|
Hale
Luana Rental & Pool Waiver Agreement
5142 Hoona Road, Koloa,
Poipu Beach, Kauai, Hawaii
NOTE: This
Rental Agreement is a binding legal contract and should be carefully
reviewed. By
entering into the contract, the rental guest is agreeing to all of the
obligations and responsibilities outlined herein.
If you should have any questions, please be sure that they are
resolved to your satisfaction prior to making any deposits or rental
payments. Questions
should be directed to the Rental Agent listed on the final page of this
document.
ADVANCE
INSPECTION:
Prospective guests are strongly encouraged to view Hale Luana
(“the property”) in person prior to making a reservation.
Prospective guests who are unable to view the property in person
may see photographs and read descriptions of the property on the
world-wide-web at the following website: www.haleluana.net.
HALE
LUANA AND RENTAL PROPERTIES ON KAUAI:
Kauai
has a style and ambiance that is quite different from the other
Neighborhood islands. It is
not characterized by luxury golf villas and private estates.
The upper-end rental properties are oriented to casual, “island
style” living. Hale Luana
is essentially a family-owned “beach-house”.
It has been built and decorated for the enjoyment of the owners.
The property is located in a small, local neighborhood near the
town of Koloa on the southern shore of Kauai.
The neighborhood includes permanent local residences, other
single-family rental properties and a few beach bungalows.
Hale Luana is unique on Kauai because it has frontage on a
beautiful white sand beach (See description of beach below.)
Five foxtail palm trees line the lava rock wall along the beach
frontage. Privacy from the
beach is protected by a naupaka hedge along the beach and by a lava rock
wall along the street.
DESCRIPTION OF
PROPERTY:
Hale Luana consists of a two-story main house of 1941 square feet
and a detached single-story guesthouse of 476 square feet.
The main house has three bedrooms and two and one-half baths. The guesthouse has one bedroom, a full bathroom and a
“kitchenette”. Both
structures are of the same, island-style architecture and are separated
by an unheated swimming pool. The
total land area for this beachfront property is approximately 11,228
square feet. Privacy is
achieved through landscaping and lava rock walls. Furnishings are
complimentary to the islands and provide a casual elegance.
The property is located at 5142 Hoona Road in a small local
neighborhood near the Town of Koloa on the southern shore of Kauai.
BABY BEACH:
Hale Luana fronts on a white sand beach known locally on Kauai as
“Baby Beach”. The beach
is about one hundred yards in length and is enclosed by a reef.
The beach is not ideal for individuals who wish to body surf or
swim any long distances. Please
refer to the photographs on the Hale Luana website for photographs of
the beach. There are
several excellent beaches for adults nearby at the Kiahuna Plantation,
Poipu Beach Park and Shipwreck Beach (Hyatt Hotel).
EARLY
RESERVATION:
Hale Luana enjoys a high occupancy rate.
Prospective guests are encouraged to make reservations well in
advance.
MINIMUM
STAY REQUIREMENTS:
The minimum stay is seven nights.
MAXIMUM OCCUPANCY: EIGHT
INDIVIDUALS. Hale Luana is the personal vacation property for the
owners. The owners are willing to share the property with other
families as long as the property is not abused.
Exceeding the
maximum occupancy rate will result in excessive wear and tear on the
property. Therefore, the property will be rented only to those
families who will guarantee that the maximum number of guests will not
exceed the number of sleeping accommodations.
The maximum occupancy at Hale Luana is eight individuals.
The
prospective renter shall provide the names of all occupants in the
spaces provided at the end of this agreement.
Weddings, anniversaries and other similar ceremonies involving
more than a dozen invited guests are not permitted.
CHILDREN
AND PROPERTY RISKS:
Hale Luana is designed primarily for the comfort and convenience
of adult guests. Children
are welcome subject to the condition that parents and guardians are
fully responsible for the special risks this property presents to
children. These special
risks include the swimming pool, the proximity of the property to a
beach and fact that there is no lifeguard.
Parents and guardians must also be responsible for guarding
against the dangers inherent in electrical outlets, curtain cords,
sliding doors and cleaning substances. The renting party should survey the property upon arrival to
define and address hazards that may apply to children and/or guests
given their ages, physical and mental capacities.
The Property Owners, Property Manager, and the Rental Agent will
not be responsible for these risks.
RENTAL
DEPOSIT:
A Rental Deposit of $2,000 is due within ten days of making a
one-week reservation. An
additional deposit of two hundred dollars ($200) will be required for
each additional rental day beyond one week.
The Rental Deposit is payable by personal check, agency check or
money order. It shall be
applied to the final rent invoice. If the full requisite Deposit is not
received within 10 days of making the reservation, the reservation will
be cancelled. The “Rental Deposit” is separate from the “Security
Deposit.” The term “Rental Deposit” refers to all rental monies
collected in advance of the reservation date except for the “Security
Deposit”. The rental deposit, i.e. the full amount of the rental
payments, may be forfeited under the conditions specified herein under
STRICT CANCELLATION POLICY.
RENT:
Full rent is due 60 days prior
to your arrival. If your
rent is not received 60 days prior to your arrival, your reservation is
subject to cancellation. Rent
must be paid in U.S. funds and only by check or money order and shall
include the obligatory gross excise tax of 4.166% and a 7.25% room tax.
SECURITY
DEPOSIT:
A $1,500.00 Security and Cleaning Deposit is due in addition to
the full rental payment. Deductions
from the Security deposit will be made for:
(1) any excessive check-out cleaning charges, (2) charges for
missing items, (3) damages, (4) telephone charges, (5) additional
cleaning costs for failure to vacate the property on a timely basis at
check-out time; and (6) failure to observe the No Smoking Policy (see
herein) and (7) any guests in excess of the prescribed number. If
these deductions do not apply, the deposit will be returned to the Guest
within 30 days of his or her departure.
The Rental Agent will retain interest earned on all deposits.
STRICT
CANCELLATION POLICY:
The majority of Hale Luana reservations are made six to twelve
months in advance. Cancellations
within sixty days of the starting rental date are likely to result in
financial loss to the property owners because rental agents do not have
the ability to replace cancellations on short notice.
Accordingly, we enforce a strict cancellation policy.
If a reservation is cancelled within sixty (60) days of the
scheduled check-in date, the rental deposit and any advance rental
payments due will be forfeited in full.
The forfeiture will be enforced regardless of the reason for the
cancellation, including health reasons, transportation interruptions,
weather conditions, etc. If
a reservation is cancelled sixty days or more from the scheduled
check-in date, all advance rental payments shall be refunded less a
$200.00 cancellation fee. Extenuating circumstances, such as damage to
the property from wind, fire or flooding, could require the Rental Agent
to cancel your reservation. In
this event, a full refund will immediately be disbursed to the renting
party. The Rental Agent
will also make a reasonable effort to relocate the prospective guest to
a comparable property.
TRAVEL
INSURANCE:
Guests are strongly encouraged to secure travel insurance to
protect you against cancellations. Contact your preferred insurer or
consider contacting the following:
TRAVELEX at 1-800-228-9792 or CSA TRAVEL PROTECTION at
1-800-348-9505 or TRAVEL GUARD INTERNATIONAL at 1-800-826-7791.
DIRECTIONS
and PROPERTY ACCESS:
Upon our receipt of your full rent and deposits, you will receive
written instructions confirming access and directions to your vacation
residence. Access will be
by way of a keyless entry system. The
Rental Agent will provide you with a security code.
CHECK-IN
TIME:
3:00 p.m. CHECK-OUT
TIME:
10:00 a.m. Experience
has demonstrated that it takes approximately five hours to thoroughly
clean the interior and exterior of a property the size of Hale Luana.
Accordingly, guests are asked to comply with our 10:00 AM
check-out time. For the
same reason, incoming guests are asked to defer moving into the property
prior to 3:00 PM. The
rental agent shall have the right to retain part of the Security and
Cleaning Deposit in the event that the guest fails to vacate the
property in a timely manner and thereby causes additional cleaning
expenses or delays and inconveniences to an incoming guest.
REPAIRS
AND MAINTENANCE:
Every effort is made to assure the comfort and enjoyment of
guests at Hale Luana. Rental
adjustments or refunds will not be made in the event of extenuating
circumstances such as, but not limited to, noise, weather, construction,
repairs, insects or rodents. We
will make every reasonable effort to repair or replace items within the
vacation residence that may break down during your vacation.
CLEANING:
The property will be professionally cleaned prior to your
arrival. During each
week of your stay, you will receive complementary, mid-week housekeeping
service. If you require
additional housekeeping services, please advise the Rental Agent in
advance. Charges for
additional housekeeping will be handled directly between you and
housekeeping at the time of the service.
A check-out cleaning is included in the rental rate.
For your information we provide guests with the following items
at no charge: hand soap, toilet paper, paper towels, dishwasher soap,
kitchen sponge, cleaning supplies consisting only of Simple Green, and
Tide laundry detergent.
PROPERTY
MANAGEMENT: The property owners retain
a Property Manager to oversee the physical maintenance of the property
and to respond to problems or questions that may arise during your
visit. Shortly after your
arrival, the Property Manager will meet with you to review the features
of the property. The property requires regular maintenance by
independent contractors. Landscape
and swimming pool maintenance is performed on a weekly basis.
Pest control, window washing and other routine maintenance are
performed on a monthly basis. These services are required to keep the property clean and
safe. The contractors are
courteous and considerate and will perform their duties with the utmost
care.
FURNISHINGS
AND TELEPHONE:
The house is fully furnished including all linens and
kitchenware. The telephone number for Hale Luana is: 1-808-742-0101.
There is an answering machine.
A telephone credit card is required for all toll calls.
COMPUTER
& INTERNET ACCESS:
Hale Luana guests may secure internet access at the Business
Center in the nearby Hyatt Regency Hotel or at an internet café in
nearby Koloa Town.
Hale
Luana offers high speed ADSL access to guests requiring more frequent
contact with office or home. An integrated Ethernet connection or Ethernet card is
required to connect laptops to the ADSL line.
Prospective renters should insure that they have the proper
equipment on their computers prior to their departure to Kauai.
The
property owners are unable to guarantee that every laptop computer will
be compatible with the Hale Luana internal network.
Also, the ADSL line (Verizon Communications) has proven to be
unreliable. From time to
time the renter will be unable to establish a connection with the server
for reasons that are beyond the control of the property owners or rental
agents.
A
computer consultant, familiar with the internal setup, is available on
most occasions to provide assistance. The renter is free to enter into an independent consulting
agreement with the consultant. Neither
the property owners nor the rental agents will be financially
responsible for the inability of renters to find satisfaction with the
ADSL connection or for any financial charges incurred by the renter for
services provided by any technical consultants.
PRIVACY,
SECURITY and ON PREMISE SAFE:
The Poipu Beach resort area is considered to be a relatively
“safe” location. However,
occasional burglaries and thefts are among the realities of today’s
world. As a convenience, a
safe with an instruction manual is available to store your valuables.
The safe provides ample storage for laptop computers.
We strongly advise our guests to lock all doors and
windows upon retiring and when absent from the property.
Your rental automobile should be locked at all times when not in
use. Guests
will be held responsible for the loss of furnishings, appliances, beach
equipment and other Hale Luana property.
Beach equipment should be returned to the property when not in
use.
NO
SMOKING:
Hale Luana has a strict no smoking policy; however, smoking is
permitted outside. In the
event that it is noted that smoking occurred in the interior of the
property, a full day rental charge will be deducted from your Security
Deposit.
NO
PETS:
No pets are allowed at Hale Luana.
POOL
WAIVER:
Hale Luana has a swimming pool.
Entrance to the pool is secured by a pool gate.
Guests are responsible for closing and securing the pool gate at
all times that the pool is not in use. The swimming pool can also be
protected by a removable pool screen or fence that is 4 feet high.
It is required that all guests with children and/or guests with
special physical and mental limitations utilize the pool fence.
You may view the pool fence by visiting the www.haleluana.net
website. Click on “Home
Exterior”, scroll down the page to a photo of the swimming pool and
click on “Pool Screen”.
We
require that the attached POOL WAIVER be signed and that the signed
waiver be returned as a part of this document.
I
have read and understand all of the terms of this rental agreement and
the pool waiver. I agree to
assume all of the responsibilities outlined herein:
_____________________________________________________________________________
Guest Name (type or print legibly)
Guest Signature
Date
_____________________________________________________________________________
Name of Rental Agent
Rental Agent Signature
Date
LIST
OF GUESTS (including all minors
and age of minors):
| Name of Guest |
Relationship |
Age of Minor |
| #1
____________________________ |
____________ |
_______ |
| #2
____________________________ |
____________ |
_______ |
| #3
____________________________ |
____________ |
_______ |
| #4
____________________________ |
____________ |
_______ |
| #5
____________________________ |
____________ |
_______ |
| #6
____________________________ |
____________ |
_______ |
| #7
____________________________ |
____________ |
_______ |
| #8
____________________________ |
____________ |
_______ |
|
