RENTAL AGREEMENT

RENTAL AGREEMENT AND CANCELATION POLICY

GUEST WILL BE SENT A COPY OF THIS AGREEMENT.  THEY WILL NEED TO FILL IN DETAILS ON WHO IS STAYING IN THE UNIT.  THEY WILL BE REQUIRED TO SIGN AGREEMENT AND RETURN IT TO THE OWNER OF THE CONDO.         

If you have an evening or late-night flight home, you may consider adding another day.   You can spend it at the condo enjoying yourself instead of driving around the island for hours killing time until your flight. If you wait until during your stay to request an extra day, it might be booked already.  Please note, extra day’s rate can’t be discounted.

I APOLOGIZE THAT MY AGREEMENT IS LONG.  WHEN I PURCHASED MY CONDO IN 2005, I WAS UNAWARE AND NAIVE ON HOW TO PROTECT MY CONDO AND MYSELF FROM INCONSIDERATE, UNSCRUPULOUS AND UNCARING GUESTS.  AFTER GUESTS DID MAJOR DAMAGE TO MY UNIT (A FEW DIFFERENT TIMES) THIS DOCUMENT WAS CREATED. SINCE THEN, I HAVE HAD NO MAJOR DAMAGE.

Cardholder(s) must be 25 years of age or older. You”, “Your” and “Guests” means the person or persons making the reservation and those who will be staying at the “Maui Vacation Rental” as guests. “We,” “Our,” “Ours,” “Us” or “Owners” means Diane Lees and Christopher Lees, owners and managers of the “Maui Vacation Rental”.  This rental is located at 250 Hauoli Street, Unit 117, Wailuku, Hi, 96793, at the Kanai A Nalu complex, located in the area of Maalaea.  With this Agreement, You and We (collectively, “Parties”) wish to agree on the terms of you renting the Maui Vacation Rental “Short Term”. Therefore, the Parties agree as follows:

Guest(s)/Cardholder(s) is/are individually and severally liable and otherwise fully responsible for any and ALL Guest/Cardholder/invitee caused damages incurred to the Maui Condo including, but not limited to all adjacent structures and premises, throughout the rental period. This includes, but is not limited to intentional and/or unintentional removal of property, and/or accidental damage to structure(s) and premises including, but not expressly limited to any and all fixtures, appliances and furnishings. If any guests engage in any unlawful activities on the property, all persons in the rental party will be removed from the condo and there will be no refund of amounts paid for the unit.  A Two Hundred Dollar ($200.00) Replacement Fee shall be charged to Guest(s)/Cardholder(s) that fail to return any and all Maui Condo related keys. This is a special key and requires a master lock smith. In the event of any such loss, Diane Lees is hereby granted the right to deduct said losses from the credit card on file, or the security deposit being held if paying by a check. If paying by credit card: Your credit card will be on file, you'll only be charged (up to the limit of the security deposit) if Diane Lees submits a damage claim within 10 days of your departure.  If paying by check, a security deposit will also be paid.  If no damage to the unit, deposit amount will be refunded within 10 days of your departure via a personal check from the property owner.  

All Guests/Cardholders are asked to examine the Maui Condo UPON ARRIVAL, and to immediately report any and all damage(s) observed to Diane Lees. In the event of unreported damage(s), the Guest(s)/Cardholder(s) run the risk of being charged for the damage. Please take the time to look over the condo. Failure to vacate the Maui Condo on the scheduled date of departure by our established check-out time of 10:00 AM, resulting in the cleaning people not being able to arrive and get the condo ready for the next guests to check in on time, at 3:00 PM will result in assessment of the equivalent to one (1) additional night’s rental rate, plus taxes, with all such costs being charged against the credit card on file.  

Hawaii has strict non-smoking laws. Violations could result in a $500 fine. The Maui vacation rental is a “NON-SMOKING” PROPERTY. Absolutely no smoking in the unit or on the lanai. Please see smoking rules below, on page 4, under “Property Rules”.  If after your departure, the Maui Vacation Rental’s interior, or furnishings smells of smoke, you could be assessed a second cleaning charge, which will be deducted from the credit card on file. 

We strive to maintain the Maui Condo in good condition. We have a local Maui Management Company that addresses known problems, cleans prior to your arrival, and tries to make sure all appliances and fixtures are in working order. We have many guests so the condo gets a lot of use. Non-working items are replaced with a newer model as soon as possible (or as soon as we know about it).  As such, it is the Guests'/Cardholders' responsibility to please, immediately notify Diane Lees at 916-987-4816 (landline) or 916-203-7563 (cell for texting) when a problem occurs.  It takes much longer to get repairs done on Maui, so please report it in a timely manner, to give us time to fix it before the new guests checks in.  I am sure they will appreciate it.   

The tropical grounds and units are commercial sprayed quarterly (safe for humans once dried).  We also have hidden bug bait traps to try to keep the inside bug free.  Being Hawaii and the tropics, this is not easy.  From time to time, you may find a bug, a Gecko, or even a small field mouse in the unit.  We have caulked all windows and doors, and have screens in place.  Please make sure you keep the sliding screen doors closed all the way. The Geckos are tiny, and can slip through a 1/4” opening. Please let Diane Lees know about any of these “pests” that are a problem so they can be taken care of. 

The Geckos are considered sacred by Hawaiians and represent the spirits of past ancestors. We try our best to keep them outside.  They are all over the islands.  If one appears, they are harmless, and don’t bite.  It is considered bad luck to kill them, so we will carefully scoop them up, and put them outside.  Some of our guest’s love them.  Please note that seeing a Gecko or a mouse in the condo will not allow you to check out early.  If seeing a small Gecko or little mouse in the condo will be too traumatizing for an adult or a child, then this ground floor unit may not be the place for your vacation.  Our ground floor ocean front unit allows you to walk directly out to the shore, but also could allow unwanted little pests to enter.  Again, we strive to keep the unit Gecko, mouse and bug free, but occasionally they sneak in. 

We are not responsible for inconveniences, due to situations which are beyond our control, including, but not limited to: Flight delays causing a late check-in, adverse road and/or weather conditions, high surf and changing beach conditions, construction taking place, unknown repairs needing to be made, condo not decorated and/or otherwise not accommodated to suit a guest's personal taste, the breakdown of an appliance, a piece of entertainment equipment or the breakdown of other previously working items. We try very hard to be accommodating to our guests. Condo is Wheelchair accessible, but not ADA compliant.  

We have increased our cleaning practices. We provide hand soap and some cleaning supplies. Guests still need to be mindful to wash their hands frequently.  As such, please be aware that we cannot guarantee that you will not get any of the current coronaviruses from traveling on the plane, or being on the island.  There were only four cases per 100,000 residents in March.  Even still, condo owner is not responsible if guests get a coronavirus while visiting Maui, or staying at the condo.  DO NOT WEAR SHOES IN UNIT.  Wearing shoes into the unit could track in germs from outside.  We have a shoe rack near the front door for you to place your shoes on.

Safety precautions undertaken by Owner are not foolproof, and Guests shall hold Owner harmless from all claims to Guests or Maui Vacation Rental arising out of the use and occupancy of the premises. Guest(s) expressly assumes all responsibility for any and all risk of personal injury, sickness, disease, virus, any Covid viruses, death or Maui Vacation Rental damage upon themselves, any member of the rental party or their visitors, to the exclusion of owners, and to exempt and relieve Maui Vacation Rental Owners, Diane Lees and Christopher Lees, and Kanai A Nalu, from liability for damages, personal injury, illness, disease, Coronavirus or wrongful death while on the premises of Kanai A Nalu, or staying in the Maui Vacation rental“.

I try hard to make sure my guests have what they need in the condo during their stay. Condo has many amenities.  We provide a starter supply of toiletries and amenities (such as laundry soap, hand soap, dishwasher detergent, cleaning supplies and dish-washing liquid).  Extra toilet paper is in the vanities.  Extra paper towels are stored under kitchen sink or in bottom drawers of dresser in 2nd bedroom as our storage is limited. Please let Diane know if we are out, as extra paper goods are with the property manager.

Located in the living room is a “Guest’s Binder” containing helpful information on the Condo, and “Operation pages” for some of the appliances. Please be aware the Quiet Hours are from 10:00 pm until 8:00 am. Please be respectful and do not disturb other guests during these hours.  As guests residing on the property, you are required to follow the “Kanai A Nalu Property Rules” written on page 4.  Also, read over the instructions on how to work different items in the condo. Diane will email you  “Welcome Information” which you are required to take with you to Mau. Please do not try to fix any non-working appliance or electrical items.  If you have a question or are not sure how to operate an item, please call Diane. YOU COULD BE CHARGED FOR ANY ITEMS YOU DAMAGE DURING YOUR STAY.

Guests also agrees to assume the risk of harm arising from use of the Maui Vacation Rental and hereby assumes responsibility for any consequences of the actions of Guests, any member of the Rental Party or Guest’s Visitors, including minors. You will indemnify, defend, and hold harmless Us from and against all demands, causes of action, claims, losses, liabilities, expenses, and damages to persons or the Maui Vacation Rental based on, arising out of, caused by, connected to, or related to Your (or any of Your guests’) negligence, willful misconduct, or breach of this Agreement (including but not limited to the House Rules). All Guest(s)/Cardholder(s) and their invitees use the Maui Condo and premises at their own risk. Diane Lees, shall not be held liable nor otherwise responsible in any way for any injury that is caused or permitted to be caused by the intentional or unintentional acts of misuse of appliances, furnishings, and/or other equipment, acts of God/nature, and/or are otherwise naturally occurring.

The Property Owners shall not be held liable nor otherwise responsible in any way for the Guests'/Cardholders' personal property that is damaged, lost, stolen or left behind.  Guest(s)/Cardholders and/or their invitees agree to hold harmless and indemnify Diane Lees/Property Owners from any such liability or responsibility. Please check the Maui Condo thoroughly before your departure. If you do forget something, immediately call Diane Lees.  If your items are found we will be happy to ship them to you. You will be responsible for any packing and shipping charges. 

Absolutely NO BEACH TIKI TORCHES ALLOWED ON THE PREMISES, OR STORED IN THE CONDO.  NO TIKI TORCH OR BBQ FLUIDS STORED IN THE CONDO (LIGHTER, KEROSENE, CITRONELLA, OR STARTER FLUID). IF CLEANING PEOPLE DISCOVER ANY SUCH ITEMS, GUEST WILL FORFIT THEIR SECURITY DEPOSIT. 

Please do a load of laundry for excess towels (beach or bath) during your stay.  Also, it would be very helpful to the cleaning people if you start a load of laundry on the day you leave.  They will finish it, but you starting a load, would be greatly appreciated.  ABSOUTLY NO BLEACH IS TO BE USED.  USE HOT WATER TO DISENFECT. BLEACH RUINS TOWELS AND YOU WILL BE CHARGED FOR THEM. You’ve paid a cleaning fee, which covers normal loads (3-4). There could be a charge for “extra loads” of laundry.  Also, please make sure all dishes are washed prior to you leaving.  If you are short on time, they can be left in the dishwasher to dry and the cleaning people will put them away.  I appreciate you being a considerate guest while staying in my condo. 

Prior to vacating the condo, please make sure all TV/DVD remotes are sitting next to the TV and all air conditioning remotes are in the holders on the wall.  Also, leave Sleep Number’s remotes on the night stands.  ALL REMOTES SHOULD BE IN PLAIN SIGHT, SO YOU ARE NOT CHARGED FOR A MISSING REMOTE.   

Due to the damage to the reefs and Maui’s fragile marine ecosystem, the sale and use of non-mineral sunscreens with oxybenzone and octinoxate are prohibited. Only mineral sunscreens based on the active ingredients of zinc oxide and titanium dioxide will be allowed.  You may want to purchase a “reef safe/reef friendly” tanning lotion prior to arrival.  

 

Kanai A Nalu Complex –  Property Rules

Common Area:  Quiet Hours: 10:00 pm to 8:00 am. Please be considerate of others enjoying their vacation.  Unruly, belligerent, rowdy and threating guests, can be removed from the property for the safety of other guests. Use of grounds is restricted to registered guests only. No games, sports, balls or Frisbees on property. Sports can be played on the beach, or 1/8th mile down the shore at Haycraft park.

Smoking at Kanai A Nalu: Cigarettes, e-cigarettes, vaping devices, cigars, and other smoking implements are not allowed on the lanais, walkways, courtyard, pool, beach, or any common area. Two designated smoking areas are east and west of the parking lots.

Parking: All vehicles must be registered upon arrival. Parking Permit forms (pink), are outside of complex office. Follow sign, past the pool. Fill-out and display on your vehicle. One vehicle per condo. Unregistered vehicles risk towing.  

Lounges: Can’t be used on the beach.  Please return to stack by the pool when done, or by 9:00 pm.

Quiet hours: 10 PM until 8 AM. At any time of the day or night, occupants/guests shall not do anything that infringes upon the rights, comfort or convenience of other occupants/guests.

Septic System (Plumbing): NEVER put anything down the toilet except toilet paper as complex has a sewage treatment plant. Feminine products, makeup wipes, diapers, Swiffer sheets and even paper towels etc. will clog up plumbing and system. If toilet backs up, there will be a charge for Rooter Router service, currently it’s $285.

BBQs:  Guests required to clean off BBQ grills, counter area and turn off the gas when done. No glass in the BBQ area. No personal BBQ’s on property or lanai’s.

TRASH: Please be sure to throw away all trash in dumpsters located at exit of complex. NEVER leave bags of trash or garbage sitting outside in walkways.  This will attract bugs and rodents.

 

Pool: Guests use pool at their own risk.  Gate code is 1360. Hours are 9:00 am to 9:00 pm

 No glass in pool area. Absolutely no regular diapers. **Swim diapers required.

  1. No lifeguard on duty! Adult supervision in required at ALL TIMES. Adults are responsible for well-being and safety of minors, their actions and behavior plus the ensure safety of all non-swimmers of all ages.
  2. No running, jumping, or diving. No nudity. No climbing on the waterfall.
  3. Allowed: Eye goggles, snorkel masks, water wings (children’s), noodles and life jackets. Our sign needs to be updated, as such, the above are allowed. 
  4. No balls, toys, body or surf boards, diving fins or floats (except swim noodles and life jackets) are allowed in the pool.

For sanitary reasons, typical disposable or cloth diapers are not allowed in the pool. Persons who are incontinent or not toilet-trained shall not use the pool unless they wear a swim diaper. A **swim diaper is a tight-fitting nylon or latex alternative to a standard diaper. Any accident involving feces or vomit MUST be immediately reported to the Resident Manager to allow the required and appropriate treatment of the pool.

While on the island, please note that Maui County prohibits smoking, including e-cigarettes, in all “enclosed or partially enclosed” areas open to the public that include, but not limited to restrooms, lobbies, reception areas, hallways, bars, hotel rooms, balconies, restaurants, retail service establishments, and retail stores.

 

Cancellation/refund policy for unit #117 at the Kanai A Nalu

 

THE CONDO IS RENTED OUT BY THE OWNER, BUT HAS A MAUI MANAGEMENT COMPANY. 

 

THERE IS NO CHECK-IN PRIOR TO 3:00 PM. After 3:00 pm, you will find a temporary key inside a “key box” on the condo door.  You will receive the combination after payment in full.  You will find two other keys on the dining room table. Please return temporary key to the “Key Box” so it will be there if you get locked out.  Lost keys will incur a $200 charge (this is a special key).

Final Payments are due 60 days prior to arrival (regular bookings) and 120 prior to arrival (holiday bookings).

Rates are for 2-4 guests. Please be aware that there is an extra guest fee per night, beyond the first 4 guests.
Minimum stays vary, please see my ad when booking nights to see our minimum stays during seasons.

Damage Deposit is only charged if cleaning crew finds and reports damage to owner within two days of check-out. Balance refunded 10 days after check-out.

Owner will email you a Rental Agreement with all costs filled in. You will print out it out and fill in the names and addresses of all guests, then sign and mail back to the owner. This is a requirement of staying in the condo.
Discount given for extended stays (4 plus weeks). 
Rates do not include *Hawaiian taxes, property, admin or cleaning fee.

See our cancellation policies below.  Varies depending on the circumstances.
Rates are in U.S. Dollars.  Payments to be made in U.S. Dollars.

Condo is Wheelchair accessible, but not ADA compliant.

Check in is 3:00 p.m.       Check out is 10:00 a.m.  Fee charged for late checkout (unless previously agreed upon in writing)

NO SMOKING: Please note:  Hawaii law does not allow smoking on Lanai’s or any partially enclosed area. You must be at least 20 feet away from any people in an open area.  There is a fine of up to $500.00 for smoking in a condo or on a lanai.

*IF MAUI COUNTY ENACTS A NEW ACCOMMODATION OR EXCISE TAX OR ANY FEE TO BE PAID ON VACATION RENTALS OR BY TOURISTS AFTER THIS AGREEMENT IS SIGNED, BUT BEFORE YOUR ARRIVAL, GUEST WILL BE RESPONSIBLE FOR PAYMENT OF SAID TAXES OR FEES. THEY WILL BE INVOICED BY THE CONDO OWNER AND DUE PRIOR TO ARRIVAL.

Note: Until confirmed, rates subject to change without notice.  Current rates will be shown when booking. Rules and policies may change. Please see your updated rental agreement that will be sent to you at time of booking.

 

CANCELLATION AND REFUND POLICY

60 DAY NOTICE OF CANCELATION REQUIRED PRIOR TO ARRIVAL FOR A REGULAR BOOKING AND A 120 DAY NOTICE REQUIRED FOR HOLIDAY OR EXTENDED BOOKINGS REQUIRED. TRAVEL INSURANCE IS HIGHLY RECOMMENDED.

This Agreement is the final, entire agreement among the Parties pertaining to the subject matter of this Agreement, and supersedes all previous agreements and understandings pertaining to this Agreement or its subject matter.  If any provision of this Agreement is determined to be invalid, illegal, or unenforceable in any respect for any reason, the validity, legality, and enforceability of that provision in every other respect and the remaining provisions of this Agreement will not, at the election of the Party for whose benefit the provision exists, be in any way affected or impaired. This obligation will survive termination of this Agreement.  Each person renting or occupying the Maui Vacation Rental is jointly and severally liable under this Agreement.


GUEST WILL BE SENT A COPY OF THIS AGREEMENT.  THEY WILL NEED TO FILL IN DETAILS ON WHO IS STAYING IN THE UNIT.  THEY WILL BE REQUIRED TO SIGN AGREEMENT AND RETURN IT TO THE OWNER OF THE CONDO.