Kauai Exclusive Management Vacation Rental Lease/ Contract Agreement

This agreement constitutes a contract between the guest(s) and Kauai Exclusive Management .

Please read this Vacation Rental Lease/ Contract Agreement thoroughly. Any monies received by Kauai Exclusive Management, for occupancy of vacation property indicates the acceptance of the terms and conditions of this Vacation Rental Lease Agreement. It is the responsibility of the guest(s) to be familiar with all policies within this agreement. This rental agreement is entered into by and between the renter, hereinafter referred to as “Guest”, and Kauai Exclusive Management , hereinafter referred to as “Agent”.

“Kauai Exclusive Management” and “Guest(s)” agree as follows:

Reservation Requirements

• Reservations are not considered “confirmed” until a signed rental lease agreement and payment of 25% of the total rental fee including tax, are received within 48 hours by Agent at the appropriate office via RentalHost.
• Confirmation of reservation will be emailed to guest(s) upon receipt of the reservation advance payment. Please read the confirmation for accuracy of dates, occupancy, and accommodations. Any errors must be directed to the reservations department immediately.
• Agents reserve the right to change rental assignment to a comparable unit without prior notice or liability in the event of a sale of the rental property, or if the unit becomes damaged or unavailable.
• According to Kauai Exclusive Management’s policy, Guest must be 21 years of age or older to agree to our vacation rental agreement. Underaged Guests must be accompanied by a parent or guardian.

Payment

• Accepted forms of payment: Visa, Mastercard, Discover, Amex
• All outstanding rents must be paid in full 60 days prior to your check-in
• All rates are subject to local taxes including Hawaii State General Excise tax 4.712%, Hawaii transient accommodation tax 10.25%, and Kauai County tax 3%
• In the event that Kauai and/or Hawaii tax rates increase between the date of booking and the start of the reservation, Guest is responsible for paying the additional taxes incurred on the reservation charges.

Check-in Rules and Procedures

• Check-in time is after 3pm on the day of your scheduled reservation
• With your confirmation of reservation you will be given your check-in procedures through the RentalHost app and website
• Maximum Occupancy of guests per condominium is subject to property. All guests must be registered. Kauai Exclusive reserves the right to issue an additional charge of $50 per head per night for each person. In excessive circumstances, Kauai Exclusive reserves the right to evict guests for exceeding the maximum occupancy limit.

Check out Procedures

• Check out time is before 10 AM
• If you need a later time please request to book an additional day to guarantee your late checkout
• Before departure leave any keys in the room, shut off appliances and lights

Guest(s) Responsibilities

• All short-term rental properties, inside and outside, are NON SMOKING. Hawaii state law prohibits smoking within 20 feet of the entrances, exits, and ventilation intakes of the property. Violators may be subject to a $500 fine and eviction.
• Please turn off lights when you leave the condominium. Kauai has the highest electricity rates in the nation and we appreciate you helping us conserve.
• Pets are not permitted on any rental properties

UPON DEPARTURE:

1. Place soiled dishes in the dishwasher or sink
2. Turn off lights, and lock all doors.

DAMAGE WAIVER FEE: A mandatory one-time fee of $75 will be charged for damage protection up to $2,000. If damage exceeds $2,000, Guest is responsible for repairs and losses, including:

As a part of your stay, you must pay a non-refundable fee of $75, which will cover (up to $2,000) any accidental damage to the premises. This damage waiver fee covers unintentional damages to the rental unit interior that occur during your stay (provided they are disclosed to management prior to check-out). The fee will pay a maximum of $2,000.00 towards the repair and replacement of the rental property. Any intentional abuse or damage by you or your guest and any damages exceeding $2,000.00 will be charged to you via invoice or via the credit card on file for the Reservation.

If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property on the Premises as a result of inadvertent acts or omissions, the Damage Waiver Fee will protect you for the cost of repair or replacement up to $2,000. Certain terms and conditions apply. The vacation Rental Damage Waiver can be purchased up to and including your final payment prior to arrival. The amount of the Waiver Fee and/or Security Deposit is reflected on your Reservation Confirmation.

The Vacation Rental Damage Waiver Fee does not include damages to the property due to intentional or willful acts of the Tenants and or the guests of the Tenants; including without limitation, any acts that do not comply with the Rules and Regulations set forth herein or posted on the Property, the Property Guest Book, RentalHost, or those provided at Check-In. Such damages caused by these intentional acts or those not reported to the Agent will incur additional charges to the Tenant. The Vacation Rental Damage Waiver Fee covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to the Agent prior to check-out.

LOSS OF PERSONAL BELONGINGS: The property owners are not responsible for loss of personal belongings or valuables of Guest. We advise you not to bring expensive jewelry and other be-longings to Kauai. Do not leave personal belongings in your car or on the beach unattended.

EXCLUSIONS: The Damage Waiver Fee does not cover missing or stolen guest or owner items.

Cleaning

• Daily cleaning is not included
• All rentals are charged with a one-time check out cleaning fee
• A basic supply of linen is provided in each property. Bed and bath linens are not exchanged during your stay.
• The start-up set of bath soap, toilet paper, paper towels and trash bags are not replenished.

SAFETY

• Natural beauty surrounds Kauai but weather, surf, currents, ocean, and land conditions may be unpredictable. Please use caution in the ocean and in any bodies of water, including the property’s pool, and while hiking you are responsible for your own safety and the safety of your family. Any ocean equipment provided with the condo, such as body boards and snorkels, and island guide books are for your enjoyment and to be used at your own risk. Fins are recommended for bodyboarding, snorkeling, and swimming. Lifeguards are great resources for current ocean conditions. We also recommend checking http://www.kauaiexplorer.com/ocean_report/.

**WRITTEN EXCEPTIONS: Any exception to the above-mentioned policies must be approved in writing in advance**

WAIVER OF LIABILITY 

KAUAI EXCLUSIVE MANAGEMENT acts as a marketing and rental agent for homeowners, suppliers, and contractors. Under no circumstances shall KAUAI EXCLUSIVE MANAGEMENT be responsible for any loss, expense, damages, claims, or injury, direct, indirect, consequential, or otherwise whatsoever, howsoever caused or incurred whether arising in contract or otherwise in law or equity as a result of your use of the Property or of any delay(s) substitution(s), rescheduling(s) or change(s) in the provision of services or accommodations by KAUAI EXCLUSIVE MANAGEMENT or its agents, employees, owners and/or subcontractors.

AGREEMENT TO INDEMNIFY

KAUAI EXCLUSIVE MANAGEMENT, in its sole and unfettered discretion, reserves the right to refuse or discontinue service to any person(s) and/or to rescind any contract for accommodation or guest services. You agree to hold KAUAI EXCLUSIVE MANAGEMENT harmless from any liability or expense arising from your use of the property, including use by all occupants, invitees, and others, and you further agree to indemnify KAUAI EXCLUSIVE MANAGEMENT for all claims, costs, expenses, including attorney’s fees, and/or damages incurred by KAUA`I EXCLUSIVE MANAGEMENT, its agents, employees, successors and assigns, directly or indirectly, as a result of your use of the property including use by all occupants, invitees, and others, or your breach of this agreement.

CREDIT CARD AGREEMENT

I am providing my credit card number for payment to Agent. I agree to pay all rent and charges related to property rental. I accept all terms of the lease agreement and accept all liability for rent and charges related to property rental, as well as any damage beyond what is covered by the Damage Waiver Fee, during the term of my lease with Agent. I understand that these costs will be charged to my credit card. In the absence of another payment arrangement, I authorize Agent to charge my credit card for payment of these items.

KAUAI EXCLUSIVE MANAGEMENT