MKVR TERMS AND CONDITIONS
In consideration of the monies received and the mutual promises contained herein, the Maui Kama'aina Vacation Rentals (MKVR) of the subject property hereby agrees to give a license to use the Property to the undersigned, (herein referred to as Guest), on the property and dates described on the reservation form, and in the confirmation e-mail, under the conditions stated herein.
Payment: Guest agrees to pay MKVR an Advance Payment in the amount specified on the reservation form and in confirmation e-mail. Advance payment is used to secure the property for advance reservations, and is due at the time the reservation is made. Cashiers Check or Money Order Payments are required within 5 business days. Credit Card, Paypal or Online Check payments are subject to a 4% Processing Fee.
Final Payment: Guest agrees to pay MKVR the final payment via personal or company check on the date due and in the amount specified on the reservation from and in confirmation e-mail.
Cancellation Policy. Cancellations received within 90 days of arrival or after arrival date, all payments will be retained. Cancellations received 91 days or more prior to arrival will result in forfeiture of Advance Deposit and/or any other subsequent payments.
Holiday Reservation Requirements: Please note that we require a 10 night minimum reservation for one holiday and 14 night minimum for two holidays during the Christmas and New Years Holiday Season.
Security Deposit: Guest agrees to pay MKVR a security deposit in the amount specified on the reservation form and in the confirmation e-mail. Guest agrees to pay MKVR the amount of actual damages to the Property arising from use of the Property, as well as for missing items, excessive clean-up, and, if necessary, the cost incurred in removing Guest from the Property.
Check-in: begins at 3:00 PM, on the Arrival Date specified on reservation form and in confirmation e-mail
Check-out time: Checkout is NO LATER than 11:00 AM on the Departure Date specified on reservation from and in the confirmation e-mail.
Smoke Detectors: Guests are required to reset all smoke detectors upon check-in and promptly report inoperative smoke detector(s) to Manager.
Property Inspections: All problems, including inadequate cleaning and damage, must be reported in writing to MKVR within 24 hours of check-in for prior guest to be held responsible. MKVR reserves the right to enter premises at any time for the purpose of effecting necessary inspections, repairs or maintenance.
Notification: It is Guest's sole responsibility to inspect the Property upon arrival. In addition to inspecting the smoke detectors, Guest agrees to inspect the entire Property to ensure that it is free of hazards, and properly equipped. Properties are not equipped for the elderly or handicapped. Guest assumes the entire risk of injuries arising from use of the Property. Guest will ensure that the Property has a secure shower or bathtub mat, and that the Guest takes reasonable measures to prevent slips in the bathroom, on staircases, steps, on balconies, and throughout the Property. Guest agrees to take a higher degree of care in the use of the Property because of the age of the structures on the Property.
Occupancy: No one other than the Guest and his traveling companions are allowed on the property. No parties or large gatherings are permitted. The maximum number of occupants allowed in the Property is specified in the reservation. Children over the age of 3 are counted. Overcrowding or misrepresentation is grounds for immediate revocation of the license to the Property, and removal of Guest without refund. The Guest is the person who will occupy the Property. Parents may not book Properties for their children. The Guest must be present at the Property for the time of the reservation, and take full responsibility for the Property. Small children are the responsibility of the Guest. Children should not roam free on balconies; climb on furniture; hang out of windows; or engage in other unsupervised activities. Use is at your own risk. Guest takes full responsibility for all lost or broken items, and any damages to the Property of any kind.
Restrictions on Property Use: Guests are prohibited from engaging in any unlawful activity or any other activity that constitutes a nuisance. The property is in a quiet residential neighborhood. Guests must be respectful of the neighbors. Loud noise is prohibited at all times. Under no circumstances shall the guest make noise disturbing neighbors at anytime. It is against Maui Law to make loud noises between the hours of 9:00pm and 8:00am. Violation of this provision will result in immediate eviction without refund of the Rent and Damage Deposit, and Guest will be held liable for any damages to the Property, contents and grounds. This home is operated under a conditional use permit issued by county of Maui. Violations of provisions in this rental agreement may result in cancellation of MKVR's conditional use permit. Guest agrees to be held liable for consequential damages should Guests actions cause MKVR to lose conditional use permit.
Pets: No Pets are allowed on the property at any time. Violation of the "no pets" stipulation is grounds for immediate removal without refund.
Smoking Prohibited: All properties are non-smoking properties and any form of smoking is prohibited inside the properties.
Personal Property Loss: MKVR is not responsible or held liable for Guest's personal items lost or stolen during their stay.
Returned Checks: Guest will pay a $50.00 returned check fee on each check returned by Guest's bank.
Subletting and Assignment: Guest may not sublet, sublicense or otherwise grant any rights to the Property.
Property Use: The Property may not be used for any activity in violation of local, state or federal laws, or Hawaii Insurance rules and regulations.
Parking: Parking is allowed in the garage, driveway or assigned parking space. No on-street parking is allowed
Limitations on Rental: MKVR will not be liable for circumstances beyond their control, including but not limited to appliances or air-conditioning/heating failure, other mechanical failure, unfavorable weather, disruption of utility services including cable television, etc. There will be no relocation, rental pro-ration or refund in the event of such circumstances. In the event MKVR is unable to deliver the Property to Guest because of property sale, property remodel or new construction, property Manager (or MKVR) decision, fire, mandatory evacuation, eminent domain or Acts of Nature, or if the property is unavailable because of construction, construction delays, lack of utilities, or due to Order by County of Maui to Cease and Desist TVR Activities at the subject Property. Guest agrees that MKVR's sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Guest. Guest expressly acknowledges that in no event will MKVR be held liable for any other condition out of the control of the MKVR, or for any incidental or consequential damages, including but not limited to, expenses that result from moving or for any other losses.
Tenancy: The Guest acknowledges that this is NOT a tenancy for the Property. The Property is not rented for more than 30 days, and is taxed and treated as a transient occupancy, akin to hotel accommodations. Property laws do not apply to the license granted herein, and the Guest may be removed as a trespasser immediately upon termination of this license. The Property is rented on regular short term periods, and for a significantly higher rate than a non-vacation rental. Often a Guest is scheduled to begin a vacation in the Property on the same day as the check-out day of another prior Guest. If Guest stays even one additional day, MKVR would face significant logistical problems with the next Guest, including possible liability. As such, Guest agrees to vacate immediately on the check-out day, at 11:00 a.m. Failure to do so will entitle MKVR, in addition to all other remedies available to it, to: have Guest ejected by law enforcement as trespasser; and to physically remove Guest and all of Guest's possessions from the Property, for which Guest hereby grants permission and consent; and obtain damages and injunctive relief against Guest.
Indemnification: Guest agrees to release and MKVR from and against all liability should anyone be injured upon the premises during the term of occupancy, resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the MKVR.
Effective Date: Not withstanding any thing to the contrary, this Occupancy Agreement is binding and effective when no signature is required, and Guest's affirmative assent to the terms is expressed by Guest's reservation of the unit.
Governing Law: The terms and conditions stated herein will be interpreted by and governed under the laws of the State of Hawaii and any action arising out of this agreement shall be litigated in the State of Hawaii.
Attorney's Fees: In the event of any action or proceeding commenced by any party, the prevailing party in such action or proceeding shall be entitled to recover from the other party all cost and expenses thereof, including actual attorney's fees and cost. Invalid Provisions: If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance hereof. Furthermore, in lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of the Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and still be legal, valid, or enforceable.
Entire Agreement: This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.
Waiver: The waiver by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of same provision by any party or of the breach of any other term or provisions of this Agreement.
Headings: Headings of the paragraphs herein are used solely for convenience and shall not be used for interpretation or construing any word, clause, paragraph or provision of this Agreement.
By checking the box marked "I have read and agree to the Contract", Guest acknowledges to have read, understands and agrees to these rules; so by submitting their agreement via digital signature, Guest hereby agrees and accepts all the terms and conditions stated above.
Payment: Guest agrees to pay MKVR an Advance Payment in the amount specified on the reservation form and in confirmation e-mail. Advance payment is used to secure the property for advance reservations, and is due at the time the reservation is made. Cashiers Check or Money Order Payments are required within 5 business days. Credit Card, Paypal or Online Check payments are subject to a 4% Processing Fee.
Final Payment: Guest agrees to pay MKVR the final payment via personal or company check on the date due and in the amount specified on the reservation from and in confirmation e-mail.
Cancellation Policy. Cancellations received within 90 days of arrival or after arrival date, all payments will be retained. Cancellations received 91 days or more prior to arrival will result in forfeiture of Advance Deposit and/or any other subsequent payments.
Holiday Reservation Requirements: Please note that we require a 10 night minimum reservation for one holiday and 14 night minimum for two holidays during the Christmas and New Years Holiday Season.
Security Deposit: Guest agrees to pay MKVR a security deposit in the amount specified on the reservation form and in the confirmation e-mail. Guest agrees to pay MKVR the amount of actual damages to the Property arising from use of the Property, as well as for missing items, excessive clean-up, and, if necessary, the cost incurred in removing Guest from the Property.
Check-in: begins at 3:00 PM, on the Arrival Date specified on reservation form and in confirmation e-mail
Check-out time: Checkout is NO LATER than 11:00 AM on the Departure Date specified on reservation from and in the confirmation e-mail.
Smoke Detectors: Guests are required to reset all smoke detectors upon check-in and promptly report inoperative smoke detector(s) to Manager.
Property Inspections: All problems, including inadequate cleaning and damage, must be reported in writing to MKVR within 24 hours of check-in for prior guest to be held responsible. MKVR reserves the right to enter premises at any time for the purpose of effecting necessary inspections, repairs or maintenance.
Notification: It is Guest's sole responsibility to inspect the Property upon arrival. In addition to inspecting the smoke detectors, Guest agrees to inspect the entire Property to ensure that it is free of hazards, and properly equipped. Properties are not equipped for the elderly or handicapped. Guest assumes the entire risk of injuries arising from use of the Property. Guest will ensure that the Property has a secure shower or bathtub mat, and that the Guest takes reasonable measures to prevent slips in the bathroom, on staircases, steps, on balconies, and throughout the Property. Guest agrees to take a higher degree of care in the use of the Property because of the age of the structures on the Property.
Occupancy: No one other than the Guest and his traveling companions are allowed on the property. No parties or large gatherings are permitted. The maximum number of occupants allowed in the Property is specified in the reservation. Children over the age of 3 are counted. Overcrowding or misrepresentation is grounds for immediate revocation of the license to the Property, and removal of Guest without refund. The Guest is the person who will occupy the Property. Parents may not book Properties for their children. The Guest must be present at the Property for the time of the reservation, and take full responsibility for the Property. Small children are the responsibility of the Guest. Children should not roam free on balconies; climb on furniture; hang out of windows; or engage in other unsupervised activities. Use is at your own risk. Guest takes full responsibility for all lost or broken items, and any damages to the Property of any kind.
Restrictions on Property Use: Guests are prohibited from engaging in any unlawful activity or any other activity that constitutes a nuisance. The property is in a quiet residential neighborhood. Guests must be respectful of the neighbors. Loud noise is prohibited at all times. Under no circumstances shall the guest make noise disturbing neighbors at anytime. It is against Maui Law to make loud noises between the hours of 9:00pm and 8:00am. Violation of this provision will result in immediate eviction without refund of the Rent and Damage Deposit, and Guest will be held liable for any damages to the Property, contents and grounds. This home is operated under a conditional use permit issued by county of Maui. Violations of provisions in this rental agreement may result in cancellation of MKVR's conditional use permit. Guest agrees to be held liable for consequential damages should Guests actions cause MKVR to lose conditional use permit.
Pets: No Pets are allowed on the property at any time. Violation of the "no pets" stipulation is grounds for immediate removal without refund.
Smoking Prohibited: All properties are non-smoking properties and any form of smoking is prohibited inside the properties.
Personal Property Loss: MKVR is not responsible or held liable for Guest's personal items lost or stolen during their stay.
Returned Checks: Guest will pay a $50.00 returned check fee on each check returned by Guest's bank.
Subletting and Assignment: Guest may not sublet, sublicense or otherwise grant any rights to the Property.
Property Use: The Property may not be used for any activity in violation of local, state or federal laws, or Hawaii Insurance rules and regulations.
Parking: Parking is allowed in the garage, driveway or assigned parking space. No on-street parking is allowed
- Special Parking Terms for Koa Resort - Each unit has a designated number of Parking Passes - Unless the vehicle has a pass, it is not permitted in the Parking lot after 5pm. Parking is on a first-come, first-serve basis. Additional parking can be done on the street adjacent to the property (Kulani Hakoi).
Limitations on Rental: MKVR will not be liable for circumstances beyond their control, including but not limited to appliances or air-conditioning/heating failure, other mechanical failure, unfavorable weather, disruption of utility services including cable television, etc. There will be no relocation, rental pro-ration or refund in the event of such circumstances. In the event MKVR is unable to deliver the Property to Guest because of property sale, property remodel or new construction, property Manager (or MKVR) decision, fire, mandatory evacuation, eminent domain or Acts of Nature, or if the property is unavailable because of construction, construction delays, lack of utilities, or due to Order by County of Maui to Cease and Desist TVR Activities at the subject Property. Guest agrees that MKVR's sole liability, as a result of any of these conditions, will be a full refund of all payments tendered by Guest. Guest expressly acknowledges that in no event will MKVR be held liable for any other condition out of the control of the MKVR, or for any incidental or consequential damages, including but not limited to, expenses that result from moving or for any other losses.
Tenancy: The Guest acknowledges that this is NOT a tenancy for the Property. The Property is not rented for more than 30 days, and is taxed and treated as a transient occupancy, akin to hotel accommodations. Property laws do not apply to the license granted herein, and the Guest may be removed as a trespasser immediately upon termination of this license. The Property is rented on regular short term periods, and for a significantly higher rate than a non-vacation rental. Often a Guest is scheduled to begin a vacation in the Property on the same day as the check-out day of another prior Guest. If Guest stays even one additional day, MKVR would face significant logistical problems with the next Guest, including possible liability. As such, Guest agrees to vacate immediately on the check-out day, at 11:00 a.m. Failure to do so will entitle MKVR, in addition to all other remedies available to it, to: have Guest ejected by law enforcement as trespasser; and to physically remove Guest and all of Guest's possessions from the Property, for which Guest hereby grants permission and consent; and obtain damages and injunctive relief against Guest.
Indemnification: Guest agrees to release and MKVR from and against all liability should anyone be injured upon the premises during the term of occupancy, resulting from any cause whatsoever, except in the case of personal injury caused by willful gross negligence on the part of the MKVR.
Effective Date: Not withstanding any thing to the contrary, this Occupancy Agreement is binding and effective when no signature is required, and Guest's affirmative assent to the terms is expressed by Guest's reservation of the unit.
Governing Law: The terms and conditions stated herein will be interpreted by and governed under the laws of the State of Hawaii and any action arising out of this agreement shall be litigated in the State of Hawaii.
Attorney's Fees: In the event of any action or proceeding commenced by any party, the prevailing party in such action or proceeding shall be entitled to recover from the other party all cost and expenses thereof, including actual attorney's fees and cost. Invalid Provisions: If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance hereof. Furthermore, in lieu of such illegal, invalid, or unenforceable provision there shall be added automatically as a part of the Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and still be legal, valid, or enforceable.
Entire Agreement: This Agreement sets forth the entire understanding of the parties and supersedes all prior agreements or understandings, whether written or oral, with respect to the subject matter hereof. No amendment or modification hereto shall be binding unless made in writing and signed by the parties hereto.
Waiver: The waiver by either party hereto of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of same provision by any party or of the breach of any other term or provisions of this Agreement.
Headings: Headings of the paragraphs herein are used solely for convenience and shall not be used for interpretation or construing any word, clause, paragraph or provision of this Agreement.
By checking the box marked "I have read and agree to the Contract", Guest acknowledges to have read, understands and agrees to these rules; so by submitting their agreement via digital signature, Guest hereby agrees and accepts all the terms and conditions stated above.
