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Mahalo for your business and we hope you enjoy your stay in our property!
Deposit, Payment and Cancellation.
The following terms supersede any conflicting payment terms that may appear on VRBO, HomeAway, Expedia, or Booking.com. Airbnb or TripAdvisor will have different terms and conditions as all payments and cancelation policies are controlled by those entities.
1. Full payment is due 60 days prior to arrival and will be automatically charged to your credit card on file.
2. Cancellations must be in writing, emailed to reservations@vacation-maui.net or requested through the booking site messaging. Requests via phone or text will not be accepted.
3. Bookings cancelled at least 60 days before the start of stay will receive a 100% refund, less a 5% charge on any monies already collected for credit card processing fees.
4. Bookings cancelled at least 30 days before the start of stay will receive a 50% refund.
5. If the reservation is cancelled within 30 days of arrival, there shall be no refund.
6. You will be charged for any Hawaii General Excise Tax (“GET”), and/or Transit Accommodations Tax (“TAT”) that is due. Tax rates are set by the State of Hawaii and are subject to change without notice.
7. Cleaning fees may increase slightly over time and are subject to change without notice.
Accepted payment methods are Visa, Mastercard, or American Express. Payments by check are not accepted.
Note: Manager will make every effort to reserve the Unit that Guest has selected; however, in the event that the unit is uninhabitable due to flood, fire, etc., Manager reserves the right to move Guest to a similar unit should Guest’s selected Unit become unavailable due to circumstances beyond Manager’s control.
House Rules
This reservation is for quiet residential vacation accommodations only and the house rules at each property must be adhered to. Therefore, parties, receptions, luaus, events, and gatherings of any kind are strictly prohibited. There shall be no additional occupants beyond the maximum occupancy allowed by the condominium project and/or the Association governing such project. Violation of occupancy limits will be cause for immediate removal and forfeiture of your rental payment.
Check In/Out Time
Check-in time is 4:00 p.m. or later.
Check-out time is no later than 10:00 a.m. on the day of departure.
Due to cleaning and maintenance scheduling, early check-ins and/or late checkouts cannot be accommodated. Please plan accordingly. If you have a late flight, we suggest booking another night to get the most out of your time on the island.
All units are equipped with smart locks. The door code will not work until the check-in time and will stop working precisely at the check-out time.
Keys/Lockout Policy
Your check-in instructions with include a keyless entry code prior to your arrival. It is your responsibility to bring this information with you. Some properties include a key for pool access or laundry room access. There will be a $50 charge for any lost keys.
Amenity Starter Pack
Each Unit is equipped with a starter pack of toilet paper, paper towels, soap, dish soap, laundry soap, and trash bags. Guests are responsible for purchasing additional supplies if needed.
Lost and Found Items
Manager and Owner are not responsible for lost items. Upon your departure, please thoroughly inspect the Unit for any potential items left behind, including electronics, chargers, and clothing. Recovery of forgotten items will be billed for at $40/hr. plus shipping costs for said items.
Damage/Loss/Disturbance Policy
The Unit is individually owned and decorated. Please do not remove any furnishings, equipment, or items from the unit, including any linen, dishes, or other items from the unit. Guest will be solely liable for any additional costs, charges or expenses resulting from any damage, lost or stolen items or excessive check-out cleaning. Neither Manager nor the Owner of the Unit will be responsible for any lost, stolen, or damaged property belonging to you or to Owner. Manager will use its best efforts to ensure that all equipment within the unit is in good working order, although neither Manager nor Owner guarantees that any equipment will not break down during your stay, and therefore such a breakdown does not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustments will be made for any such mechanical failure. In the event of a breakdown, Manager will use its best efforts to remedy the situation as soon as possible after notification of the breakdown. Guest understands that there is no guarantee that properties adjacent to the Unit will be free from disturbances, including but not limited to noise or inconvenience from construction, traffic or other guests or neighbors, and any such disturbance shall not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustment. Guest also understands that Hawaii is in a tropical climate, and that insects, rodents and lizards flourish in this environment. Although Manager will use its best efforts to hold to a minimum your interaction with these pests during your stay, Guest understands that any contact by Guest with such a pest within or outside the unit does not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustment. Any issue that Guest has with the Unit should be immediately reported to Manager via email or the guest app. Guest understands that Manager and Owner shall have a reasonable amount of time to restore the Unit to acceptable conditions, and that any issues presented to Manager by Guest that do not prevent reasonable and habitable occupancy of the Unit shall not constitute a breach of this Agreement or give the Guest any right to any refund or rental adjustment.
As a condition to the rental of all vacation properties, Manager reserves the right to charge the guest's credit card for any and all uncovered guest/invitee caused losses and damages sustained to the vacation property throughout the duration of their period of occupancy. In the event of any uncovered guest/invitee-caused loss or damage to the vacation property, including, but not limited to, undue cleaning, eviction, service calls, service charges, fines/assessments, repairs or replacements, plus all applicable taxes, Vacation-Maui is hereby granted the right to charge the guest's credit card. By written or electronic endorsement of this agreement, the guest hereby agrees to pay for all such charges, as defined above and on the proceeding pages.
Guest’s Responsibilities
Guest shall not:
1. Smoke in any unit or any lanai at any time. This includes, vaping, e-cigarettes, etc.
2. Make any alterations to the Unit or damage the Unit or its contents.
3. Bring any hazardous substance into the Unit.
4. Violate any laws or condominium rules applicable to use of the Unit.
5. Disturb any other occupants of properties in the vicinity of the Unit.
6. Bring any pets into the Unit without Manager’s written consent.
7. Use the Unit for any commercial purpose.
8. Sublease or assign any rights under this Agreement without Manager’s written consent.
I. Liability. Neither Manager nor Owner shall be liable for any accidents or Personal injury by
Guests while they are in the condo or on the resort property, or while they are using items from the condo at the beach. Guest shall defend, indemnify, and hold Manager and Owner harmless from any property damage or personal injury resulting from negligent or willful conduct by Guest or by any person occupying the Unit at Guest’s invitation.
Credit Card on File
Guest’s credit card must be on file and will be charged to cover cleaning and related expenses over and above those covered by the Security Deposit. Such related expenses may include, without limitation, charges for damages to the Unit or its contents and/or missing personal property belonging to Owner.
Security Deposit
If this reservation requires a refundable security deposit, it will be refunded to you within 14 days of departure assuming there is no damage to the Unit, its contents, or missing items.
No Smoking
The Hawaii State Law 295, enacted on November 16, 2006, and updated in 2015, prohibits smoking in all enclosed or partially enclosed areas open to the public. This includes the smoking of cigarettes, electronic cigarettes, cigars, medical marijuana, and all illegal substances. All Units are subject to this law. Manager will keep your credit card information on file. If a smoking violation occurs, a fine of $500.00 will be charged to your credit card on file.
Management Right to Enter
Manager reserves the right to enter the unit with 24 hours’ notice to Guest for any reason Manager deems necessary to service or inspect the Unit on the Owner's behalf. Contacting the Manager to remedy any issue inside of the unit constitutes immediate authorization to enter the unit to remedy said issue.
Remedies for Hold-Over/Breach
Guest shall vacate the Unit at the end of its rental period. In the event that Guest continues to occupy the Unit beyond the time authorized by Manager, Guest shall be considered as a hold-over tenant and shall be liable for rent at twice the rental amount, pro-rated hourly. Should Guest so exceed the rental period, or otherwise breach this Agreement, Manager and Owner shall be entitled to immediate possession of the Unit and shall be entitled to evict Guest by any lawful means including by proceedings in a court of competent jurisdiction.
Miscellaneous
1. This Agreement shall be governed by the laws of the State of Hawaii.
2. Any dispute regarding performance or interpretation of this Agreement shall be resolved by arbitration in accordance with Hawaii law before a single arbitrator under the arbitration rules of Dispute Prevention Resolution, Inc. with the arbitration proceeding to be situated on the island of Maui; provided, however, that the arbitrator shall limit the proceedings in its discretion according to the economic nature of the dispute. Notwithstanding this arbitration provision, Owner or Manager may maintain an action in a court of competent jurisdiction in Hawaii with respect to any eviction or collection matter relating to this Agreement and for any injunctive relief sought by Owner or Manager.
3. The prevailing party in any dispute shall be entitled, in addition to damages, to reasonable attorneys’ fees and costs.
4. If any portion of this Agreement shall be deemed invalid, void, or unenforceable, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other portion hereof.
5. Any and all claims by Guest against either/or Manager or Owner for costs, expenses, or
damages of any nature shall be limited to the rental amount of Guest’s stay, and Guest shall
not be entitled to any consequential damages of any sort.
6. This Agreement shall not be amended or modified except by written agreement signed by
Guest and Manager.
7. This Agreement constitutes the entire agreement and understanding between Guest and Manager, and supersedes and integrates all prior agreements, discussions, and understandings between Guest and Manager.
8. COVID 19 Waiver of Liability – The COVID-19 virus has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to be spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many7 locations, prohibited the congregation of groups of people.
Vacation-Maui has put in place preventive measures to reduce the spread of COVID-19. However, we cannot guarantee that you or your family will not become infected with COVID-19.
By signing this agreement, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you and your family may be exposed or infected by COVID-19 while traveling or visiting Maui. Such exposure may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of others.
I voluntarily agree to assume all the foregoing risk and accept sole responsibility for any exposure to myself or my family. I hereby release, covenant not to sue, discharge and hold harmless Vacation-Maui and its representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions or negligence of Vacation-Maui and its representatives, whether a COVID-19 infection occurs before, during or after occupying accommodations booked and managed by Vacation-Maui.
Extenuating Circumstances / Quarantine Orders
Should the governing bodies of the State of Hawaii or County of Maui place a new Quarantine Order that would further restrict travel to the island prior to guest arrival, Vacation-Maui agrees to allow the rebooking of the stay to a later date within an 18-month period. Daily rates are subject to change based on the period selected.
Lost Items or Left Items
Management assumes no responsibility for lost, stolen or abandoned items. Reasonable effort will be made to contact the Guest for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at Guest’s request. Management shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.
Mail Services / Shipping Services
Do not ship anything directly to the unit address. We highly recommend you do not ship things to yourself while in the unit. Shipping times vary greatly and there is a high chance that you will not recieve your items on time. If you must ship something, please contact us to get a proper address for shipping. We are not responsible for any items shipped directly to the unit.
Maximum Occupancy, Parties, Illegal Substances
No guests in excess of the maximum occupancy specified in the rental agreement shall occupy the property. Breach of this will result in immediate termination of the rental agreement with a forfeiture of the entire rental amounts and or security deposit. All of our rentals are in residential areas and may NOT be used for weddings, receptions, parties, or large gatherings. Any disruptive events could result in the eviction and forfeiture of entire rental amount and security deposit. No illegal substances are allowed in the rental, and minors should not be in possession of alcohol. Violations will result in eviction from the property and no refunds will be issued.
TV / Cable / Internet Service
No refund shall be given for number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only, and are not integral to this agreement. No refund shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.
Air Conditioning / Heating
Guests agree that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78, and that the fan setting shall be “Auto”. Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of, or malfunctioning HVAC units.
Systems(s) Failures
In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, neither the property owner nor the Management shall be liable to Guest for damages, and no refunds will be given for such failures. However, Management will make an effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs.
Unforeseen Occurrences
Management will not assume liability for any loss, damage or inconvenience caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of God, or other reasons beyond its control. There shall be no refunds available as such instances are beyond the control of Management. It is highly recommend that Guest purchase travel insurance.waiver that cost 10% of the gross rental fee, and allows you to cancel within 48 hours prior to the check-in date. You may cancel for any reason up to 48 hours before check-in if you purchase this optional waiver at the time of booking. This can only be purchased at the time of the reservation. If you purchase this cancelation waiver you must call us and email us 48 hours before the check in date with your notice of cancelation. If you do cancel before the 48 hours and you purchased this wavier we will issue a refund check or credit the original credit card the cost of the reservation (minus the cost fo the wavier) within 5 to 7 business days. If this waiver was purchased it will show on the reservation breakdown below.
Consent to SMS Communication
In accordance with the U.S. Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA). The TCPA regulates telemarketing and SMS marketing and protects consumers from unwanted communications. Guest consents to receiving SMS communication from Vacation Maui regarding their reservation. Vacation Maui does not use SMS messages for marketing, nor will we share or sell your information. |
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Vacation-Maui.net
1215 S Kihei Rd
Kihei HI 96753
(808) 376-1010
reservations@vacation-maui.net |
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