •  Guests are asked to dispose of waste daily; bins are located on each floor and indicated with signs

 

  • Pets are not allowed in the condo.  Resort policy is no pets on the premises.

 

  • Please turn off your air conditioners when leaving the room. Again, every effort to conserve energy is very much appreciated. Kauai has become one of the highest energy cost State in the country. Keeping our energy bills low will help prevent any future increase in the nightly rate.

 

  • Guest may NOT move any furniture, rearrange the unit or alter the décor. Violations will require a minimum charge of $50.00 per hour (one hour minimum) to reconfigure the unit to the original state.

 

  • All properties will be inspected after guest departure. If evidence of anything other than ordinary wear and tear is present, the departing guest will be financially responsible for repair and/or replacement of damaged property.

 

 

SWIMMING POOL AREA

 

 

Pool hours:  8:00 a.m. to 10:00 p.m.

*NO LIFEGUARD ON DUTY*

 

  • There are no lifeguards on duty. Pool Monitor on duty daily from 10:00 a.m. to 6:00 p.m.
  • Pool Towels available by the pool area.
  • Bathing suits are required.
  • Children under 14 years old must be accompanied by an adult.
  • No surfboards or boogie boards or floaties.
  • No glass or breakable containers allowed in pool area.
  • No diving, excessive noise, horse-play or running allowed.
  • Headphones required for radios and electronic equipment.
  • The use of spas and pools is at the sole discretion of the renter. Please be careful and responsible for all children.
  • The pool area is for the exclusive use of our owners and guests staying at the resort. All guests must be registered in our reservations system prior to check-in, and must wear wrist bands issued by the pool area staff while in the pool area. Reservations are subject to the maximum per-unit occupancy limits of six (6) guests in a 2-bedroom unit and four (4) guests in a 1-bedroom unit. Exceeding the occupancy limits or inviting unregistered guests to the resort will result in loss of pool area privileges for the remainder of stay as well as possible fines imposed by the Waipouli Beach Resort Association. 

 

 

 
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