Make your vacation a relaxing and joyful time by knowing as much as possible about our wonderful property. Please read this Short Term Rental Contract.
Short Term Rental Agreement
Princeville, HI 96722
Guest Name: (First and Last): ______________________________________________________
Guest Home Address: (Include City, State, Zip): __________________________________________
Guest Driver’s License #: __________________________________________________________
Guest Home Phone #: _________________________ Cell #: _____________________________
Fax #: __________________ E-Mail Address:_________________________________________
Reserved Dates: Check-In Date: __________________ Check- Out Date: ___________________
# of Adults: _____ # of Children: _____ Ages of Children: _____________________________
Agreement: Rae-Marie and Tom May (Owners) and Guest agree as follows: Above Guest is an adult and will be an occupant of the unit during the entire reserved period. Other occupants (for a total of six) will be family members or friends. Use of the premises is denied to persons not falling within the foregoing categories; exceptions will result in mandatory vacation of the property with no refund. A maximum of 6 additional DAYTIME guests are allowed on the property at any given time. Daytime guests are the sole responsibility of Guest. Only the occupants are allowed to sleep in the home or to stay past 10 PM. Special events, e.g. weddings, are prohibited.
Security Deposit: The security deposit is $3000 and is due 60 days prior to arrival. Your security deposit is fully refundable within 14 days of your departure provided that real and personal property are in the same condition as when you arrived and all terms of this agreement are met. Guest is liable for all replacements and repairs that are outside what is considered normal wear and tear.
Payment Schedule: If arriving more than 60 days from booking:
Due within 7 days of booking: 50%
First 1/2 of rental fee:
First 1/2 of cleaning fee:
First 1/2 of Hi state taxes (14.962%):
Due within 60 days of arrival: 50% plus S.D.
Final 1/2 of rental fee:
Final 1/2 of cleaning fee:
Final 1/2 of Hi state taxes (14.962%):
If arriving less than 60 days from booking the following is due at booking: Full payment plus S.D.
Hi state taxes (14.962%):
Payment Method: Guest may pay by check, wired funds, or direct deposit. If a check is returned for NSF there will be a $50 service charge. If paying via wired funds, any charges by Guest’s bank or Owner’s bank that reduce the amount received by Owners will be deducted from your security deposit. If you would like to pay with wired funds or direct deposit, request account information via email.
Cancellation: Should you wish to cancel this reservation, notice of cancellation MUST BE IN WRITING AND RECEIVED MORE THAN 90 DAYS PRIOR TO YOUR CHECK IN DATE. All monies paid will be refunded. If your notice of cancellation is RECEIVED LESS THAN 90 DAYS PRIOR TO YOUR CHECK IN DATE, all monies paid will be forfeited except the security deposit, unless the property can be re-rented at the same rate for the same period. Any rental, partial rental or reduced rental for the same period will be credited to you, less a $250 cancellation fee.
Check-In: Check-in time is 4:00 PM. Early check-in may be allowed with prior approval. Access to entry WILL NOT be issued with an outstanding balance owed or without a signed rental agreement in the Owners’ possession.
Check-Out: Check-out time is 10:00 AM. A later check-out time may be allowed with prior approval. A $100 per hour fee will be charged for each hour (or portion thereof) past the required check-out time if approval was not given.
Cleaning: There is no daily housekeeping service. The home will be inspected, sanitized, and cleaned after your departure. YOU ARE REQUIRED to leave the property in the same general condition that you received it by making sure the following is done before you leave: 1) dishes are clean and put away; 2) the home is generally picked up and ready to be vacuumed, dusted, and sanitized; 3) all windows (including louvers) and doors are closed; 4) all lights and fans are turned off. If additional cleaning is required, appropriate charges will be deducted from your security deposit at the rate of $100 per hour. You will be charged extra if you fail to leave the house in the condition described, for excessive sand in the house or on lanais, or for damage to the washer or dryer from sand.
Pets: Pets are NOT allowed on the premises.
Smoking: THIS IS A NONSMOKING HOME. Any smoking must be done outside of the house and away from the windows. A deduction from the security deposit will be taken if there is a lingering odor of smoke in the house after check-out.
Telephone, Cable TV, and Internet: All three are supplied by Oceanic Time Warner. Therefore if the electricity should go out, all three utilities will be inoperable. Local and long distance phone calls to the United States are allowed, however any International phone calls are not. Should any long distance phone calls be inadvertently charged to the Owner during the reserved time, the Guest will be charged for the calls. International phone calls must be charged to the Guest’s own number, calling card, or credit card. Premium cable TV is provided as well as Netflix Streaming. No Pay-For-View or On Demand service is permitted. Internet service is available through Cat5 cables in most walls or through wireless.
What is Supplied: The May Property is equipped and set up as a fully furnished home which includes bed linens, pillows, towels, hair dryers, as well as five TVs, a Blu-Ray DVD player, a stereo system, a gas barbeque grill, and a fully equipped kitchen. GUEST AGREES TO ACCEPT LIABILITY FOR ANY DAMAGES CAUSED TO THE PROPERTY (OTHER THAN NORMAL WEAR AND TEAR) BY GUEST OR GUEST’S VISITORS, INCLUDING, BUT NOT LIMITED TO, MISUSE OF APPLIANCES AND/OR EQUIPMENT FURNISHED, FURNITURE, OR LANDSCAPING. IF DAMAGES ARE IN EXCESS OF THE SECURITY DEPOSIT BEING HELD, GUEST AGREES TO REIMBURSE THE OWNERS FOR COSTS INCURRED TO REPAIR OR REPLACE DAMAGED ITEMS. An initial supply of soap, toilet paper, paper towels, and dishwasher/laundry soap will be available. Any additional items needed must be purchased by the Guest.
Sleeping Capacity/Disturbances: Guest and all other occupants will be required to vacate the premises and forfeit the rental fee and security deposit for any of the following: 1) Occupancy exceeding the sleeping capacity stated on the reservation confirmation; 2) Daytime occupancy exceeded; 3) Using the premises for any illegal activity including, but not limited to, the possession, serving or consumption of alcoholic beverages by or to persons less than 21 years of age; 4) Causing damage to the premises rented or to any of the neighboring properties; 5) Any other acts which interferes with neighbors’ right to quiet enjoyment of their property.
Trash: Trash pickup is on Wednesday. Guest agrees to place trash cans at curbside the night before. Recyclables which have an “HI5” can be placed in the garage for Owners to recycle.
Other Guest Responsibilities: Precipitation can come out of nowhere on the North Shore of Kauai, therefore windows and doors should be closed before leaving the house. Rinse sand off in the outdoor shower or with a garden hose before entering the house or pool, and shake beach towels and clothing outside of the home before bringing inside.
Ocean Risks: The May Property is adjacent to the Pacific Ocean. Guest understands that there are risks inherent to persons and property located adjacent to, and 160 feet directly above the ocean. Guest and Guest’s family, invitees, and guests shall make use of the ocean at their own risk. Ocean waves and undercurrents can be especially strong in the vicinity of Queen’s Bath (“Queen’s Bath”). Caution should be exercised when near or in the ocean or when using the unimproved steps down to Queen’s Bath, SeaLodge Beach, or any other beach access.
Swimming Pool and Spa Risks: There is a swimming pool and spa (hot tub) located on the May Property. Guest understands that there are risks inherent to persons using a swimming pool or spa and there are risks of accidents involving unsupervised children or adults playing near or in a swimming pool or spa. Guest and Guest’s family, invitees, and guests shall make use of the swimming pool and spa at their own risk. Guest agrees to supervise all minor children in and around the swimming pool and spa and agrees to indemnify, defend, and hold harmless Owner for any injury to person or property arising from the use of the swimming pool or spa by anyone during Guest’s occupancy of May Property. Guest and all other invitees will follow the Swimming Pool and Spa Rules which include, but are not limited to: 1) Not diving into either end of the pool (Maximum depth is 5 feet); 2) Not standing on the infinity edge, large rocks, or waterfall; 3) Using the pool only when clean; 4) Avoiding swimming if you are sick or have open wounds; 5) Using only plastic containers while in the pool or spa; 6) Walking on the pool deck, not running; and 7) Keeping the gates surrounding the pool closed.
Bikes and Boogie Boards: There are bikes, boogie boards and snorkeling gear available for use. Guest and Guest’s family, invitees, and guests should make use of these items at their own risk. Guest agrees to supervise all minor children while using these items and agrees to indemnify, defend, and hold harmless Owner for any injury to person or property arising from the use of these items by anyone during Guest’s occupancy of May Property.
Release of Claims: Guest, for itself, its family, invitees, guests, agents, or other persons invited onto the May Property, and their respective heirs, successors, personal representatives and assigns, hereby releases and discharges Owner, and Owner’s employees, agents, sureties, insurers, indemnitors, attorneys, successors and assigns, from all claims, demands, causes of action in connection with the May Property or this Rental Agreement, including, without limitation, any claim, demand or cause of action for personal injury or death and any and all loss, liability, cost and expense resulting from any claim, demand, suit or cause of action that may be asserted. Guest, for itself, its family, invitees, guests, agents, or other persons invited onto the May Property, and their respective heirs, successors, personal representatives and assigns, hereby further agrees to indemnify, defend and hold Owner harmless from and against any and all such claims, demands, or causes of action, including reasonable attorneys’ fees and costs.
Limited Liability/Natural Disasters: Owner will not be liable for circumstances beyond its control including, but not limited to, appliances or other mechanical failure, unfavorable weather, or disruption of utility services. There will be no relocation, rental rate pro-ration or refund in the event of such circumstances. Guest hereby acknowledges the State of Hawaii is exposed to Tidal Wave/Tsunami/Hurricane threat. Guest is encouraged to purchase travelers’ insurance, which insurance may provide coverage in the event of unforeseen circumstances. GUEST EXPRESSLY ACKNOWLEDGES THAT IN NO EVENT WILL OWNER BE LIABLE FOR ANY DERIVATIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF VACATION TIME, EXPENSES THAT RESULT FROM RESCHEDULED AIR TRAVEL OR AUTO RENTAL, OR ALTERNATIVE ACCOMMODATIONS/RELOCATION EXPENSES.
Waiver of Liability Relating to Coronavirus/Covid-19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization (“WHO”). COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.
The Owners cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while staying at Honu Point. Although the Owners have made efforts to minimize possible exposure to COVID-19, it is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize, enter, and stay at Honu Point, you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19 or any other communicable disease.
ASSUMPTION OF RISK
By signing this Short-Term Rental Agreement, I assert that I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and my family in order to utilize, enter and stay at Honu Point. The Honu Point premises are of such value to me and my family, that I accept the risk of being exposed to, contracting, and/or spreading COVID-19, or any other communicable disease, in order to utilize, enter and stay at Honu Point.
WAIVER OF LIABILITY
By signing this Short Term Rental Agreement, I hereby forever release and waive my right to bring suit against the Owners, their agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing, entering and staying at Honu Point. I understand that this waiver means I give up my right to bring any claims including, but not limited to, personal injury, death, disease or property loss, as well as to claims of negligence. I hereby give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen, in connection with exposure, infection, and/or spread of COVID-19, or any other communicable disease, related to utilizing, entering and staying at Honu Point.
CHOICE OF LAW
I understand and agree that the law of the State of Hawaii will apply to this Waiver and Release. I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS WAIVER AND RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE.
Guest agrees to all of the provisions of this Short-Term Rental Agreement as evidenced by the signature set forth below:
GUEST SIGNATURE___________________________________ Date____________________
Phone # (during stay)_________________________________
Mailing Address: The completed agreement (first and last page) should be emailed to the following address: firstname.lastname@example.org. Checks should be mailed to:
PO Box 223355
Princeville, HI 96722
Please make checks payable to: Rae-Marie May
Street address, directions, and entry code will be provided after final payment.
Rae-Marie and Tom May