Terms & conditions

THE FOLLOWING TERMS & CONDITIONS ARE HEREBY ATTACHED TO YOUR RESERVATION REQUEST. THIS IS A LEGAL DOCUMENT GOVERNED BY THE LAWS OF THE STATE OF HAWAII AND SHOULD BE READ CAREFULLY.

In consideration of the rent received and the mutual promises contained herein, Owner of the Rental Property does hereby lease and rent to Guest(s) such Rental Property under the following terms and conditions:

Check in/out

Check-in 4:00 PM / Check-out 10:00 AM. Early Check-in or Late Check-out requires prior approval and may incur a fee.

Amenities

We provide fully furnished accommodations. Telephones, televisions, kitchen utensils, dishes and linens are supplied for you within your rental unit as well as bath amenities. We provide a starter supply of paper goods, cleaning products, soaps and amenities. This may not be enough for your entire stay.

Tax

The State of Hawaii mandates a tax be charged on all transient accommodations. Hawaii State Transient Accommodations Tax is currently 10.25% and The Hawaii State General Excise Tax is 4.166%. Taxes are identified in your reservation confirmation.

No Daily Maid Service

While linens and bath towels are provided, daily maid service is not included in the rental rate. However, additional maid service is available for an additional fee.

Lost & Found Items

We are not responsible for lost items or items left behind after check out. A $25.00 handling fee, plus postage, will be assessed for all lost & found items that have been recovered and returned to the guest. Neither

Manager nor condo owner will be responsible for any lost, stolen or damaged items.

On-island Contact

Maui Westside Properties is the property manager and your on-island contact for this rental property – 808- 427-3545. Please contact us with any issues or questions while on Maui.

Additional Fees/credit Card Guarantee

All rentals are subject to a one time cleaning fee as outlined in the Reservation Request and a damage protection insurance policy to protect Maui Westside Properties and its individual property owners from any expenses, damages or lost items from the property during your stay. Maui Westside Properties and guest agree that any expenses for damages, lost items, long distance telephone calls (other than to US mainland or Canada if provided), or additional cleaning needed not covered by the property protection policy will be charged to guests credit card on file. By agreeing to these Terms & Conditions, Cardholder hereby authorizes Maui Westside Properties to make any such credit card charges.

Internet

Guest understands that they are responsible for all internet activity where applicable and agree that no illegal, pornographic or copyrighted materials may be downloaded. Tenant understands that no refunds will be given for Internet connectivity issues or lack of service.

Weather/etc

Guest understands that there are no refunds due to inclement weather including hurricanes and floods. Manager shall not be liable for events that may interfere with your scheduled occupancy including but not limited to Acts of God, acts of government agencies, fire, strikes, pandemics, terrorism and war.

Reservations

Reservations are confirmed only upon receipt of a 40% deposit and pertinent information on all guests. We will then issue a Reservation Confirmation. We must receive the balance of funds no later than 60 days prior to arrival (120 days during Holiday Periods, reservations greater than 14 nights and reservations made 180 days or more prior to arrival). If deposit is paid by credit card, the balance due will be automatically charged to the credit card used. If the automatic payment fails for any reason, it is the responsibility of the Guest to make sure that the remaining balance is promptly paid in full, or the reservation may be canceled with no refund of payments made. All policies contained in this Agreement shall apply equally to payments made by credit card, check or cash and whether made via website, by phone or in person. Any refunds due to Guests from a credit card payment will be refunded by credit card transaction; all other refunds will be made within 14 days by check.

Deposit

We require a 40% deposit and receipt of all pertinent information on all guests prior to issuing any confirmation. Reservations of 4 nights or less and Reservations arriving in under 60 days (120 days during holiday periods) must be paid in full at time of booking.

Minimum Stay

This unit requires a three (3) night minimum stay unless filling a gap or prior arrangements have been agreed upon. Longer minimum stays may be required during Holiday periods.

Lease Rates

Rates and minimum stay requirements may vary. We reserve the right to change any rates quoted prior to issuing a reservation confirmation. Rates are based on occupancy requirements. Additional guests must be approved, and may incur an additional charge.

Cancellation

Trip Cancelation Insurance is available and we strongly suggest you purchase this coverage.

ALL CANCELATIONS MUST BE IN WRITING. Cancelations made more than sixty (60) days (one hundred and twenty (120) days for Holiday reservations, reservations greater than 14 nights and reservations made 180 days or more prior to arrival.) will receive a full refund. Cancelations made within the sixty/one hundred and twenty (60/120) day period will result in forfeiture of any payments made. We will make every effort to re-book the property. Should we be successful in re-booking the property for your reservation period or portion of your reservation period, we will be happy to refund you any pro-rata share of the reservation amount. In the event Guest wishes to terminate this agreement, Travel Insurance, if purchased, is non-refundable.

Liability

Under no circumstances shall Maui Westside Properties or Owner be responsible for any loss, damage, claim, or injury, whether incurred directly, indirectly, consequently or otherwise in law or equity as a result of rendering services or accommodations as described or substituted and including without restricting the generality of the foregoing as a result of any delay(s), substitution(s), rescheduling(s), or change(s), in the provision of services or accommodations provided herein. Maui Westside Properties reserves the right to rescind any agreement for accommodations. Maui Westside Properties will not be held liable under any circumstance to refund any unused portion of booked accommodations or services.

Damage/Loss/Disturbance Policy

The guest understands and agrees that condition, furnishings and amenities will vary in each rental home. All condos are equipped with dishes, cookware, silverware and glasses. Please do not remove any furnishings, equipment or items from the unit, including linens, dishes or other items. Locked areas such as Owner’s personal storage areas are exempt from this agreement and are off limits to Guest. Guest understands that the condo is a privately owned dwelling with the Owner’s furnishings and neither the Manager nor the Owner shall be responsible for providing any additional furnishings or equipment. Guest will be solely liable for any additional costs, charges or expenses resulting from any damage, lost or stolen items or excessive check-out cleaning.

Manager will use its best efforts to ensure that all equipment within the rental condo is in good working order. Neither Manager nor Owner guarantees that any equipment will not break down during your stay. In the event of a breakdown, Manager will use commercially reasonable efforts to remedy the situation as soon as possible after notification of the breakdown. Additionally such a breakdown does not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustments for any such mechanical failure.

Any issues Guest may have with unit shall be immediately reported to Manager via phone (808-427-3545) or by email: info@mauiwestside.com. Manager and Owner shall have a commercially reasonable amount of time to restore rental to acceptable conditions, and that any issues presented to Manager by Guest after check-out cannot be remedied and shall not constitute a breach of this Agreement or give the Guest any right to any refund or rental adjustment.

Guest understands there is no guaranty that properties adjacent to the unit and/or resort will be free from disturbances, including but not limited to noise or inconvenience from construction, traffic or other guests or neighbors, and any such disturbance shall not constitute a breach of this Agreement or give Guest the right to any refund or rental adjustment. Manager and Owner are not responsible for any closures, last minute construction or other actions at the complex/resort not under Manager/Owners direct control and any such disturbance shall not constitute a breach of this Agreement or give Guest the right to any refund or rental adjustment.

Guest also understands that Hawaii is located in a tropical climate, and insects, rodents and lizards flourish in this environment. Although Manager will use its best efforts to limit interaction during your stay, Guest understands that any contact by Guest with such a pest/bird/animal within or outside the unit does not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustment.

In the event that a rented premises become uninhabitable prior to the rental period, or in the event of an error in reservation procedure or change in the ownership which precluded occupancy by Guest, the Manager reserves the right to effect appropriate corrective action without loss to Manager. Liability to Owner/Manager is limited to rental monies paid by Guest. Notification of such corrective action will be provided to Guest at the earliest possible time.

Guest understands that in the event a condo becomes uninhabitable the manager reserves the right to relocate Guest to a different property within the Manager’s rental program or that of another program. Commercially reasonable efforts will be made to ensure that the replacement property is reasonably comparable to the original rented property. Manager shall have the sole right to select such replacement property. In such an event the Guest has the option to: (1) accept the replacement property and pay any additional monies that are owed as the case may be or (2) reject the replacement property and receive a refund of all rentals and fees paid for original property. You hereby agree that your choice between these alternatives will be your sole remedy for any and all damages, liability or inconvenience arising out of relocation as defined herein.

Revisions

Any revisions made after confirmation must be in writing and are subject to owners approval.

Conditions of Rental

  • Guest agrees to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property. Guests obligations include but are not limited to keeping the premises as clean and safe as the conditions of the premises permit and causing no unsafe or unsanitary conditions in the common area and remainder of the premises that Guest uses. Guests agree not to use the premises for any commercial activities or purpose that violates any criminal law or governmental regulation. Guest's breach of any duty contained in this paragraph shall be considered material and shall result in the termination of guest occupancy with no refund of any kind.

  • Any long distance telephone calls made by Guest(s) on unit telephone shall be by use of a calling card or as a collect call. (Except long distance calls within the United States and Canada if offered by owner)

  • Guest(s) accepts full responsibility associated with the occupancy of the property and agrees to hold Maui Westside Properties and the Owner harmless for any and all accidents, injuries, or death.

  • This Agreement shall be enforced under the laws of the State of Hawaii, County of Maui within which the Rental Property is located, including any applicable rental acts of that state, and represents the entire Agreement. Any amendments must be in writing and signed by both parties. In the event of a dispute, legal action may only be instituted in the State of Hawaii, County of Maui. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement. Owner/manager shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap, or familial status of any Guest.

  • .There will be no functions held at the property without our prior written approval. Functions are defined as: weddings, receptions, or parties of over 8 persons.

  • In no event shall the Rental Property be occupied by more persons than the capacity of the property as stated on the web site or the confirmation letter, without prior approval by Owner. No fraternities, school, civic, or other non-family groups are allowed unless manager grants prior approval. In no event shall Guests assign or sublet the Rental Property in whole or inpart. Violations of these rules are grounds for expedited eviction with no refund of anykind. Guests hereby acknowledge and grant specific permission to manager to enter premises at any time for inspection purposes should manager reasonably believe that Guests are causing or have caused any damage to Rental Property. Guest further agrees to grant manager access to Rental Property for purposes of maintenance and repair.

  • Guest(s) shall be responsible to return all keys and inventory upon departure. Lost key charge is $30.00.

  • Owner may terminate this Agreement upon the breach of any of the terms hereof by Guest. Guest shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately.

  • Guest(s) must immediately notify us of fire or damage to the property.

  • Guest(s) shall be liable for all acts of family, invitees, employees, and any persons otherwise in the unit or on the property at the request of Guest(s) during the rental period.

  • Guest(s) shall not permit the use of pool, spa, or ocean by any unsupervised minors. Guest(s) and their invitees shall use the facilities at their own risk. Guest(s) understand that there are certain risks inherent to persons and property located adjacent to the ocean as well as, pool and spa.

  • Guest(s) agrees to cook only in areas designated for cooking.

  • Guest(s) shall not bring or allow pets onto the property or in unit

  • THIS IS A NON-SMOKING PROPERTY and smoking is strictly prohibited in and around the property. Smoking, burning of incense, electronic smoking devices, candles or anything that causes an open flames are strictly prohibited in the condo or on the Lanai. Any degree of disregard to this condition is subject to a MINIMUM $500.00 CHARGE FOR DAMAGES.

  • The Rental Property may offer access to recreational and water activities, including but not limited to boogie boards, beach apparatus, and swimming. Guest fully understands and acknowledges that outdoor recreational and water activities have inherent risks, dangers and hazards. Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. Guest agrees to fully indemnify and hold harmless the Owner/manager and any and all agents, employees, or contractors for any injury or damage caused by these activities, whether caused by the negligence of the Owners/manager, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable. Guest hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Owners/manager or by any other person. Guest hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Owner/manager and any and all agents, employees, or contractors from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Rental Property facilities, equipment, or activities. Guest further assumes full responsibility for the actions of any and all persons whom he may allow to enter the property during the rental period and indemnifies Owner/manager from any and all claims arising from such other persons.

  • Guest(s) acknowledge that the Owner would not rent the property unless Guest(s) accept these conditions.

Rental Agreement

NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained, Guest has read and agreed to the following:

  1. I understand the rules and rental conditions upon which I am agreeing to rent accommodations, equipment, and use of the property, beach equipment and land. I acknowledge and accept that the sole responsibility for safety lies with the participant. In agreeing to this, I acknowledge that outdoor, mountain, water, and camping activities and exposure to the natural elements and animals can be dangerous and sometimes result in injury and even death. Oceans, riverbanks, streams, steps and decks can be slippery, animals and insects can threaten and infect or injure, exposure to the elements can cause hypothermia, sunburn, among other risks inherent in participating in camping, outdoor and water activities. I know that alcohol and/or drugs do not mix safely with any outdoor activity.

  2. I certify that I am at least 21 years of age and assume responsibility for those in my charge under the age of 18 and all members of my party and will be present for the entirety of the stay. I hereby assume all legal responsibility for bodily injury to me or to any person on the property as a result of my visit and use, operation or possession of equipment hired or loaned to me. Acknowledging this, I accept complete responsibility for the minor children and myself in my charge and visit the property and equipment and engage in activities or events at my own risk.

  3. I will abide by the rules and accept these rental conditions:

  4. By booking, you authorize Maui Westside Properties to send text messages and emails with details regarding your reservation information and other offers. Message/data rates may apply. Consent is not a condition of purchase.

  • The property I rent will be returned in the same condition in which it was rented and I will be responsible for all damage and/or loss that occurs during my rental period.

  • I enter into agreement freely with the Owner of the Rental Property at my own risk, acknowledging the risks inherent in outdoor and river activities and assume any and all responsibility for the minor children and myself in my charge.

  • I agree to hold harmless and to indemnify the Manager and Owner of the Rental Property against all loss, damage, expense and penalty on account of personal injury or property damage to the rental dwellers, the undersigned or to any minor child or children in the charge of the undersigned, howsoever rising, whether by act or acts or failure to act of the employees, owners or animals of the said company or property owners or not.

  • I acknowledge receipt of the property in good order and condition (if found otherwise per my arrival I will contact Owner immediately) and further agree that the manager and owner of the Rental Property shall not be liable for consequential damages of any kind or nature from whatever cause arising, whether property or equipment is loaned or rented.

  • All parties agree to and will comply with Federal, State and County pollution laws and any other applicable laws and regulations.

By reserving this property on this website I confirm I have read and agree to these terms and conditions.