Our condo, Honua Kai Resort & Spa, Unit # Konea 106 is a super clean, 945 square foot (plus 325 sq ft Lanai/Garden) GROUND FLOOR hotel condominium. Just recently built in 2008, Honua Kai condo's and the resort offers many wonderful modern amenities.
Located in the heart of Honua Kai Resort on the GROUND floor - our super cute and cozy two (2) bedroom, one (1) bathroom luxury condo, includes everything you could possibly want for a time away from home. Smack dab in the middle of Honua Kai, it offers less neighborly foot traffic than inner courtyard units, is on the highly desired sunny south side, and has the extra convenience of just walking out of the lanai and being just a quick minute away from the resorts many pools and the amazing Dukes Restaurant. (please see our room layout photo for the location of our condo).
Our condo, Honua Kai Unit # Konea 106 is a brand new super clean, 945 square foot (plus 325 sq ft Lanai/Garden) GROUND FLOOR hotel condominium. Just recently built in 2008, Honua Kai condo's and the resort offers many wonderful modern amenities. And just when you could not ask for more, many extra personal touches from a proud owner are visible in the condo such as an upgraded 8-setting shower head, iHome alarm clocks, upgraded tv in living, keyed lanai, vitamix, bathroom dryer rack, bathroom stools, and many other owner supplied goodies for your use such as beach chairs, a beach umbrella, an ice chest, boogie boards, beach towels, a pack n play, bed bumpers, strap on booster seat, etc.
The family friendly Ground Floor units include many bonuses not offered on any of the floors above. Extra tall 11' ceilings, oversized lanai's, and very quick and easy access in and out (from the Lanai or condo door) ... no elevators needed. The lanai opens up to lush lawns & walkways with views of the resort and West Maui mountains.
With a king Bed with luxurious linens in the master and second bedroom and a Queen sofa sleeper in living the condo is a perfectly comfortable fit for up to 6 adults. The two bedrooms, and living each have their own HD flat screen TV's and cable. In addition, the living room features a wall mounted 65" 4k smart TV and a Blu-Ray DVD player. Wireless AC Fast Internet is also included free of charge.
This condo is sure to book fast, so don't delay!!
UNIT FEATURES - ** means - custom for my units only (added by owner.)
** NEW - Living Area has a wall mounted 65" 4k Smart TV.
** Vitamix Professional Series 750 blender for making great drinks / smoothies.
** Free - Latest technology in-room router wireless AC internet for the fast internet and best signal strength. Also includes wireless internet throughout the resort.
** After purchase Keyed Lanai door which creates a true second lockable entrance / exit from the Lanai.
** Units tile and lanai has been etched for extra safety (slip-resistance). Not available in most other units.
** stool under the cabinet in the bathroom.
** iHome alarm clocks
** clothes dryer rack wall mounted above tub
** Free use of owners things - beach chairs, boogie boards, beach umbrella, cooler, etc.
** Designer tiled floors, with a NEW beautiful wood tile in the living and bedrooms.
* New kitchen with Bosch stainless steel appliances and granite counter tops.
* Accommodations for up to 6 people. Ideal for families!
* Cable TV, and telephone (with free long distance to US and Canada)
* Flat Screen TV/DVD in Living Room, Bedroom & Den (second bedroom)
• Tropical Ocean Front Setting
• Ocean front swimming pool & Jacuzzi
• Poolside Gas/Electric BBQ's
• Deli / Coffee Restaurant on Site
• Restaurant: Dukes Beach House
• Smoking Prohibited on Property
Close to Dining, Shopping, Golf in Kaanapali!
Αλληλεπίδραση με τους επισκέπτες
On island contact (Monty) performs meet and greet service with guest and personally provides keys. After initial meet and greet service, Monty and Owner are available when needed.
Άλλα στοιχεία προς σημείωση
Rates are subject to change until reservation is confirmed. Resort Fees subject to change prior to your stay and are not included in our pricing. Current Resort Fees: $15/day parking paid to Owner.
Hawaii GET & TA Tax ID: GE-103-459-6352-01 & TA-103-459-6352-01
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By booking this unit, Konea 106, you agree to the terms and house rules of the rental listed below. Upon placing your booking with AirBNB you will receive an electronic copy of this agreement from Owner requesting your signature which you agree to sign. Failure to sign the electronic copy shall not invalidate your acceptance of these terms made upon booking through AirBNB, however at Owners option, Owner may cancel the booking if the electronic agreement is not signed within 72 hours after placing your reservation.
----- TERMS BELOW --
RULES OF THE RENTAL AND AGREEMENT
This RENTAL AGREEMENT is made as of the Effective Date as defined below, between Brandon Mullenberg (hereinafter called "Owner") and the renter(s) whose name(s) appear on the reservation or whom accepted the Rental Agreement (hereinafter called “Principal Guest”) for rental of the specific unit as it appears on your reservation (hereinafter, “Condo”) at Honua Kai Resort & Spa (“Resort”). Condo and Resort collectively may be referred to as the “Property”. The Property is governed by the Honua Kai Condo Association (“HKCA”). Owner and Principal Guest may collectively be referred to as the “Parties” or individually as a “Party”.
This Rental Agreement is effective as of the Effective Date, which is the later of the date this Rental Agreement is accepted by Owner and Principal Guest or the date the reservation deposit is received. Until the Effective Date, the offer to rent is not guaranteed and Owner will continue to respond inquiries, can raise price or lower prices, and may offer the vacation rental to other parties for the same dates that you have requested. To guarantee your reservation it is important that you accept the terms of this Rental Agreement and pay your reservation deposit as soon as possible.
GENERAL TERMS AND CONDITIONS OF RENTAL
By entering into this Rental Agreement Principal Guest on its own behalf and on behalf of all of its guests, invitees, co-occupants, agents and others under its control (herein known as "Invitees") agrees to the rental of the Subject Property on the terms and conditions herein (above and below) for use as a private vacation residence. The term "Subject Property" includes the interior of the Condo and its limited common elements, including its lanai, and garden area. Locked areas for which Principal Guest is not provided with a key, such as Owner's personal storage closet, are not included within the property covered by this Rental Agreement.
CHECK-IN TIME IS AFTER 4:00PM HST AND CHECKOUT IS 10:00AM HST
Please assume no early check-in or late checkout due to turn around time. We do try to accommodate guest requests when possible but it is not guaranteed. No refund is provided for early departures or late arrivals.
UNIT BED CONFIGURATIONS:
Bed sizes and configurations are subject to change if furniture is replaced. The unit bed configuration is dependent on the Condo rented. Each unit and its associated configuration is listed below:
Konea 102: There are three (3) bedrooms in the Condo, the two (2) master suites have a hotel king (72x80), and the guest bedroom has a split hotel king with a joiner. It can be configured as a hotel King (72x80) or two (2) twin XL beds (36x80). The living room has a pull-out queen sofa bed (60x72). Two pack-n-plays are also available to use free of charge.
Konea 103 and 104: There are two (2) bedrooms in the Condo, the master has a hotel king (72x80), and the second bedroom has a split hotel king with a joiner. It can be configured as a hotel King (72x80) or two (2) twin XL beds (36x80). The living room has a pull-out queen plus size sofa bed (66x80). One pack n play is also available to use free of charge.
Konea 106: There are two (2) bedrooms in the Condo, the master has a hotel king (72x80), and the second bedroom has a king (76x80). The living room has a pull-out queen plus size sofa bed (66x80). One pack n play is also available to use free of charge.
Konea 112: There are two (2) bedrooms in the Condo, the master has a hotel king (72x80), and the second bedroom has a Queen bed (60x80). The living room has a pull-out queen plus size sofa bed (66x80). One pack n play is also available to use free of charge.
Hokulani 142: There are two (2) bedrooms in the Condo, the master has a hotel king bed (72x80), and the second bedroom has a full over full bunk bed (54x75). The living room has a pull-out queen plus size sofa bed (66x80). One pack n play is also available to use free of charge.
MODIFICATION OF CONDO (applies to 2 bed / 1 bath units only)
The 2 bed / 1 bath units were originally a 1 bed + 1 den / 1 bath and have been converted to a 2 bed by adding a door to the den and replacing the pull-out sofa in the den with a bed. In unit Konea 112 and Hokulani 142 the den converted to bedroom does not have a window and only has one means of emergency egress via the interior door to the room.
USE OF THE COMMON ELEMENTS
The common elements including but not limited to the pools, gym, landscaping, hallways, pathways, lobby, etc. shall be available for your non-exclusive use as a guest of the Owner, however Owner makes no guarantees as to their condition, functionality or availability and you agree to hold Owner harmless and refunds will not be given in the event that their condition, functionality or availability is impaired.
RESERVATION DEPOSIT AND TOTAL RENTAL AMOUNT
A reservation deposit must be received at the time the reservation is booked (“Reservation Deposit”). Payment may be in full at the time of the booking or in several periodic payments. This is stated during the booking process. The total amount due under a reservation that is paid to Owner shall hereinafter be referred to as “Total Rent”. Any third-party fees such as booking fees, service fees, or fees for optional insurance plans are not part of the Total Rent, and may not be refundable.
DELINQUENT PAYMENTS, NSF, CHARGEBACKS:
Principal Guest agrees to pay to Owner a fee that is the greater of the fees imposed on Owner by any third-party or $30.00 on any reversed or returned payment, or chargeback. In addition, any delinquent amount due under this Rental Agreement shall be subject to a late charge of 1% per month, or the maximum amount permitted by law, whichever is less.
PARKING & RESORT FEESCurrently there is a $15 fee + GET tax (4.16%) for parking per car per night. This fee unless specifically specified in your quote is not included in the Total Rent and must be paid separately.
There is currently no resort charged fees. However, resort charged fees are subject to change prior to the date of your stay. These fees if put in place in the future may be directly collected from Principal Guest by HKCA or passed through by the Owner resulting in additional invoice being added to your reservation. Principal Guest agrees to pay these fees. Principal Guest understands and acknowledges that Owner does not determine the resort charged fees that will be in place at the time of their stay, rather it is determined by HKCA. These charges, if any, are not included in your rate and must be paid separately.
TAX ADJUSTMENTThe Total Rent is based on the state and local taxes in place at the time of the reservation. Taxes are paid to the state of HI based on the rate in force at the time the reservation payment(s) are collected. The tax rate is subject to change. Should taxes increase or decrease, Owner shall pass along any increase or decrease to Principal Guest as an additional amount owed or a credit.
Konea 102 (only): Condo is for up to (8) eight guests including all adults and children / infants of all ages. Additional guests will be charged at a rate of $35 + tax per night. Under no circumstances however shall more than (10) ten guests be allowed to stay over-night in the Condo.
Konea (PHONE NUMBER HIDDEN) and Hokulani 142: Condo is for up to (6) six guests including all adults and children / infants of all ages. Additional guests will be charged at a rate of $25 + tax per night. Under no circumstances however shall more than (8) eight guests be allowed to stay over-night in the Condo.
If Principal Guest discloses prior to the acceptance of their reservation in writing that more than the maximum guests will stay in the Condo, and Owner accepts the reservation with that clear and undisputable knowledge then no additional charges will be billed to Principal Guest. The number of Adults and children / infants must be disclosed prior to your stay to be added the HKCA guest roster. Sneaking or smuggling in of additional undocumented guests is a breach of this Agreement that will result in this Agreement being terminated by Owner pursuant to the Falsified Reservation clause below.
CHANGE / CANCELLATION POLICY
Any cancellation by the Principal Guest will be subject to the AirBNB cancelation policy that is in place for your reservation. Changes to reservation dates made after booking are subject to availability and may incur additional charges. Owner reserves the right to deny any requested change. Refunds and cancellations are processed through AirBNB. Owner does not receive Payment by AirBNB until after your check-in date. Please make sure you pay on time. If payment is past due and unpaid your reservation is subject to immediate Owner or AirBNB cancellation.
If Principal Guest books this Condo using an instant booking feature, Owner reserves the right, for any reason, to cancel the reservation and refund 100% of the Total Rent paid at any time within the first 24 hours after entering into this Rental Agreement.
Please note that we are very small operation with only a few vacation homes and cannot easily write off lost income from cancellations, as do large hotels. If you are concerned about the possibility of a weather or travel related event, illness, death, family emergencies, or other health issues, etc. that could prevent or affect your travel, or result in a late arrival or early departure, etc. we strongly suggest that you take responsibility for this risk and obtain trip cancellation / interruption insurance.
WEATHER AND TRAVEL RELATED EVENTS
Unless a mandatory evacuation is in effect, we do not refund for weather or travel related events that may occur during which the condo remains available for your occupancy. No refunds will be given for storms, hurricanes, bad weather, flight delays, canceled flights, or road conditions, etc. If concerned about these possibilities, we recommend Principal Guest obtain trip cancellation / interruption insurance. If a mandatory evacuation is issued, Principal Guest shall be entitled to a refund of pro rata portion of the un-used nightly rental rate payable hereunder during the nights in which the mandatory evacuation is in affect and in which the unit is unoccupied by Principal Guest.
VOIP 911 DISCLOSURE / EMERGENCY SERVICES
Principal Guest acknowledges and understands that this Condo may be equipped with a VOIP telephone service that relies on a broadband connection for service. In the event of a loss of electricity, internet connectivity, or for any reason whatsoever, Principal Guest(s) ability to call 911 will not work or may become intermittent. If Principal Guest reaches 911 you may have to provide the address of the Condo to the operator. A power failure or disruption may require the equipment to be re-set or reconfigured prior to using the service. Principal Guest represents and warrants to Owner that they have considered these things and Principal Guest and its Invitees have additional means by which they can access emergency services if necessary.
Included in the Total Rent are the following services
TELEPHONE, INTERNET ACCESS AND CABLE TELEVISION
The telephone in the Condo has local and long distance telephone service to US, and Canada at no charge. Calls outside of the US and Canada are blocked, you will need to use your cell phone or an Internet telephone service such as (SENSITIVE CONTENTS HIDDEN) to make these calls. Unlimited use of local service is included in the Total Rent. The Condo has Wi-Fi Connections for Internet, which guests may use during occupancy. During the period of occupancy, the Owner is not responsible for poor quality television service or any interruption or loss of telephone service, poor quality Internet access, data loss or distortion or any interruption or loss of Internet access. There will be no refund or reduction in the Total Rent for direct or indirect damages due to interruption, loss or quality of service mentioned herein.
Including, without limitation, electricity, plumbing, gas, water, air conditioning, sewage system.
Unless specifically included in this Rental Agreement as included services, Principal Guest acknowledges that all other services are excluded. Specifically; dry cleaning and/or laundry service, food and beverages (both alcoholic and non-alcoholic) are not included as part of the Total Rent. In addition, all Resort recreational and amenity charges incurred by Principal Guest and its Invitees; i.e. restaurants, rental cars, spa charges, parking, etc. are excluded and the payment for such services and amenities is the responsibility of the Principal Guest. As of the time of this booking, also excluded is the following:
NO DAILY MAID SERVICE
Cleaning is pre-scheduled prior to your arrival and at post-check out only. While an initial supply of linens and bath towels are included in the Condo rental, daily maid service is not included in the Total Rent. Any other housekeeping services during your stay must be arranged through Owner or Owners Agent at Principal Guest expense.
NO POOLSIDE TOWEL SERVICE
Resort poolside towel service is not currently available for Principal Guest use. Owner currently supplies towels for use at the pools and the Condo comes equipped with a washer and dryer for cleaning. Starting in 2018 (exact date unknown), HKCA has approved the use of a towel tracker distribution system that will allow all guests access to clean pool towels, and a drop off for used dirty towels. The towels will be tracked to your reservation via an RFID chip. Lost or un-returned towels shall be subject to a non-return fee as set by HKCA. Principal Guest agrees to pay any non-returned towel fees assessed.
EXTRA SERVICES (provided by Honua Kai’s Concierge and not by Owner)
At the option and additional expense of the Principal Guest, the following are extra services provided by Honua Kai's Concierge Service (phone: (PHONE NUMBER HIDDEN)) and not by the Owner. Principal Guest authorizes Honua Kai Resort to bill all charges for these items directly to the Principal Guest's credit card. Further information is available by Honua Kai's Concierge upon request.
Pre-arrival grocery shopping (please provide shopping list)
Child care needs - rental (please indicate crib, stroller, high chair, toddler bed, etc.)
* Please note: A Pack-n-Play and booster seat with table is available in the room for your use at no charge. *
Dry cleaning: pick-up and delivery to Property.
Business Services, copying and mailing services
Principal Guest shall comply, and will cause all of its Invitees to comply, with the Honua Kai Condo Association rules and regulations (aka. House Rules). If interested in obtaining a copy of these rules and regulations please inquire for a link before placing your reservation. Failure to abide by these rules could lead to eviction. If penalties, fines, or other actions are taken for a violation of these rules, Principal Guest shall be responsible for the payment of any penalty or fine assessed on the Owner and no refunds shall be given for evictions, etc. This reservation is for quiet residential vacation accommodations only. Therefore, parties, receptions, luaus, events, and gatherings of any kind are strictly prohibited. These rules include quiet hours, pool hours, wet towel and wet bathing suit rules (neither may be hung outside on outdoor furniture) and similar regulations. All rules described in this Section are a part of this Rental Agreement and incorporated by reference. The house rules may be updated from time to time. Guest is responsible for abiding by the current house rules at the time of their stay.
We do not permit room towels or linens to be taken from the Condo. There are 6 beach towels in the Condo that we allow tenant to take to the beaches. If these towels are lost there is a replacement charge of $20 per towel.
RESTRICTIONS ON USE AND OCCUPANCY
The Property shall be used solely for personal vacation purposes. The Property shall not be used in any manner for commercial or other purposes, including, without limitation, conducting parties, weddings or receptions, unless such activities have been specifically approved in writing by the Owner and the Resort.
Principal Guest is required to report any deficiency or damage in the Condo immediately after checking in (within 24 hours). Principal Guest may be held responsible for not reporting any issues in a timely manner. Principal Guest may be held responsible for neglecting to operate appliances in the proper manner and use for which they are intended. Principal Guest shall inspect and be familiar with proper use and application of all items of personal property in the Condo prior to using them. Owner will do everything possible to keep all equipment in satisfactory working condition; however, it is impossible to guarantee that all equipment will be in working order 100% of the time. Any deficiencies will be corrected as soon as humanly possible. Refunds or discounts will not be provided for any maintenance issues that occur in the Condo.
PROPERTY DAMAGE, THEFT
The Condo is individually owned and decorated. Please do not remove linens, dishes or other items from the Condo. Guests are liable for additional charges resulting from any damage, lost items or excessive check out cleaning. Principle Guest is responsible for ensuring that the Condo is left upon departure in the same (or better) condition and repair as it was on the Check in Date. Principle Guest agrees to be responsible for all damages and theft to the Property caused in any part by the Principle Guest and/or Principal Guest's Invitees. Principal Guest agrees to be responsible for the repair or replacement cost (at Owner's option) of all damage done to the Subject Property during the occupancy of the Subject Property, including and without limitations; walls, carpet, doors, windows, floor and window coverings, furniture, cabinets, plumbing, furnishings, appliances, equipment, decorations, personal property and fixtures, lanai finishes and furnishings, etc. Ordinary wear and tear of the Subject Property, which does not include staining, chipping, scratching and marking up the walls or floors, is excluded. Principal Guest hereby specifically acknowledges and agrees that Owner, and its agents each have the right to take legal action against Principal Guest, and/or Principal Guest's Invitees for all damages to the Property, or for any portion of unpaid resort fees, resort services, parking or unpaid Total Rent.
Owner require a refundable damage deposit (“Damage Deposit”). If the damage amount exceeds the Damage Deposit, or the damage is not covered by a payment from AirBNB; Principal Guest agrees to promptly remit payment to Owner.
NO SMOKING; NO UNAUTHORIZED ANIMALS; NO PETS
The Property, is designated as a non-smoking area and smoking is prohibited at all times. Pets, other than those assisting disabled persons or needed for legitimate medical purposes, are not allowed. Regardless of the purpose, all animals must be pre-approved by Owner in writing prior to booking. Principal Guest agrees to these policies. Principal Guest further agrees that if a violation occurs during their stay to immediately cease the violation and to be charged $500 plus tax for additional cleaning, etc. Any damages resulting from the violation are not included in this amount and shall be billed separately. If a security deposit has been provided, Owner may take from the security deposit this amount. If upon arrival, Principal Guest or its Invitees' have an animal that has not been pre-approved, you will not be allowed to check-in until an alternate home is found for the animal for the duration of your stay. Proof of alternate accommodation for the animal shall be required prior to check-in. No refunds will be provided if you are evicted or not allowed to check-in timely due to a violation related to this paragraph.
ENTRY OF PREMISES
During business hours, Owner its agents may enter the Condo with or without permission to investigate disturbances, check occupancy, check or restock supplies, check damages, make repairs, alterations, improvements, and otherwise enforce the terms of this Rental Agreement. In emergency cases, Owner or its agents may enter at any time without permission of the Principal Guest.
Principal Guest assumes full responsibility for Principal Guests' and its Invitees' personal properties and vehicles during occupancy and acknowledges and agrees that Owner and its agents are not responsible for such personal properties and vehicles and do not provide insurance for any loss of or damage to Principal Guest's or its Invitees' personal properties or vehicles. Principal Guest is responsible to lock the doors and windows of the Subject Property when not present and/or actively monitoring the Condo. Owner, and its agents assume no responsibility for any damage or loss of any Guest's or its Invitees' personal properties left in the Condo during or after occupancy. Valuables should not be left unattended at any time. Principal Guest and its Invitees must make arrangements for the safekeeping of valuables during occupancy of Condo. Owner has no responsibility for providing any security services with regards to the use and occupancy of the Condo, Resort, or any adjacent property and Principal Guest, on behalf of itself and its Invitees assumes all risks in that regard.
Principal Guest acknowledges that construction activities and/or outside ground maintenance such as pool maintenance and cleaning, lawn cutting, raking, pruning may be in progress and may occur during occupancy, and acknowledges and agrees that Owner and its agents shall not be responsible for any construction noise or any related inconvenience that may occur during occupancy. No refund or reduction in the Total Rent will be made in connection with any such matters.
KNOWN CONSTRUCTION ACTIVITIES DISCLAIMER
On (PHONE NUMBER HIDDEN) the Family pool and Konea pools were shut down for repair work. Both pools went down at the same time leaving only the main pool in front of Hokulani open for use. Per HKCA, the Family pool is considered less work and is scheduled to be completed in 5 weeks at which point it will be reopened for full use, the Konea pools will take approximately 3 weeks longer with an expected completion no later than Nov 18. HKCA will do everything possible to minimize the disruptions and noise to a minimum.
Per HKCA on (PHONE NUMBER HIDDEN). Luana Development Partners LP (LDPLP) has acquired the rights to develop the remaining 72 townhome units known as the Luana enclave. Subject to County approvals, construction is anticipated to commence in early 2018, perhaps as early as January. This transaction was only recently finalized. The developer will be providing additional information in the coming weeks. At this time, Owner is unsure if and how this will impact the Condo and the exact dates / timelines of each of the 72 townhomes planned. This work will be occurring on the empty grass field lot on the east (non-ocean) side of Konea / Hokulani.
Owner has provided these notices as a courtesy to make Principal Guest aware. No guarantees have been provided. Dates may change, and delays could occur. Owner shall not be obligated to alter its cancellation policy, or provide any refunds as this has been fully disclosed to Principal Guest to the full extent known by Owner and you are booking with this understanding.
ILLEGALLY PARKED VEHICLES
Illegally parked vehicles may be towed; applicable fines/towing fees are the sole responsibility of the vehicle owner or renter.
POOL / SPA / TIKI TORCHES / LANAI / BUNK BED
Principal Guest, on behalf of itself and its Invitees, acknowledges that in and around the pond, lanai, bunk bed (if applicable), pool, and spa areas requires special care be taken to avoid injury. In particular, children and elderly persons should be accompanied at all times when using the pools and/or spas or near the koi ponds. The Condos’ interior tile and lanai may have been treated with non-slip treatment, however tile is not slip proof and precautions should still be taken when wet or when returning from a wet surface. If the unit has a bunk bed, to prevent serious or fatal injuries from entrapment or falls never allow a child under 6 years on the upper bunk. The bunk bed manufacture states the bed can support up to 2 people, each weighing 250 lbs. Tiki torches, if any, must not be lit by Principal Guest or its Invitees on or within the Property or Resort area.
NON-LIABILITY / INDEMINITY OF OWNER / ASSUMPTION OF RISK
Principal Guest hereby specifically acknowledges and agrees that Owner, its insurance, and its agents are not and will not be liable to Principal Guest or its Invitees for any injuries, death, damages and/or losses occasioned by or from the use of Property, or any excluded area on the land or in the Property, or due to any design, code violation, mechanical or construction defects, if any, of the Property, or due to any property or service provided or made available by Owner or its agents under this Rental Agreement or by any utility service including, without limitation, electricity, plumbing, gas, water, air conditioning, sewage system, fire sprinklers, or the loss, interruption or stoppage thereof, or by the bursting, leaking, overflowing or running over any tank, sink, washstand, closet, fire sprinklers, waste or other pipes in or on the Property, or for any injury or damaged occasioned by water coming into the 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 in, on or adjacent to the Condo or Property or of any adjacent Condo or Property occupants, or of the public unless, and then only to the extent that such damage or loss results from a wanton and willful act of Owner or Owner's gross negligence. Any swimming or other recreational activity (including but not limited to canoeing, boogie boarding, surfing) shall be solely at the risk of the Principal Guest or Invitees of the Principal Guest. Principal Guest, on behalf of its self and its Invitees, expressly waives and releases Owner, its insurance, and its agents from liability for all such claims. In the event Owner and/or its insurance, and/or any of its agents is made a party to a claim or a suit, Principal Guest agrees to release, hold harmless, indemnify and defend Owner, its insurance and its agents from all claims, liabilities, damages, actions, losses, costs and expenses (including reasonable attorney's fees) arising out of such matters. PRINCIPAL GUEST, ON BEHALF OF ITSELF AND ITS INVITEES, AGREES AND ACKNOWLEDGES THAT UNDER NO CIRCUMSTANCES SHALL OWNER'S, ITS INSURANCE, OR ITS AGENTS' LIABILITY IN CONNECTION WITH THIS RENTAL AGREEMENT OR ANY CLAIM ARISING IN CONNECTION WITH THIS RENTAL AGREEMENT EXCEED THE TOTAL RENT.
ASSIGNMENT AND SUBLETTING
This Rental Agreement may not be assumed, assigned, or transferred by Principal Guest unless permitted in a signed writing by Owner. The Principal Guest shall not re-let or sublet all or any part of the Condo unless permitted in signed writing by Owner. This Rental Agreement may be transferred or assigned by Owner in whole or in part in the event of a sale or transfer of the Condo. This Rental Agreement shall be binding upon both Parties and their respective heirs, executors, administrators, successors, transferees, assigns, agents and attorneys.
Any reservation obtained under false pretense will be subject to forfeiture of the Total Rent and the Principal Guest will not be permitted to check in or if already checked-in, will be evicted.
TERMINATION OF RENTAL DUE TO VIOLATION OF TERMS
If Principal Guest or its Invitees violates any of the terms of this Rental Agreement or violates restrictions contained in the House Rules, Owner may terminate this Rental Agreement and, upon such termination, Principal Guest and its Invitees shall vacate the Condo immediately and shall forfeit all monies paid to Owner.
FORCE MAJEURE / UNFORSEEN CIRCUMSTANCES
There may be circumstances beyond our control and contemplation in which the Condo might not be available for your occupancy or may become unavailable mid-stay. In the event of one of these unforeseen circumstances, we will do our best to make alternative comparable arrangements for you when possible. If we cannot, or if the alternative arrangements are not acceptable to you we will issue you a refund. If the Condo becomes unavailable prior to your arrival, Owner will refund all monies paid. If the Condo becomes unavailable mid-stay Principal Guest shall be entitled to a refund of a pro rata portion of the un-used nightly rental rate payable hereunder. The refund is our full extent of our liability to you. We will not be responsible for any other costs or losses.
PEST CONTROL, PESTS AND BED BUGS
Insects and rodents are pests. HKCA schedules quarterly pest control of the Property to prevent infestations. Principal Guest agrees to cooperate with pest control efforts. Should Principal Guest deny entry and/or refuse the treatment, Principal Guest agrees to reimburse Owner for any additional expenses related to re-scheduling.
Despite HKCA best efforts, pests are prevalent on Maui and may be seen in the Condo or around the Property. Principal Guest understands this and agrees that they shall not be entitled to a refund as a result of pests. However, Bed Bugs are a serious issue. In the event of an alleged bed bug infestation, Principal Guest shall first allow Owner to have the Condo inspected. If a bed bug infestation is discovered, the foregoing Force Majeure clause shall apply and Principal Guest shall be entitled to a refund.
CLEANLINESS OF THE CONDO
The Condo is cleaned between each guest stay by professional cleaners. They are people, so undeniably, from time to time, something may be missed. While unacceptable, it happens. The level of cleanliness is in the eye of the beholder. Principal Guest agrees that if the Condo not up to their standards of cleanliness it is not a breach of this Agreement and shall not entitle them to a refund or termination of this Agreement. If you feel that the Condo is not up to your standards, please let us know and we will have the issues specifically addressed, including a full second cleaning of the unit if necessary.
NOTICE AND OPPORTUNITY TO CURE DEFAULT
It shall be a condition precedent to the Principal Guest’s right to a refund or termination of this Agreement by default of Owner, that Principal Guest shall first have given the Owner written notice stating with specificity (i) a statement they are alleging a breach of this Agreement by the Owner, and (ii) the reason for the termination ("breach"). If such breach is capable of cure or remedy, Owner will have a period of ten (10) days after the notice is given to remedy the breach. Notwithstanding the foregoing, if the alleged breach occurs during Principal Guest occupancy, time shall be of the essence and the right to cure period shall be shortened to 48 hours.
CLAIMS AND NOTICE OF CLAIMS
A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief. Claims by either Party must be initiated by written or e-mail notice to the other Party. Claims by either Party must be initiated within 21 days after occurrence of an event giving rise to such claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. The responsibility to substantiate Claims shall rest with the Party making the claim. A timely notice of claim is required as a condition precedent to the commencement of an action against the other Party.
The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees.
CONTROLLING LAW, VENUE, JURISDICTION
The parties' rights and obligations are governed by, and this Rental Agreement shall be construed and enforced under, the laws of the State of Washington. Each Party irrevocably (a) consents to the jurisdiction of all federal and state courts in Washington State for all matters relating to or arising out of this Rental Agreement; (b) agrees that venue for any proceeding arising under this Rental Agreement shall be the county of King, State of Washington; and (c) agrees not to seek, and hereby waives the right to request any change of venue or transfer.
ENTIRE AGREEMENT; INTEGRATION; AMENDMENT
This Rental Agreement and the documents incorporated herein by reference constitute the entire agreement between the parties with regard to the subject matter hereof, and supersede all previous agreements between the parties. There are no representations, warranties or agreements between the parties other than those in, or incorporated into, this Rental Agreement. There are no dealings, statements, verbal or other agreements which add to, affect or modify the terms of this Rental Agreement. This Rental Agreement may not be modified or amended except by written agreement signed by Owner and Principal Guest.
WAIVER OF TERMS
No waiver or any breach of any of the terms, covenants and conditions of this Rental Agreement shall be taken or construed to be a waiver of any other term, covenant or condition of this Agreement.
If any clause or any other portion of this Rental Agreement shall be determined to be void or unenforceable for any reason, such determination shall not affect the validity or enforceability of any other clause or portion of this Rental Agreement, all of which shall remain in full force and effect.
COUNTERPARTS; VALID SIGNATURE METHODS
This Rental Agreement may be executed in counterparts, all of which shall constitute one and the same instrument. Facsimile, photocopied, and electronically transmitted signatures or electronic acceptance is equivalent to original signatures for all purposes of this Rental Agreement and shall be binding upon all Parties.
EXECUTION OF RENTAL AGREEMENT
As of the Effective Date, Principal Guest, jointly and severally, and Owner agree to all of the terms and conditions of this Rental Agreement. Owner and Principal Guest each for itself agrees that, (a) it had a full and fair opportunity to consult with its independent legal advisor; (b) it has read, considered and understands this Rental Agreement; and (c) that each person has the right and all authority necessary to execute this Rental Agreement.
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