Rental Policy Agreement

Contact: [email protected]

Renter will be referred to as Guest.

Terms of Agreement

The term of this agreement begins at the time the deposit is charged. Check-in is 4:00 PM when a same-day checkout is occurring, and 3:00 PM on all other days. Occupancy ends at 10:00 AM on the check-out date. Check-out times are strictly enforced. The number of guests is specified on the payment information provided at booking and may not exceed 10 guests. No additional overnight guests are allowed without prior approval. Guest agrees that the property is to be utilized for temporary vacation occupancy, and this Rental Policy Agreement does not create a landlord/tenant relationship. This contract is not transferable.

Surrender of Premises

Guest will surrender the premises in as good condition as at check-in. Any excessive cleaning required, missing inventory, or damages will be billed to Guest's charge card and/or deducted from the Security Deposit. Owner is not responsible for electricity, water, cable, or telephone outages due to natural causes.

Pool & Jacuzzi Use and Rules

Absolutely no diving or flipping -- water is shallow, 3.5' to 5'. Never leave children unattended. No glass or food in the pool, no glass on the pool deck, and no running. There is no lifeguard on the premises. No climbing on the waterfall or rocks. Door alarms are on the interior of the glass doors and should remain on when children are present. Use of all property is at your own risk, and Owner assumes no liability.

Waste, Nuisance, and Disturbance of Peace

Guest agrees not to commit or permit any waste on the premises, and not to use or permit the use of the premises for any unlawful purpose. Guest agrees not to disturb the peace of neighbors or surrounding persons, nor to use the premises in a manner that constitutes a disturbance of the peace or a nuisance.

Should Problems Arise

Should problems arise, deficiencies will be corrected as soon as possible during normal business hours, and Owner will make best efforts to correct deficiencies outside business hours. Guests may always call the owners at (805) 861-4636.

No Smoking and No Pets

Pets are not permitted. This is strictly a non-smoking property, inside and outside, with no exceptions. Violators will be assessed a substantial cleaning/deodorizing fee.

Parking

There is plenty of parking in the driveway. No parking is allowed on the grass or in the garage.

Events

Special events such as receptions, parties, etc. are not permissible without written consent of the Owner, and must abide by association rules.

Payments

One half of the total payment is due at the time of booking, with the remaining balance due 60 days prior to arrival. If the arrival date is 60 days or less from booking, full payment is due at the time of booking. If Guest prefers to pay the final payment by check, Guest must notify Owner of this preference at the time of booking; checks must arrive at least 10 days prior to the final payment deadline to allow time for bank clearance.

Minimum Stay

Minimum stay is 4 nights, unless special permission has been granted. Holiday Season minimum stay is 7 nights unless otherwise noted. Other dates may also be blocked from the 4-night minimum.

Cleaning Fees

The cleaning fee is $695 and includes a starter supply of hand soap, dish soap, and paper products. The property is cleaned and prepared for each arrival, with fresh linens and towels and a starter supply of soaps and paper products in every bathroom. Additional supplies during the stay are the responsibility of Guest.

Taxes

There is a Hawaii State General Excise Tax, a Hawaii State Transient Accommodations Tax, and Kauai County also charges a GET. These total 19.962% and are due on the full rental amount, including the cleaning fee. Taxes are subject to change without notice per State of Hawaii requirements.

Deposits and Payments

One half of the total is due at the time of booking to confirm a reservation. The remaining balance is due 60 days prior to arrival; if the arrival date is 60 days or less away, full payment is due at booking.

Cancellation

Cancellations made 60-90 days before arrival forfeit 25% of the initial deposit. Cancellations within 60 days of arrival receive no refund unless the home can be re-rented, in which case a refund will be made for the re-rented portion. If the home remains unoccupied, all rental payments are retained except the cleaning charge. After arrival, there are no refunds for any reason. No-shows and early departures are subject to full forfeiture. For Holiday Season bookings, cancellations within 120 days of arrival are subject to full forfeiture.

Hold Harmless and Indemnity

Guest agrees to hold Owner, Owner's family, and any other persons occupying or utilizing the premises harmless from claims arising from Guest's use or occupancy of the premises. Guest further agrees to indemnify Owner for damages claimed, alleged, or caused to Guest or third parties arising from use or occupancy by Guest or third parties. This includes, without limitation, use of bicycles, entertainment equipment such as foosball and ping pong, and beach gear. Complimentary Wavestorm soft-top surfboards and boogie boards are provided for guest use at their own risk; hard/performance surfboards and paddle boards are not permitted on the property due to liability -- rental venues for these are available in Hanalei.