YOU ARE STRONGLY ADVISED TO READ THIS RENTAL AGREEMENT AND CONTRACT BEFORE SIGNING IT.
This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made by and entered into as of the Reservation Date written below by and between the undersigned person(s) or company (“you”) and Garden Island Rentals (“we” or “us”), where you have agreed to rent the residence described below (the “Property”), for the Rental Term and Total Rental Fee and other good and valuable consideration as described herein.
Deposits and Payments: We will require you to make two payments to us, to cover the Total Rental Fee.
Initial Payment: When you make your reservation with us you will be charged a Reservation Fee of $100 that is non-refundable. Your payment to us must be made in US funds by cash, check, money order or credit card. The Initial Payment is due on the date you make the reservation if you pay by credit card, or no later than seven (7) calendar days after the date you make the reservation, if you pay by cash, check, bank wire or money order. If your Initial Payment is not received by us in accordance with these dates, your reservation will not be confirmed and may be subject to cancellation.
Final Payment: Your Final Payment for Rent, Cleaning, Physical Damage Waiver (PDW) and Taxes is due 90 days prior to your Arrival Date. Your payment must be made in US funds by cash, check, bank wire, money order or credit card. We will automatically charge your credit card for this Final Payment, unless you advise us otherwise. If your Final Payment is not received by us at least 90 days before your Arrival Date, your reservation will not be confirmed and may be subject to cancellation.
Cancellations: We understand that unusual circumstances may occur that require you to cancel your reservation. If we receive a written request (e-mail is acceptable) from you to cancel your reservation before we receive your Final Payment, any moneys previously remitted to us will be returned to you, less a reservation fee of $100 and less a Cancellation Fee of $150. For those reservations who have no moneys previously remitted to us, we will charge the credit card on file the cancellation fee of $150.
Any amounts due to us under this cancellation policy may be charged to your credit card, if the Initial Payment you made to us is not sufficient to cover all amounts due to us for the cancellation.
If we receive your written cancellation request after we receive your Final Payment, we will refund to you the Cleaning Fee and associated taxes, and any PDW Fee that you paid us. We will use our best efforts to re-book your rental dates to another guest, but we can’t guarantee that we’ll be able to do so. If your rental dates are re-booked, we’ll refund to you the Rent Amount and associated taxes received from the guest re-booking the property, up to the Rent Amount and associated taxes you paid us. If we’re unable to re-book your rental dates with another guest, you will NOT receive any additional refunds.
No refunds will be given for any early departure.
Due to the fact that our properties are individually owned, we reserve the right to relocate you in the event of special circumstances such as the sale of a property, a maintenance concern or owner usage, and if necessary, cancel your reservation. Among the many reasons a property may not be available is a change of ownership we were not aware of, damage to the property, health violations or obvious issues of a similar of a similar nature, pest infestations, misuse of the property by a previous occupant, etc. We have no control over these matters. Your acceptance of this contract is an acceptance of the risk of a cancellation for matters beyond our control.
We are NOT responsible for any other travel expenses you incur (airline tickets, rental cars, etc.), nor are we responsible for any “Acts of God” or other events beyond our control, (e.g., inclement weather or construction activities near the Property).
We recommend that you consider obtaining Travel Insurance to hedge against the risk of losing any vacation investment amounts you have paid.
Physical Damage to Property: As a way to protect the rented property and premises, we ask you to pay a Physical Damage Waiver (PDW) Fee, which is non-refundable. When paying us the PDW Fee, we will hold you harmless for any unintentional damage to the property or premises up to a stated limit of $ 1,500.00 or $ 2,000.00, depending on the property. The PDW fee is $70 per stay for condos and small homes or $105 per stay for larger homes. You will be responsible to pay us for any damage above the stated limit or for the full amount to repair such damage where it appears that the damage was intentional. Any unintentional damages must be disclosed to Garden Island Rentals PRIOR to check out. We reserve the right to charge your credit card for the cost of any damages not covered under the Physical Damage Waiver.
Check-in and Check-out times: Your vacation condo or home, check-in time is 4:00 PM on your Arrival Date. No early check ins available unless coordinated with Garden Island Rentals in advance. We ask that you check out by 10:00 AM on your Departure Date to give our cleaners time to get the home ready for any guests scheduled to arrive on your check-out day. Your failure to check out on time could result in additional fees being charged to you.
You may extend your check-out time to 7:00 PM on your Departure Date for an additional charge of 50% of the nightly rate. For a check-out after 7:00 PM, a full day’s nightly rate will apply. We require a 72-hour notice of your desire for a late check-out, so we can insure there’s not a conflict with the next arriving guest. We cannot guarantee, however, that we’ll be able to accommodate your request for a late check-out.
Condition and Use of Property: The Property information presented to you, while deemed reliable, is not guaranteed. Properties are individually and privately owned and reflect different styles and decors as setup by the Property owner and may change from when you made your reservation. The Property is provided in an “as is” condition. We will use our best efforts to ensure the operation of all amenities on the Property.
You acknowledge that use of amenities (such as hot tubs, pools, spas, fireplaces, decks and the like) may be potentially dangerous and involve risks, particular with regard to children. The use of such amenities is at your own risk. You agree to use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition. You, persons in your party and other invitees agree to refrain from making loud noises and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall they use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
Property Equipment and Supplies: All Properties managed by us are equipped for basic vacation needs. Bed linens and towels are available for the number of guests indicated on the reservation. Kitchen utensils and a starter supply of soap and paper products are on hand at the Property when you check in. If you need any additional supplies, you will need to purchase them on your own.
Telephones are provided at some of the Properties and local calls are free of charge. If long distance phone calls are made while on Property, you may be charged additional fees to cover their cost.
All maintenance problems during your stay on property will be handled in a timely and professional manner, from the time they are reported to our office. No refunds will be given for any malfunction of any equipment on the property, which includes but is not limited to, TVs, DVDs, modems/routers, hot water heaters, stoves, refrigerators, dishwashers, washer/dryer units, BBQ equipment and air conditioner units.
Some owners provide recreational equipment such as bicycles, swimming equipment, surfboards, exercise equipment, etc. You and all other occupants assume the risk of using any equipment on property or damage to or loss of such equipment. You are prohibited from lending such equipment to non-occupants of the property. If property is lost or unreturned in working condition, and you will be charged accordingly.
Not all properties have central air conditioning; please check the Property description for details.
Maximum Occupancy and Personal Use Policy: Each property has a specific maximum occupancy. You are responsible for making note of the number of persons allowed in each property prior to making a reservation. If the maximum occupancy is exceeded without our approval, you risk an immediate eviction, with all moneys you paid to us being forfeited.
Since our properties are located in residential areas, they are to be rented for personal use only. Weddings, receptions, luau’s or parties of any kind are strictly prohibited, without our prior approval. If you engage in any of these activities while on property, without our prior approval, you risk an immediate eviction, with all moneys you paid to us being forfeited.
No Smoking Policy: All of our Properties have a strict non-smoking policy inside the home. At some of our properties, this policy also includes the lanai and patio areas. If it’s determined that you’ve violated this policy while on the Property, you may be charged a $250 fine.
Pets: No pets are allowed on any of the Properties. If we discover that a pet was brought onto the Property without our approval, you may be charged a minimum fee of $500 for additional cleaning and repair of any damages caused by such pet.
Property Manager Access: Property Manager reserves the right to enter the premises for effecting repairs and/or maintenance or for any other necessary purpose.
Cleaning Charges: When you depart, a professional cleaning service comes to the Property to clean and prepare it for the next arriving guests. Since the Property you’re staying at is a private residence, we expect the Property to be left in a “neat” condition. If the unit is left in a condition that requires additional cleaning, you may be charged for the additional cleaning. A checklist of items to complete before your departure will be available for review in the guest book on the Property. We strongly suggest you follow these instructions to ensure no additional charges are applied.
Environmental Disclosure: You acknowledge that the State of Hawaii is exposed to environment hazards, including but not limited to, Tidal Waves/Tsunamis, Hurricanes and Floods. Please refer to the local phone book showing the inundation area and evacuation instructions should a threat occur. Since our Properties are in the tropics, you may encounter geckos and other pests. While our Properties are treated regularly for pest control, animals such as bugs, rodents, chickens, frogs and the like are a normal part of life in the tropics. There will be no refunds or adjustments made for any other situation beyond our control. This property is in a Tsunami Evacuation Zone. In an event a tsunami is detected as probable by the Pacific Tsunami Warning Center, the Office of Emergency Preparedness of the County of Kauai will make the same known by sirens. Please evacuate Poipu in accordance to the evacuation plan provided to you prior to taking occupancy or that is located in the Guest Information Guide on property. We strongly encourage you to read the plan prior to taking occupancy.
Travel Insurance (US Residents Only): Optional CSA Travel Insurance may be purchased with your reservation. Travel Insurance may reimburse you for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment. We strongly advise you to understand which expenses are covered under a Travel Insurance policy and consider purchasing this protection.
Disclaimer: You agree that we shall not be liable to you, any persons in your party, other invitees or any other person for any injury, loss or damage to any person or property on the Property. You agree to hold us harmless and to indemnify us from and against all loss or damage that occurs by use, misuse or abuse of any part of or fixture on the Property, surrounding areas and from or against any omission or neglect, by you, any other persons in your party or any other invitees.
You agree that you assume the risk of all activities undertaken by yourself, inclusive of all occupants and guests. Swimming or any oceanic activity has a risk, particularly in Hawaii which has a very high drowning rate and injury rate for oceanic activities. Be careful. Go to beaches only manned by lifeguards. The Poipu/Koloa area has a great deal of motorized traffic, being a resort area. Bicycling is inherently dangerous in such situations and you assume the risk of such. Be careful, aware, and obey all traffic rules.
All Properties managed by us are privately owned. The owners of any Property are not responsible for any accidents, injuries or illnesses that occur while on the Property, activities off the property and/or from the use of any items provided for your use to either yourself or others. We and the Property owners are not responsible for loss or damage of any of your personal belongings or valuables, or the personal belongings or valuables of any persons in your party or other invitees. By accepting this Agreement, you agree to accept the risk of any harm arising from the use of the premises by persons in your party or other invitees and waive any right of legal action relative to the use of the property and risks undertaken by yourself guests and invitees. This waiver shall be construed in the broadest sense.
General Provisions: This Agreement contains the entire agreement between you and us with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both you and us. This Agreement shall be governed by the laws of the State of Hawaii. This Agreement shall be binding upon the heirs, personal representatives, executors, administrators, successors and assigns of the undersigned. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.
Dispute Resolution: In the event of a dispute regarding any matter relating to Garden Island Rentals, the parties shall initially attempt to mediate the matter via The Kauai Board of Realtors, Lihue, Kauai. Any action brought against Garden Island Rentals outside of the return of deposits and fees as elsewhere provided herein, shall be limited to ONE THOUSAND DOLLARS ($1,000) inclusive of all stated causes of action or claims. You agree to this limit on damages against Garden Island Rentals, its employees, hires and agents by signing this contract and or utilizing its services. Sole Jurisdiction for any legal action shall be in the District Court of the Fifth Circuit of The State of Hawaii. You waive trial by jury on behalf of yourself, other occupants and guests.