Please read the Guest Agreement carefully. Any (a) monies received by Wailani Properties LLC (“Wailani”) for occupancy of a vacation property (the “Rental Unit”) represented by Wailani, or (b) actual occupancy of a Rental Unit, constitutes your acceptance of the terms and conditions of our Guest Agreement in full. All policies are strictly enforced. It is the responsibility of all Guests (as defined below) and their Invitees to be familiar with all policies pertaining to the Rental.
RENTER REQUIREMENTS: For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is considered to be the “Guest”. All other persons involved with the Rental Unit are considered to be Guest’s “Invitees”. All discussion regarding the reservation, cancelation and damage policies will be discussed solely with the Guest, not the Guest’s Invitees. The Guest understands that Wailani rents to Guests who are responsible adults over the age of 18 ONLY.
CREDIT CARD POLICY: A valid credit card number is required for all reservations. Visa, MasterCard, Discover or AMEX cards are accepted. The credit card given during the booking process may be used for incidentals, fees, damages and other charges in connection with your stay.
LOST KEYS: A fee of $50 will be charged for each property or pool key lost.
BOOKING DEPOSIT/PAYMENT: A booking deposit equal to 25% of the total charges due for your reservation is required in order to confirm the reservation. Additionally, there is a non-refundable administrative fee due at time of booking. The final balance is due no later than 60 days prior to your arrival (the “Final Balance Due Date”). If no other payment is received prior to the Final Balance Due Date, we will automatically charge the remaining balance to the credit card on file. If you wish to provide another form of payment, you must contact a representative of Wailani Properties LLC before the Final Balance Due Date. If full payment is not received by Wailani by your Final Balance Due Date, Wailani reserves the right to cancel your reservation, in which case all deposits will be returned to you except for the administrative fee. For any reservations which are made within 60 days of your arrival date, you will be required to pay all reservation charges in full at the time that the booking is made in order to confirm the reservation.
DAMAGE POLICY: Guests are responsible for any damage to the Rental Unit caused by the Guest and/or the Guest’s Invitees during the stay. As a part of your reservation, a mandatory $75 damage waiver insurance fee will be charged to your account. This insurance covers up to $3,000 of accidental damages or additional cleaning costs incurred as a result of your stay. For any damages or excessive cleaning costs that exceed the $3,000 damage waiver coverage, Wailani is authorized to charge the Guest’s credit card on file. If the damages exceed the limit of the credit card on file, the Guest will be required to provide another form of payment for the balance owed.
STANDARD CHECK IN TIME: 4:00p.m. – Unless you have arranged an early arrival time, please do not arrive at the property before 4:00 p.m.
STANDARD CHECK OUT TIME: 10:00a.m. – Your prompt departure at 10:00 a.m. is appreciated so we can prepare the Rental Unit for incoming guests. Upon availability, a late check out may be granted at an additional charge of 50% of the nightly rate plus applicable taxes.
NO SMOKING/VAPING: All Rental Units managed by Wailani are designated non-smoking/vaping. Violation of this prohibition will result in a detoxification charge. This prohibition includes use of medical cannabis, which may not be smoked or vaped within the Rental Unit.
NO PETS: Guests are not permitted to have pets within the Rental Unit, nor are pets permitted to be kept on the adjacent outside areas of the Rental Unit.
SERVICE ANIMALS: Guests who plan on bringing a certified service dog must notify Wailani when the reservation is made in writing and provide proper certification for the animal. All Guests who require a service dog will be responsible for any damage to the Rental Unit caused by such service dog. Emotional support animals other than certified service dogs are not permitted within the Rental Unit or its adjacent outside areas.
POOL: Pools and spas shall be used by Guests at their own risk. Wailani does not provide any lifeguards, video monitoring or other safety equipment. For safety reasons, diving is not allowed in the pool and/or spa. Glassware is not allowed in or near the pool and/or spa. Should the pool and/or spa have to be drained due to broken glass, it shall be at the Guest’s expense.
SECURING THE RENTAL UNIT: As the Guest renting this Rental Unit, you and the other registered Invitees assume full responsibility for the Rental Unit and its contents, as well as your own personal property. Lock all doors and windows when you leave and lock your automobiles and store any rental equipment properly at all times. Do not leave anything of value in plain sight, either in the Rental Unit or in your vehicle.
SECURITY SURVEILLANCE: As the Guest renting this Rental Unit, you and your registered Invitees understand and acknowledge that, for security purposes, one or more video cameras have been installed outside of the Rental Unit, and that such cameras provide 24/7 surveillance of some or all of the outside areas of the Rental Unit, which cameras may be accessed by Wailani and/or the owner of the Rental Unit at any time. Accordingly, you and all of your registered Invitees hereby: (a) consent to being filmed by such cameras while outside of the Rental Unit, whether at the entrances to the Rental Unit and/or while using any of the outside amenities of the Rental Unit, and (b) hereby agree that you have no expectation of privacy while outside of the Rental Unit. Please be assured that Wailani is not aware that any such security cameras are positioned to film areas within the Rental Unit, and the foregoing acknowledgment and consent does not apply to filming of any areas within the interior of the Rental Unit. If you do have concerns regarding your privacy within the Rental Unit, please immediately contact us, and we will take commercially reasonable efforts to ensure that your privacy inside the Rental Unit is preserved. You and your registered Invitees hereby agree that Wailani may not be held liable for any breach of privacy caused solely by the actions of the Owner of such Rental Unit.
RENTAL EQUIPMENT: Any use of rental equipment by the Guest or the Guest’s Invitees is strictly at Guest’s own risk and liability.
OCCUPANCY: The number of persons lodging within the Rental Unit is restricted to the number shown on the rental listing and your booking confirmation. Additional persons must be approved prior to arrival. If the additional persons are not registered and approved prior to arrival, the reservation may be terminated, or a reasonable additional fee may be charged, at Wailani’s sole discretion.
EVENTS: Weddings, receptions, parties, functions, or other celebrations are not permitted within the Rental Unit nor on the adjacent grounds. Any use of the Rental Unit for other than strictly family vacation purposes may result in the termination of this contract and immediate eviction from the Rental Unit without refund. Guest will be solely responsible for the defense of, and any and all liability resulting from, any noise complaints or disorderly conduct complaints made against Guest and/or its Invitees regarding their activities within the Rental Unit or the adjacent grounds.
CANCELLATION POLICY: Guest has the right to cancel the reservation no later than 60 days prior to Guest’s scheduled arrival, by providing written notice of cancellation to Wailani. If Guest cancels within this time frame, all funds paid will be refunded, less the non-refundable administrative fee. BOOKINGS MADE LESS THAN 60 DAYS PRIOR TO ARRIVAL ARE NON-REFUNDABLE. No refunds will be given for early departure.
Each Rental Unit is independently owned and can be subject to unforeseen circumstances. In the event that an unforeseen situation occurs at the Rental Unit (including, but not limited to, a fire, flood or other material casualty/maintenance issue, act of God, sale of the Rental Unit, etc.) which prevents the Rental Unit from reasonably being accessed or occupied by Guest, Wailani reserves the right to relocate the Guest and Guest’s Invitees, or, if necessary, cancel Guest’s reservation. In the event this should occur, Wailani will use commercially reasonable efforts to assist the Guest in making alternative arrangements. If Wailani is unable to place the Guest in a property managed by Wailani, Guest will receive a full refund of all funds paid by Guest to Wailani. Note, however, that in the event of such a cancellation, Wailani will have no liability to Guest or Guest’s Invitees for reimbursement of any travel-related expenses or other damages. Except for the foregoing situations in which the Rental Unit cannot reasonably be accessed or occupied, Wailani does not issue refunds due to weather or travel-related issues, including but not limited to: inclement weather, road conditions, hurricanes, tsunami, cancelled flights, cancelled events, labor strikes, civil unrest, power outages, illness, etc. Travel protection insurance is available and may provide some added protection against these instances. Review your policy terms for more details.
TRAVEL INSURANCE: Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance provides coverage for prepaid, nonrefundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. Separate terms and conditions apply, read your Description of Coverage/Policy carefully and contact Generali at (866) 999-4018 with coverage questions. You can review the Description of Coverage/Policy here: https://www.csatravelprotection.com/certpolicy.do?product=G-330CSA
CONSTRUCTION: Wailani will not be held responsible for any construction noise beyond the Rental Unit. Guest acknowledges that Wailani has no control over the noise level or hours of work of any construction outside the Rental Unit. Noise from construction shall not void the Agreement between Guest and Wailani. Construction noise shall not act as a basis for refund or any other compensation.
MAINTENANCE & REPAIRS: Wailani makes every effort to ensure that all equipment and appliances in each Rental Unit are in proper working order. In the event of malfunction, Wailani will make commercially reasonable efforts to remedy the problem as soon as possible after notified of the problem. Wailani cannot guarantee against mechanical or electrical failure of air conditioners, fans, lights, televisions, appliances, pool/spas, high speed internet access or other equipment. There will be no refunds or adjustments for failure of such equipment.
ENVIRONMENTAL DISCLOSURE: Rental Units managed by Wailani are treated regularly for pest control. However, as Kauai is located in the tropics, Guest may at times encounter pests such as bugs, roosters, geckos, stray cats, rodents, etc. Wailani does not issue refunds or adjustments due to the presence of pests in or on the Rental Unit.
TSUNAMI EVACUATION ZONE: Please note this property is in the tsunami evacuation zone, refer to the in-home evacuation plan for evacuation instructions.
HOUSEKEEPING: Each Rental Unit will be thoroughly cleaned and inspected before each Guest’s arrival. The cleaning fee set forth in the rental agreement or in the rental listing will be charged at the time the final payment. If excessive cleaning is required at the time of departure, an additional fee will be charged to the Guest’s credit card on file. For all stays over 14 days, mid-stay cleans are required halfway through the stay or every 12 days for longer stays, at the Guest’s expense.
RIGHT TO ENTER: Wailani or its designated vendors reserve the right to enter the Rental Unit in order to inspect or make necessary and/or requested repairs. Wailani or its designated vendors will only enter the Rental Unit during reasonable hours with the exception of an emergency. Designated vendors to the Rental Unit include pool, landscaping, cleaning services, utility providers and other service vendors. Such vendors shall be allowed to enter during normal business hours. For visits by vendors or Wailani that are outside of regularly scheduled services, Guest will be given as much notice as possible.
ACCOMMODATIONS: The information provided on the rental listing and rental documents, while considered reliable, is not guaranteed. Properties offered for rent are privately owned. Wailani strives to convey accurate descriptions, however, changes in household inventory and/or décor may occur. Changes in household inventory and/or décor will not void the terms of the rental agreement. Please note that distances quoted to beaches and other locations on the island are approximate.
OPEN FIRES: Open fires are prohibited on all properties managed by Wailani.
TAXES: All rates subject to Hawaii State Taxes of GET (General Excise Tax) of 4.712%, State TAT (Hotel Tax) of 10.25% & Kauai County TAT (Hotel Tax) of 3.00%.
HAZARDS: Guest hereby acknowledges the inherently dangerous nature of the ocean and that recreation in or near the ocean can result in serious injury or death. Guest also acknowledges the inherently dangerous nature of hiking trails and that recreation in or near mountains trails or waterfalls can result in serious injury or death. Guest acknowledges that patios and/or porches and associated railings are potentially dangerous if not used properly. Children may not understand the potential risks involved and should be supervised at all times.
GUEST RULES: In addition to the rules set forth above, Guest and Invitees must abide by house rules as may be provided by Wailani.
GUEST, FOR ITSELF AND FOR ITS INVITEES, HEREBY WAIVES AND RELEASES ANY CLAIMS AGAINST WAILANI PROPERTIES LLC, ITS OWNERS, SUCCESSORS, ASSIGNORS, EMPLOYEES OR REPRESENTATIVES, OFFICIALLY OR OTHERWISE, FOR ANY INJURIES OR DEATH THAT MAY BE SUSTAINED BY GUEST OR GUEST’S INVITEES ON OR NEAR OR ADJACENT TO THE RENTAL UNIT, INCLUDING BUT NOT LIMITED TO THE SWIMMING POOL, SPA AND OTHER FACILITIES ON THE PROPERTY. GUEST AGREES TO USE THE FACILITIES ENTIRELY AT THE GUEST’S AND GUEST’S INVITEES’ OWN INITIATIVE, RISK, AND RESPONSIBILITY. GUEST ASSUMES SOLE RESPONSIBILITY FOR PERSONAL PROPERTY OF GUEST AND GUEST’S INVITEES.
Guest acknowledges and agrees that Guest will be responsible for and will assume the risk for any of Guest’s Invitees, including but not limited to minor family members, who use the amenities available to the Rental Unit. Guest hereby agrees to supervise any children, non-swimmers, individuals with physical or mental deficiencies, and all others using such amenities and to take full responsibility for their supervision.
Guest agrees to defend, indemnify and hold harmless Wailani Properties LLC, its owners, and their respective successors, assigns, employees or representatives, officially or otherwise, for any damages, costs, expenses, and attorneys’ fees, incurred by the owner of the Rental Unit, the owner’s rental agents, and their respective successors, assigns, employees or representatives due to any claims relating to injuries or death that may be sustained by Guest and/or Guest’s Invitees on or near or adjacent to the Rental Unit and its amenities during the rental term.
Guest understands that Wailani is an agent for the owner of the Rental Unit. Guest further understands that these Terms & Conditions shall be binding and enforceable upon all individuals who are authorized to stay at the Rental Unit, and all other individuals allowed in or around the Rental Unit and associated amenities by such authorized individuals.
