Terms & Conditions

GUEST AGREEMENT

Updated: March 2023

This relates to All Rental Properties

PLEASE READ CAREFULLY

By signing this Guest Agreement (hereinafter “Agreement”), the Guest(s) who is a party to this Agreement (hereinafter “Guest”) or any other party authorized to sign on Guest’s behalf and the Owner(s) (hereinafter “Owner”) of the real property being rented (hereinafter “Rental Property”), by and through the Owner’s Agent, RE/MAX Kauai, (hereinafter “RE/MAX Kauai”) agree to the rental of the Rental Property upon the following terms and conditions and any additional rules set forth in the Guest Book located in the Rental Property:TRAVEL INSURANCE: You are a valued guest, and we want to do everything possible to make your trip enjoyable and worry-free. 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. 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. More information is available att: http://www.vacationrentalinsurance.com/prodcoverageoverviewmain.do. Please review our cancellation policy in this Agreement. Should you wish to purchase travel insurance from CSA, the premium for Vacation Rental Insurance can be included in the cost of your rental.

**Please note that Frequently Encountered Issues (“FEIs”) are bolded in the terms and conditions of this Agreement below:

EFFECTIVE DATE: This Agreement is effective as of the date both Owner, by RE/MAX Kauai, and Guest, have signed this Agreement (the Effective Date).

​​​​​​​CHECK-IN AND CHECK-OUT

Check-in: The Rental Property will be ready for the Guest’s occupancy on the check-in date and time set forth in this Agreement. Unless otherwise specified or arranged, check-in time shall be 5:00 PM for 4-5 bedroom homes and 3:00 PM for all other properties.

Check-out: The guest shall vacate the Rental Property by no later than 10:00 a.m. Upon check-out, the Guest agrees to: a) Leave the Rental Property neat and tidy; b) Wash all dishes; c) Turn off all lights and, if applicable, air conditioning; d) Close all windows and louvers; e) Put all perishable food items in the refrigerator; f) Lock the doors and return all keys to lock boxes (if applicable), leave magnetic cards, and garage door openers on the kitchen counter, making sure all garage doors are closed and locked. RE/MAX reserves the right to charge an inconvenience fee in the event the Rental Property is not left in acceptable condition. Cleaning staff will enter the Rental Property promptly at 10:00 a.m. unless other arrangements have been made.

For properties that utilize a lockbox, should the key be removed and lost there will be a $100 fine assessed on the Guest’s credit card.

We want you to enjoy your stay and when possible, will accommodate early check-in or late check-out. However, we are not always able to do so. Guest agrees to abide by stated check-in / check-out times unless express permission is given by RE/MAX Kauai. Guests may guarantee an early arrival or later departure by purchasing the extra night needed. If available, RE/MAX Kauai will allow up to a noon departure at no charge. Departures in the afternoon are subject to a half night’s rent and any applicable fees.

PAYMENT

  • Reservation Deposit: To confirm a reservation for the Guest’s occupancy on the dates set forth in this Agreement, 25% of the total amount due must be received by RE/MAX Kauai, along with a copy of this Agreement signed by all of the Guest(s) named on this Agreement. This amount shall hereinafter be referred to as a “Reservation Deposit”.
  • Due Date of Payment in Full: The remaining balance including rent, taxes, cleaning fee, and Security Deposit (if applicable) is due not less than thirty (30) days prior to the Guest’s check-in. Reservations not paid in full thirty (30) days prior to or by the listed due date shall be subject to cancellation and forfeiture of payment as set forth in Section 3 below.
  • Payments: Payments shall be paid by credit card or check payable to “RE/MAX Kauai”.
  • Security Deposit for Special Events: A Security Deposit is required for special events such as weddings, graduations, etc. The Security Deposit shall be applied to actual damages caused by the Guest, the Guest’s family members, and/or other invitees. After the Guest’s occupancy, the Premises will be inspected to determine if such damage or theft including additional cleaning, has occurred. In such event, RE/MAX Kauai shall deduct the cost of such damage or theft including additional cleaning from the Security Deposit and the Guest will be notified in writing. In addition, RE/MAX Kauai may deduct from the Security Deposit the amount of any long-distance or per-call telephone charges and cable television charges such as but not limited to pay-per-view movies that may have occurred during the dates of the Guest’s rental period. RE/MAX Kauai shall apply, account for, or refund the Guest’s security deposit within forty-five (45) days following the Guest’s Check-Out.
  • Taxes: Hawaii General Excise Tax (GET) of 4.712% and Transient Accommodations Tax (TAT) of 13.25%, and Kauai County Tax of 3% are added to all rental payments and other charges received by the Owner.
  • Additional Expenses: additional expenses (including, but not limited to: extra clean fees, room charges, telephone charges, cable television charges, utility, etc.) incurred during your stay will be charged against the Guest’s credit card after check-out.
  • Failure to Pay: Reservations not paid in full by check-in shall be subject to cancellation and forfeiture of the Guest’s Reservation Deposit. In the event Guest’s check is returned by the bank, the Guest must pay a service charge of $75.00 to RE/MAX Kauai; and the Guest must make all future payments by credit card, certified check, or money order.
  • Trust Account: Guest deposit, final payment, security deposit (if applicable), and any other fees will be deposited into RE/MAX Kauai’s trust account at First Hawaiian Bank, Princeville, HI 96722.
  • International Guest Payments: By providing us with your credit card information for use as payment, you consent to the transaction being performed in United States Dollars (USD). As a result, your financial institution may institute a foreign transaction fee, which you will be liable for.
  • Furthermore, if any credit (also known as a refund) is issued, that amount will also be in USD. RE/MAX Kauai is not responsible for any difference in the amount received by the Guest due to a fluctuation in currency exchange rates.

CHANGES AND CANCELLATION

  • 100% refund if you cancel at least 30 days before check-in.
  • If you cancel at least 14 days before check-in.50% refund less a cancellation fee of $175.00
  • No refund if you cancel less than 14 days before check-in.
  • All cancellations must be made in writing.
  • No rental refunds will be given for early departure or late cancellation. RE/MAX Kauai will not be liable under any circumstances, including substitutions, to refund the Guest for any unused portion of booked accommodations or services.
  • Changes can occur after a reservation is made as a result of the sale of the unit, remodeling, mechanical failure, or servicing. Should the Rental Property be made unavailable for any reason beyond the control of RE/MAX Kauai, RE/MAX Kauai will use its best efforts to provide the Guest with a substitute vacation accommodation of equal value. If no other rental property is available, RE/MAX Kauai shall notify the Guest and refund any payments made as soon as possible.
  • Guest understands that the Owner retains the right to sell the Rental Property or change management companies at any time. In the event the Rental Property is sold or transferred to new management, the Guest understands that RE/MAX Kauai is under no obligation to provide a substitute vacation accommodation of equal value. RE/MAX Kauai may, however, at its option, act as an intermediary between the Guest and Owner to look for a substitute vacation accommodation of equal value. If RE/MAX Kauai is unable to find such accommodations, this Agreement shall be canceled and terminated, and RE/MAX Kauai shall refund all payments made under this Agreement. Guest understands that RE/MAX Kauai shall not thereafter have any liabilities or obligations to Guest arising out of the unavailability of the Rental Property and/or the alteration of Guest’s travel arrangements.
  • Except as provided above, reservations are non-transferable.
  • RE/MAX Kauai may terminate this Agreement upon the breach of any of the terms and conditions of this Agreement by the Guest or any occupant of the Rental Property. In the event of such termination, the Guest shall not be entitled to the return of any monies paid to the Owner or RE/MAX Kauai. Upon such termination, the Guest and all occupants in the Rental Property shall immediately vacate the Rental Property.
  • RE/MAX Kauai in its sole discretion reserves the right to refuse or discontinue service to any person(s) and/or to rescind any contract for accommodations or guest services.

AUTHORIZED USE OF RENTAL PROPERTY

  • In consideration of the payment received and the mutual promises contained herein, Owner, by RE/MAX Kauai, as of the Effective Date, hereby grants to Guest the right to use and occupy the Rental Property on the dates set forth on this Agreement, subject to the terms and conditions of this Agreement. Guest agrees and understands that the term Rental Property, as used herein, includes the interior and exterior of the home, its lanais, landscaping, and designated parking area/garage.
  • Locked areas for which the Guest is not provided a key, such as an Owner’s personal storage areas, are not included within the Rental Property covered by this Agreement.

Gas grills are not allowed at Condominium projects. Charcoal BBQs and Hibachis are prohibited in all properties unless already provided. Any reported illegal use of a gas or fire barbecue from the association will result in a fine, which will be charged to the Guest’s credit card account.

Air Conditioning: Please note that many rental properties do not have air conditioning. Guests that require air conditioning should communicate this requirement to RE/MAX Kauai and confirm that a given rental property has air conditioning prior to making any reservations. Lack of air conditioning is not a basis for canceling this Agreement.

Amenities: advertised amenities are subject to change without notice or compensation and no replacement amenities will be provided. Guests are required to review and sign an additional Use Addendum and Liability Waiver for Rental Properties with swimming pools and/or Jacuzzis/hot tubs.

Condition of Premises: The guest acknowledges and understands that the Rental Property and its contents are privately owned and are rented with the Owner’s furnishings. Neither Owner nor RE/MAX Kauai will be responsible for providing any additional furnishings or equipment for the Rental Property and no items belonging to the Owner shall be removed. Any household appliance and equipment malfunctions reported will be handled as quickly and professionally as possible during regular business hours. In the event of an after-hours emergency, please call Angela Pycha at (808) 639-4074 or Cyrila Pycha at (808) 635-4495.

Unforeseen and Unavoidable Events; Construction Noise: Neither Owner nor RE/MAX shall be liable to Guest for events beyond their control which may interfere with Guest’s occupancy, including but not limited to: unforeseen and unavoidable events, loss of view, beach conditions, natural disasters, acts of government agencies, fires, strikes, terrorism, war, inclement weather, flooding, and construction noise from nearby sites. No refund will be offered in these circumstances.

Construction of Rental Property: In the event that the Rental Property is under construction, whether new construction, remodel or repair, at the time of the Guest’s scheduled occupancy, RE/MAX reserves the right to relocate the Guest to a comparable property. RE/MAX shall have the sole right to select such replacement property and shall make all commercially reasonable efforts to ensure that the replacement property is reasonably comparable to the original Rental Property. Guest shall thereafter have the option to (1) accept the replacement property including any difference in price or (2) reject the replacement property and receive a refund of all rental and fees paid for the Rental Property. Guest hereby agrees that Guest’s choice of these alternatives shall be the sole remedy for any and all damages, liability, or inconvenience arising out of the construction of the Rental Property, as defined herein.

HOUSEKEEPING

The Rental Property has been cleaned and prepared prior to the Guest’s arrival. Fresh linens and towels are placed in the property along with a starter supply of laundry detergent, dishwashing liquid, dishwasher soap, sponge, liquid hand soap, bath soap, shampoo/conditioner, and paper products. Additional supplies that may be needed are the responsibility of the Guest. Each property is equipped with a washer and dryer. Excessive use of the linens and towels resulting in more than five (5) loads of laundry upon check-out is subject to additional charges starting at $15/load. The Cleaning Fee stated in the Agreement is subject to change. Daily Maid Service is not included in this Agreement.

In addition to a one-time out clean fee, mid-stay cleaning(s) and/or deep cleaning(s) may be required for rental periods of thirty (30) days or more at the Guest’s expense. Guest should kindly notify RE/MAX Kauai at least one week in advance of Guest’s arrival to arrange for mid-stay cleaning(s).

Any positive balance for prepaid cleaning fees will be applied to the one-time out clean fee and/or deep cleaning(s), as the cleaning staff deems necessary. Guests shall thereafter be reimbursed in the event any funds remain.

Telephone/Utility Services: Private telephones are for guests’ convenience. Local calls (within the island of Kauai) are free. No long-distance calls shall be charged to the phone number of the telephone located within the Rental Property. All such charges will be charged to the Guest and deducted from the Guest’s Security Deposit. Neither Owner nor RE/MAX Kauai shall be responsible for any interruption or loss of telephone or other utility (e.g., electrical, television, cable, water, etc.) services during the Guest’s occupancy and no refund will be made on account of such interruption or loss.

CONDITIONS OF USE AND OCCUPANCY

Mandatory Occupancy Disclosures: It is mandatory to disclose the exact number and names of guests who will be occupying the Rental Property during the rental term. In no event shall individuals other than the Guest and the occupants named on this Agreement occupy the Rental Property. Occupants other than those named on this Agreement are not permitted. If there are additional occupants, then Guest shall incur additional charges, and/or the occupancy of Guest and all other occupants shall immediately be terminated, at the option of RE/MAX Kauai.

Use of Rental Property:

Guest shall use the Rental Property for private residential purposes only. Guest shall not use the Rental Property for any commercial, improper, offensive, or illegal activity.

Use of the Rental Property other than for strictly family vacation purposes, including, but not limited to, parties, weddings, receptions, or other events or activities involving non-occupant guests, is strictly prohibited without the prior approval of RE/MAX Kauai. Guest shall not use or allow the use of the Rental Property in any way that interferes with other residents’ use and enjoyment of their real properties that are adjacent to or neighbor the Rental Property.

Guest agrees to (i) keep the Rental Property as clean and safe as the condition of the Property permits; (ii) cause no unsafe or unsanitary conditions in the Rental Property; and (iii) notify RE/MAX Kauai of the need, during Guest’s occupancy, of any replacement of or needed repairs to any smoke detector, electrical equipment or appliances, safety, and security devices and lighting fixtures. Fireworks of any nature whatsoever are strictly prohibited.

Guest acknowledges and grants specific permission to RE/MAX Kauai to enter the Rental Property at any reasonable time for inspection, maintenance, and security purposes of the Rental Property or in the event, RE/MAX Kauai reasonably believes that the Rental Property or any occupant of the Rental Property is in immediate danger of damage or injury. Guest further acknowledges that Owner and RE/MAX Kauai retain the right to enter the Rental Property for any legitimate reason, including showing a prospective buyer the rental, by giving Guest at least Twenty-Four 24) hours’notice of such showing.

Rules and Laws: The guest agrees to abide by all federal, state, and county laws and ordinances, as well as any House Rules of The Rental Property, which is located in the blue guest book placed within the Rental Property. All of the rules described in this section are a part of this Agreement and are incorporated herein by this reference.

SMOKING & PETS

The Rental Property and its surrounding lanais and land are non-smoking areas and smoking in such areas are prohibited. Any smoking is to be done 20 feet from any entrance of the property per Hawaii State Law. Detection of any smoking within the property is subject to a $500 fine for guests.

Pets are not allowed in or around the Rental Property or its surrounding lanais and land. Should the Guest require the use of a service animal, the Guest agrees to provide RE/MAX Kauai with proper documentation for said animal and to pay an additional cleaning charge, which shall be applied to the final balance.

Tropical Climate and Pests:

  • Guest acknowledges and agrees that occupancy and use of property fronting the ocean presents inherent and significant risks and dangers to the Guest and other occupants that may lead to serious bodily injury, permanent disability, paralysis, or death. These risks include, without limitation, injury or damage caused by high winds, high surf, flooding, and other natural phenomena; uneven and unimproved grounds; high, steep, and unprotected shoreline areas; and natural and artificial conditions on the land. Guest understands and acknowledges the scope, nature, and extent of the risks involved in the occupancy and use of property fronting the ocean and Guest, on Guest’s own behalf, and on behalf of all occupants of the Rental Property pursuant to this Agreement, expressly and voluntarily agrees to assume all risk of serious bodily injury, permanent disability, paralysis, death, property damage, and all other losses, costs and damages that the Guest, and the other occupants of the Rental Property pursuant to this Agreement, may sustain while on or in the Rental Property. The Guest further understands and acknowledges that there may be other potential risks either not known to Owner and/or RE/MAX Kauai or not readily foreseeable at this time, and the Guest’s assumption of risks as described above shall also include and cover all such risks.
  • Owner maintains the Rental Property with regular pest control service and requires that Guest maintain the standard of the clean interior during Guest’s stay as delivered to Guest when Guest commenced occupancy by refraining from leaving food items out when the Rental Property is not occupied and by disposing of food remnants and garbage not already in garbage dispensers.
  • Guest further acknowledges and agrees that the tropical climate in the State of Hawaii may increase the activity of insects and feral animals (hereinafter “pests”) and that no refunds shall be given for the presence of any pests in or near the Rental Property. Guest understands and agrees that Guest contact with a pest inside or outside of Rental Property is not a basis for the termination of this agreement. If such contact occurs, please contact RE/MAX Kauai to make a report as a trouble call and the appropriate service will be scheduled.
  • Guest acknowledges and agrees that during periods of rain, the foyer, lanai(s), and entry areas of the Rental Property can be slippery when wet. Assignment, Sub-let, or License: The guest shall not assign this Agreement, sub-let, or grant any license to use the Rental Property or any part thereof without the prior written consent of the Owner and/or RE/MAX Kauai. Any assignment, sub-letting, or license without the prior written consent of the Owner may, at the Owner’s option, result in the immediate termination of this Agreement.

PROPERTY LOSS OR DAMAGE:

  • Guest assumes full responsibility for the Rental Property and its contents and for the personal property of Guest and all other occupants of the Rental Property during Guest’s occupancy of the Rental Property from check-in to check-out. Guest agrees and acknowledges that Owner provides no insurance for any loss of or damage to the personal property of Guest or the other occupants using or on the Rental Property. Therefore, the Guest agrees: (i) to lock the doors and windows of the Rental Property when the Rental Property is not occupied; (ii) to not leave valuables unattended in or on the Rental Property; and (iii) to make appropriate arrangements for the safe keeping of valuables during Guest’s occupancy of the Rental Property.
  • Upon Guest’s departure from the Rental Property, Guest shall redeliver the Rental Property, amenities, furniture, appliances, and other appurtenances of the Rental Property, in as good a condition as delivered to Guest on the check-in date, as set forth on this Agreement. Reasonable wear and tear from use and obsolescence to the Rental Property shall be excepted provided the Guest complies with the check-out procedures set forth in Section 2 of this Agreement. Charges for clean-up required by unreasonable wear and tear shall be deducted from the Guest’s Security Deposit. Locked areas within the Rental Property for which the Guest is not provided a key, are not included as part of the Rental Property covered by this Rental Agreement and are off-limits to the Guest; Guest will be charged for any damage to and/or items missing from the locked areas.
  • Guest authorizes RE/MAX Kauai to repair damages or losses caused by Guest, Guest’s family members, and/or other invitees, at Guest’s expense. Guest accepts responsibility for the acts of Guest, Guest’s family members, and/or other invitees and/or any service animals. Guest agrees not to remove or rearrange inside or outside furniture. Guest understands and agrees that RE/MAX Kauai shall not be responsible for any valuables left in rental properties.

NON-LIABILITY OF OWNER/AGENT; INDEMNIFICATION

  • Owner and RE/MAX Kauai will not be liable to the Guest or any other occupants of the Rental Property for any damage or loss occasioned by any service provided by Owner and/or RE/MAX Kauai under this Agreement, or by electricity, plumbing, gas, water, air conditioning, pool, Jacuzzi/hot tub, sprinkler or other pipes and sewage systems, or the loss, interruption or stoppage thereof, or by the bursting, leaking, overflowing or running over of any tank, washstand, Jacuzzi/hot tub, pool, waste or other pipes in or on the Rental Property, nor for any damage occasioned by water coming into the Rental Property from any source whatsoever, or for any damage or injury arising from any acts or neglect of the other occupants of, or any other persons on, the Rental Property or on any adjacent property, or of the public, unless such damage or loss results from an intentional act or gross negligence of the Owner and/or RE/MAX Kauai.
  • All property of the Guest and of the other occupants of, or any other persons on, the Rental Property shall be kept or stored at the sole risk of the Guest only, and the Guest shall hold the Owner and RE/MAX Kauai harmless from any claims arising out of loss of or damage to the same. In no event shall the Owner and/or RE/MAX Kauai be liable to the Guest or the other occupants of the Rental Property for any loss, damage, or injury, or any claims or demands therefor, on account of any loss, damage or injury to any person or property, including any injury or loss to the Guest, whether caused by the negligence of the Owner or otherwise arising out of the use or occupancy of the Rental Property described in this Rental Agreement, unless such loss, damage or injury shall result from an intentional act or gross negligence of the Owner and/or RE/MAX Kauai. Guest shall indemnify and save the Owner harmless against and from any and all claims, damages, costs, and expenses, including reasonable attorney’s
  • fees, arising from the use and occupancy of the Rental Property by the Guest or others with the consent of the Guest unless such claim results from an intentional act or gross negligence of the Owner and/or RE/MAX Kauai.
  • Guest hereby agrees to indemnify and save Owner and RE/MAX Kauai harmless against and from any and all liabilities, claims, damages, costs, and expenses, including reasonable attorney’s fees, the amounts of any judgments and amounts paid in compromise settlements, and other related expenses, which may be incurred by or imposed on Owner and/or RE/MAX Kauai in connection with any claim made, instituted or threatened against Owner and/or RE/MAX Kauai by reason of, or in connection with, Guest’s use and occupancy of the Rental Property, or injury or damage to, of death of, any person or property or the Rental Property during Guest’s occupation of the same except such liabilities, claims, damages, costs and expenses for which Owner and/or RE/MAX Kauai are liable by reason of Owner’s and/or RE/MAX Kauai’s gross negligence or intentional conduct.

MISCELLANEOUS

  • Travel Agencies: any travel agency signing this agreement on behalf of Guests booking through such Travel Agency’s service hereby confirms its authority to sign this Agreement on behalf of such Guests and agrees to provide proof of the same to RE/MAX on demand.
  • No Waiver: The failure by RE/MAX Kauai or the Owner to insist upon the strict performance by the Guest of any of the terms and conditions of this Agreement shall not be deemed to be a waiver of any of the other terms and conditions of this Agreement and RE/MAX Kauai or Owner, notwithstanding any such failure, shall have the right thereafter to insist upon strict performance by Guest of any and all of the terms and conditions of this Agreement.
  • Paragraph Headings: The headings of Sections herein are inserted only for convenience and shall in no way define, describe or limit the scope or intent of any provisions of this Agreement.
  • Survival Clause: The rights and obligations under this Agreement which by their nature should survive, including, but not limited to, any and all payment obligations, indemnities, agreements, and representations, shall remain in effect after termination or expiration of this Agreement.
  • Severability: The provisions of this Agreement shall be deemed independent and severable, and the invalidity or unenforceability of any one provision shall not affect the validity or enforceability of any other provision.
  • Force Majeure: Performance of this Agreement is contingent upon the ability of each party to perform. If either party is unable to perform due to an act of God, labor disputes, acts of terrorism, government requisitions, or other causes beyond a party’s control, such party shall be excused from any further performance under this Agreement.

Entire Agreement: This Agreement contains the entire agreement between the parties hereto with respect to the transaction contemplated hereby and supersedes all previous negotiations, commitments, writings, and understandings. This Agreement may not be amended, modified, extended, or supplemented except by a written instrument executed by RE/MAX Kauai and Guest. Neither Owner nor RE/MAX Kauai has made any representation or warranty to Guest except as herein expressly set forth.

Governing Law; Arbitration: This Agreement, and the parties’ respective rights and obligations in connection herewith, will be governed and construed under the laws of the State of Hawaii, without application of its conflict of laws principles. Any controversy or claim arising out of or relating to this Agreement, its enforcement or interpretation, shall be resolved by binding arbitration in the State of Hawaii in the County of Kauai. Such arbitration shall be administered by Dispute Prevention and Resolution Inc., a Hawaii corporation (“DPR”), under the most current version of the Arbitration Rules, Procedures, and Protocols of DPR.

Counterparts; Facsimile/Electronic Signatures: The parties agree that this Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument, and in making proof hereof it shall not be necessary to produce or account for more than one such counterpart. The parties agree that executed facsimile/electronic copies of this Agreement, any addenda, and/or related documents shall be fully binding and effective for all purposes. Facsimile/electronic signatures on documents shall be treated the same as original signatures.

The above rental information, while deemed reliable, is not guaranteed. Changes in inventory and or decor occur from time to time and such changes will not void or alter the terms of the rental and is not a valid reason for cancellation.