GUEST RENTAL AGREEMENT
Please return this contract within 7 days to avoid the possibility of cancellation. Your booking deposit - consisting of the first night rent plus $110 (damage protection and reservation fee), and trip insurance, if selected - will be charged at the time you reserve. If you wish to avoid cancellation fees, you must cancel within 48 hours of reserving. Once your reservation is paid in full and your signed contract has been received, we will send your arrival instructions. DO NOT GO TO KAUAI WITHOUT YOUR ARRIVAL INSTRUCTIONS!!!
When paying your balance, we offer payment by all major credit cards as well as by check (U.S. Dollars only). If paying by check, please make check payable to the Property Manager and mail it to the office.
This agreement and the reservation transactions accomplished hereby are deemed for all intents and purposes to be entered into in El Paso, Texas. Further, any and all deposits or payments received hereunder shall be deemed for all intents and purposes to be received in or at El Paso, Texas.
Please list all guests who will be staying at the property. For all minors, please include age.
CHECK-IN TIME: 3:00 PM CHECK-OUT TIME: 10:00 AM
PAYMENT: Payment in full is due no later than 60 days prior to check-in. If we have not received a check for payment in full, we will charge your card for payment in full on the due date. Reservations not paid in full by the final balance due date shall be subject to cancellation and forfeiture of funds. If a reservation is made within 65 days of the reservation check-in date, full payment is required at time of reservation.
RETURNED CHECKS: If Guest payment is not honored by the bank, we reserve the right to require payment by certified check or money order, or to cancel the reservation. In addition, the Guest must pay any fees incurred. Minimum charge is a $35 NSF fee.
CANCELLATION/REFUNDS: For cancellations 91 or more days prior to your contracted check-in date your deposit will be refunded, less a $125 cancellation fee. For cancellations 61 – 90 days from arrival, the entire guest booking deposit is forfeited. Cancellations after contracted full balance payment due date will forfeit full rent and taxes. Any unused portions of the contracted reservation dates are non-refundable. Any interruption of services within the property, or inclement weather during your stay, will not serve to void or cancel the rental agreement.
OCCUPANCY: Only members of the rental party may stay at the property. All members of the rental party must be listed on the first page of this agreement. Please note that infants and children of all ages count as Guest(s). Guest(s) must immediately notify us by phone and 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 the Property Manager AND the property owner. Over-crowding or misrepresentation is grounds for immediate eviction without refund. This unit cannot be sublet or assigned to others.
Please Initial Each Section Below:
_____ LOST KEYS and PARKING PASSES: I understand that there is a $50 replacement charge for a missing pool key, door key, or parking pass. (Note: not all properties will have a door key, if they are equipped with a keyless entry system.) The fee for a missing garage door opener is $150. Because the next guest will require keys, opener, and parking pass, you will not be able to avoid the replacement charge by mailing the items back to us. Renters at Villas of Kamalii please note that the pool key replacement charge is $150 at that location.
_____ DISCLOSURE & INDEMNITY: Guest(s) acknowledge(s) the existence and dangers associated with but not limited to; hot tubs, BBQ, pool, sauna, gym (workout facility) and equipment, rivers, lakes, bluffs, lofts and ladders. Guest(s) agree(s) to indemnify and hold harmless Owner and the Property Manager from and against any loss, liability, damage or expense (including legal fees and costs) which Guest(s) may suffer, sustain, or become subject to as a result of, or in connection with, any injury arising from or related to Guest's use of any of the above mentioned. If the property is near a golf course you assume the risk of being hit by a golf ball and will not hold the property owner or the Property Manager liable.
_____ NON-LIABILITY AND INDEMNIFICATION OF OWNER AND AGENT: The Property Manager and Owner are held harmless and will not be held liable or responsible for any disasters, acts of God, accident, or unforeseen event that may affect the vacation rental. Guest(s) 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(s) and/or invitees of Guest. Guest(s) accepts responsibility for the acts of his children and visitors. The Property Manager and Owner are not responsible for articles lost, stolen, or left behind in the unit and are not liable for any damages to persons or their property while at the rental property.
_____ CONDITION OF PREMISES: The property and contents are privately owned. The Property is rented with Owner's furnishings and the Property Manager will not be responsible for providing additional furnishings or equipment. No items belonging to the Owner shall be removed from the property. Should any equipment be out of order, Agent will undertake reasonable efforts to remediate reported problems during normal business hours. Please keep in mind that being on a remote island can often delay the receiving of parts and repairs. There will be no refunds for such inconvenience. Guest authorizes the Property Manager or property Owner to repair damages or loses caused by Guest or invitees of Guest, at the expense of Guest. Guests are required to notify us of any defects or problems associated with the property IMMEDIATELY, including but not limited to, appliances, audio/visual equipment, furnishings, hot tubs, jacuzzis, and pools, etc.
Please be careful with items that you put down the garbage disposal. At home you might be able to put skins or vegetable leaves down your disposal but the one in your rental may stop up. We ask that you exercise care. Also, please do not turn the dial on the refrigerator colder than the recommended setting. Doing so will cause the appliance to shut down. If you stop up the disposal or cause the refrigerator to stop working, we will charge you for the service call. Do not move furniture. It may cause damage, and this damage will NOT be covered by your damage waiver.
_____ ACCESS TO PREMISES: Owner or Agent may enter premises for the following reasons: Assessing damages or malfunctions, to perform repairs and/or maintenance, to supply services agreed upon, including but not limited to, pest control, if the unit is for sale (we will provide 24 hours’ notice to show the unit at a reasonable hour), or in case of emergency. We reserve the right to enter the property any time for the purpose of safekeeping and/or prevention of further damage.
_____ NEIGHBORHOOD CONSTRUCTION: We are not responsible for any construction noise or inconvenience that may occur during your stay. No refunds will be given.
_____ SMOKING: All properties are smoke-free. Guests may smoke outside in specially designated areas only. Please dispose of all smoking materials appropriately and do not discard on the grounds.
_____ PETS: Pets are not allowed in the home or on the property, unless they are ADA certified service animals. The ADA defines a service animal as a dog that is individually trained to do work or perform tasks for a person with a disability.
_____ CLEANING: The cleaning fee is mandatory and non-refundable. Mid-stay cleaning(s) are required for extended rental periods at Guest expense. Maid service is not included. If you would like additional maid service, it can be arranged for an additional cost. Cleaning fees are subject to change. The cleaning fee covers laundering one set of sheets per bed and one set of towels per guest. You are welcome to use the fresh sheets/towels available, but please launder and replace the used ones or you may be assessed an excess laundry fee of $25/load. Guests staying in houses must remove trash to the street once a week. The trash pick-up is early in the morning; therefore, place your trash on the curb the evening prior to pick-up. Trash cans must be brought in following the pick-up.
_____ ELECTRIC BILLS AND LONG-TERM RENTERS: Electricity on Kauai is very expensive. Costs run approximately $200 per month. For our guests fortunate enough to enjoy a longer visit of 28 or more nights, please note that your INCLUDED electric usage is capped at $300. Any amount over $300 per month will be charged to the guest
_____ DISPUTE RESOLUTION: Any dispute must be governed by the laws of the state of Texas. In addition, disputes must be resolved in the jurisdiction of courts of the state of Texas (unless stated otherwise in property rental terms or at owner/agent request).
_____ SUBJECT TO CHANGE: Advertised amenities are subject to change without notice or compensation. Changes may occur after a reservation is made due to sale of the property, remodeling, mechanical failure, or servicing. Should a property be made unavailable for any reason beyond the control of Agent, Agent may substitute (at their discretion) another property comparable or better. If the substitute is of lesser value, refunds may be made. If no other property is available, the limit of liability by property Owner or the Property Manager is to refund any pre-paid rents that have been paid by the registered Guest.
_____ HAWAII TAXES: If tax rates should change after reservation is made, the new tax rate will be passed on to existing customers.
TRAVEL INSURANCE: We advise all Guest(s) to secure travel insurance for your protection in case you have to cancel this reservation due to any unforeseen event. Because the unforeseen and unexpected can occur before you leave or when you’re away from home we recommend CSA’s Vacation Rental Insurance Plan. The premium for Vacation Rental Insurance can be included in the cost of your rental. Vacation Rental Insurance reimburses for pre-paid non-refundable expenses due to certain unforeseeable circumstances that may cause you to cancel, interrupt or delay your trip.
Travel insurance premium is due in full at the time it is elected, and is non-refundable. Directions and General Information will be forwarded following receipt of full payment and completed, signed Vacation Rental Agreement. The cost of Travel Insurance is 6.95% or your total reservation cost.
_____ I would like to purchase Travel Insurance through the Property Manager.
_____ I have been advised that Travel Insurance is available, and recommended, and do not
wish to purchase it at this time.
DAMAGE WAIVER FEE: This DAMAGE WAIVER covers accidental damage to the rental property, furnishings, and appliances that may occur during your stay, provided you report them prior to departure. If, during your stay at one of our rental properties, an insured person causes any accidental damage to real or personal property of the unit as a result of inadvertent acts or omissions, the cost of repair or replacement of such property will be covered up to a maximum benefit of $1,000. Any damages that exceed $1,000 will be charged to the credit card on file. The DAMAGE WAIVER FEE is $35, due in full at the time of reservation and non-refundable in the event of cancellation. The policy will pay a maximum benefit of $1,000. Damage MUST BE REPORTED TO THE PROPERTY MANAGER in order to be covered.
DAMAGE WAIVER protection will not apply to, and guest will be responsible for, all repair or replacement costs if:
• guest fails to report damage to the Property Manager;
• guest fails to return keys, pool keys, parking passes, or garage door openers;
• the terms of the rental agreement have been violated;
• damage is the result of moving furniture from its original location;
• damage is done in a deliberate act by the guest or invitees of the guest;
• damage is the result of unauthorized entry into the owner's locked closet, smoking in the unit, or unauthorized pets in the unit; excessive cleaning is needed at check-out; parking violations result in a fine assessed to property owner; fines result from violations of rental manager's policies, Home Owner Association Policies, or any laws.
• Theft, damage caused by an act of nature, and loss of use of the rental property are not covered.
I certify I understand and agree that: 1) my credit card will be charged for unintentional damage beyond $1,000 or for any damage not timely reported to the Property Manager; 2) I have read and understand damages excepted from coverage by the above paragraph; 3) it is my responsibility to report damage to the Property Manager.
Name (print): ________________________________________________________
EMERGENCY CONTACT: All guests must provide the Property Manager with emergency contact information.
Relationship to Guest(s)__________________________________________________
Phone Number(s): _______________________________________________________
Signing this agreement constitutes a contract, namely:
1) Acceptance of all terms, conditions, policies, procedures and addendums detailed therein.
2) Acceptance of full financial responsibility for late departure, any loss of inventory, excessive housekeeping, damage or repairs due to abuse or neglect of the property occurring within the duration of your stay.
3) Acceptance of full responsibility and liability for all guests or visitors at the property during your stay.
TENANT SIGNATURE & DATE ______________________________________________
PRINT NAME ______________________________________________________
RESERVATION CONFIRMATION NUMBER _____________
FLIGHT and ARRIVAL TIME: _______________________________________________