Garden Island Rentals – Guest/Rental Agreement

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 writtenbelowby and between the undersigned person(s) or company (the "Guest" or "you") and Garden Island Rentals ("Rental Agent" or "we" or "us"), pursuant to which you have agreed to rent the residence described below (the "Property"), for the duration of the Rental Term for the 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 agree to pay us. as a partial payment, the sum of a) non-refundable $50 Processing Fee and b) a refundable Security Deposit. This paymnt must be made in US funds by cash, check, ACH, wire transfer, money order or credit card. This initial Payment is due on the Reservation Date, if you pay by credit card, or no later than seven (7) calendar days after the Reservation Date, if you pay by cash, check or money order. If your Initial Payment is not received by us in accordance with these dates, your reservation will no longer be confirmed and may be subject to cancellation. 

Final Payment: Your Final Payment for Rent, Cleaning and other fees, and Taxes is due 90 days prior to your Arrival Date. Your payment must be made in US funds by cash, check, ACH, wire transfer, 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 prior to your Arrival Date, your reservation will no longer 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 previous remitted to us will be returned to you, less a cancellation fee and the non-refndable $50 Prcoessing Fee. The Cancellation Fee is the greater of a) $100 or b) 3% of the Rent Amount. 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 the 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 Security Deposit that you paid us.  We will use our best efforts to re-book your rental dates, but 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. 

If the owner of the Property you are reserving decides to remove their Property from our vacation rental program, we will attept to relocate you to comparable accommodations. If a comparable accommodation is not available, you will receive a full refund of all amounts you paid us. 

We are NOT responsible for any additional 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. 

Check-in and Check-out times:

Your vacation condo should be available for check-in at 3:00 PM on your arrival date. For homes, check-in time is 4:00 PM on your arrival date. We ask that you check out by 10:00 AM on your Departure Date to give our Cleaners enough time to get the home ready for any Guests scheduled to arrive on your check-out day. Failure to check out time could result in additional fees.

You may extend your check-out time to 7:00 PM 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.

Condition and Use of Property:

The information presented while deemed reliable is not guaranteed. Properties are individually and privately owned and reflect different styles and decors as setup by the owner. Every effort has been made to provide accurate descriptions. The property is provided in “as is” condition. Rental agent shall use its best efforts to ensure the operation of all amenities on the Property.

Guest acknowledges that use of amenities such as hot tubs, pools, spas, fireplaces, decks and the like may be potentially dangerous and involve potential risks if improperly used, particular with regard to children and such use is at the Guest’s own risk. Guest shall 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 at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest 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 Garden Island Rentals are equipped for basic vacation needs. Bed linens and towels are available for the number of guests indicated on the guest agreement. Kitchen utensils and a starter supply of soap and paper products are available upon check in. If any additional supplies are needed, guests will need to bring or purchase additional supplies.

Telephones are provided at each of the properties managed by Garden Island Rentals and local calls are free of charge. If long distance phone calls are made while on property additional telephone charges will be applied to the guest.

All maintenance problems during your stay on property will be handled in a timely and professional manner. No refunds will be applied due to any malfunction of equipment on the property which includes but is not limited to TVs, DVDs, hot water heaters, stoves, refrigerators, dishwashers, washer/dryer units, BBQ equipment and air conditioner units.

Not all properties have central air conditioning so please check property description for details.

Maximum Occupancy Policy:

Each property has a specific maximum occupancy. Guests are responsible for making note of the number of guests allowed in each property prior to making a reservation. If the maximum occupancy is exceeded without management approval you will be evicted and charged a minimum of $250.

Since our properties are located in residential areas they are rented for personal use only. No weddings, receptions, luau’s or parties of any kind are strictly prohibited. If guests engage in any of these activities while on property without notice to Garden Island Rentals they risk forfeiture of their deposit, reservation amounts paid, and immediate eviction.

No Smoking Policy:

All of our properties have a strict non-smoking policy inside the home. At some of our properties this also includes the lanai and or patio areas. If it is determined that a guest has violated this policy while on property a $250 fine will be charged.

Pets:

No pets are allowed on any of the properties under management by Garden Island Rentals. In the event evidence is found that a pet was brought onto the property without the approval of Garden Island Rentals the guest will be charged a minimum of $500 for the additional cleaning and repair of any damages caused by such pet.

Cleaning Charges:

Outclean charges vary by property. When you depart a professional cleaning service comes to clean the property and to prepare it for the next group of visitors. Since the property you are staying at is a private residence, we expect the property to left in a “neat” condition. If the unit is left in a condition that requires additional cleaning time by the professional cleaning staff, additional charges will be applied. A check list of items to complete before departure will be available for review in the guest book on property. We strongly suggest you follow these instructions to ensure no additional charges are applied.

Travel Protection (US Residents Only)

CSA Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment. We strongly advise any traveler to purchase this protection. If you have not elected to purchase protection you have read and understand our cancellation policy and choose not to purchase Travel Protection.

Disclaimer:

The Guest agrees that Garden Island Rentals shall not be liable to Guest, other guests in party, invitees or any other person for any injury, loss or damage to any person or property on the rental premises. Guest shall hold Garden Island Rentals harmless and indemnified from and against all loss or damage that occur by use, misuse or abuse of any part of or fixture on premises, surrounding areas and from or against any omission, neglect, of the guest and his/her guests or invitees. The guest acknowledges that Garden Island Rentals only in the capacity as Agent for the property owner and assumes no liability thereunder.

All of the properties managed by Garden Island Rentals are privately owned. Owners of the home and property are not responsible for any accidents, injuries or illnesses that occur while on the premises or from use of any items provided for guest use. The homeowners and Garden Island Rentals are not responsible the loss of personal belongings or valuables of the guest. By accepting this reservation and agreement, it is agreed that all guests are accepting the risk of any harm arising from their use of the premises or others whom they invite to use the premise and items provided for guest use.

General Provisions:

This agreement contains the entire agreement between the parties 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 the Guest and Rental Agent. This Agreement shall be governed by the laws of the State of Hawaii. The words “rental agent” and “guest” shall their respective heirs, successors or representatives. 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.

OwnerWeb

Kauai Rentals PO Box 57 Koloa, Hawaii 96756 808-742-9537 gir@kauairentals.com

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