Terms and Conditions
The following are the terms and conditions applicable to this agreement for the rental of this property provided or listed with Luxurious Destinations LLC. The amount paid by Guest is for the nightly rate, departure cleaning, taxes, resort fee, and maid service if included, as stated below.
RESERVATION TERMS & CONDITIONS: This Reservation Confirmation/Vacation Rental Agreement (Agreement), must be completed, signed and submitted by the prospective guest (Guest) to Luxurious Destinations LLC (Agent) within three (3) days of the date the Agreement was issued, as listed above (Date Issued).
ALL PAYMENTS MUST BE MADE IN U.S. FUNDS
CLEANING: The Guest will be responsible for the cost of post-departure cleaning, in the amount as stated above. Additional maid service can be arranged at extra cost.DEPOSIT: This reservation includes a security deposit. Guest shall provide a security/damage deposit to guarantee payment for any property damage or loss, any long distance telephone or fax bills, and/or excessive cleaning (as determined by housekeeper upon Guest’s departure). Telephones in a rental unit are for your convenience however any long distance telephone or fax calls will be charged against your security deposit. The Security/Damage Deposit is returned to Guest once the Guest has vacated the property, less deductions for any of the aforementioned items, with a written summary of all deductions within (30) thirty days of Guest’s departure.
RESERVATION & PAYMENT SCHEDULE: Upon receiving a vacation reservation property inquiry, Agent will check the availability of the Property on the requested dates and advise the Guest of the property’s availability. If the Property is available for the requested dates, Agent will send this Rental Agreement to the Guest for signature and return to Agent. Agent will hold the Property and dates for the Guest for seven (7) days from the Date Issued as listed above on the Rental Agreement. In the event of a scheduling conflict, reservations are awarded to the first party who completes and returns the Rental Agreement with deposit (50% of total due). All reservations are subject to Property Owner approval.
For Agent to guarantee the Property and reserve dates for the Guest, Agent must receive from the Guest the following:
A. Within three (3) days from the Date Issued, signed copies of this Reservation Confirmation/Rental Agreement, and
B. Within seven (7) days from the Date Issued, the initial payment of 50% of the total amount due.
If all of these items are not received within the time frames specified, this Reservation will be deemed canceled by Guest.
The final payment of the remaining 50% of the total amount, and the Security/Damage Deposit, are due 60 days prior to arrival. If the final payment and Security/Damage Deposit are not received by the Agent, then this Reservation will be deemed canceled by the Guest, and the Guest will pay the Cancellation Fee described below. Changes may be made to the requested dates, subject to approval by Property Owner and Agent. All changes to the terms of the Rental Agreement will be subject to an administrative charge of $50.00.Guests may make payments by credit card, wire transfer, or company/personal check, made payable to Luxurious Destinations LLC. If making payment by company/personal check, please send payment via Federal Express, or call one of our Reservations Specialists to make check payment by phone.
AVAILABILITY OF THE PROPERTY:
Should the Property become unavailable for this Rental due to conditions including but not limited to, governmental authority issuing a legal order restricting or prohibiting the use by Owner of the Property for vacation rental purposes, hurricanes, hazardous or dangerous meteorological conditions, acts of nature, loss or sale of property, war, military actions and civil unrest, the liability of the Property Owner and Agent is to return the payments made by Guest and received by Property Owner and /or Agent for the portion of the period reserved by Guest that the Property was unavailable.
RENTAL PROPERTY CONDITIONS AND DISCLOSURES: Guest understands that Property Owner and Agent shall not permit the Rental of the Property to Guest unless Guest understands, agrees to and adheres to the following conditions and disclosures:
- Smoking is not permitted inside the home. Smoking is only permitted in the exterior areas of all properties.
- Pets are not permitted on premises without prior written approval of Agent.
- If any equipment, mechanical device or home feature becomes inoperable, Guest shall promptly inform Agent. The Property Owner, caretaker or Property Manager will make every reasonable effort to correct any problems, but such condition shall not change this Rental Agreement or the stated rate.
- Guest must immediately notify Agent of damage to Property as a result of fire, flood, acts of nature, or mechanical failure.
- Guest shall promptly inform Agent of any Property items included with the Property that become lost or broken, including but not limited to audio/visual equipment, computer equipment, art work, decorative items and appliances.
- Guest shall follow the written instructions on the care and use of the home furnished upon check-in, including the proper use of the home’s facilities and equipment. Guest may be held liable for damages to equipment such as the air conditioning system or other repair expenses caused by failure to abide by the written instructions given to them upon arrival.
- Guest shall not allow unsupervised children under the age of 18 to use the pool, Jacuzzi or any other equipment and shall supervise all Guests’ and visitors’ use at all times. Guest understands that child safety fencing is not provided on the Property. Guest shall be held responsible and liable for the safety and acts of all family and Guests while on the Property. Pool Sweep/Vacuum must remain in pool at all times.
- Guest recognizes and acknowledges that although reasonable efforts are made to portray the property accurately, specific furniture and interior items and landscaping may vary from photographs of the Property.
- Any complaint from the Guest concerning the weather, climate, neighborhood, location or other qualities of the Property will not be grounds for a refund of all or any part of the payments by Guest. Agent may, based upon reasonable cause, consider and grant refunds, in full or in part, depending upon the nature and extent of the circumstances involved and the nature of the Guest's complaints subject to confirmation by Owner.
- The Property is located in a residential area, and Guest is advised that excessive noise may disturb neighbors and may be grounds for eviction. Guest agrees to respect quiet hours from 9 PM until 8 AM. Guest understands that social gatherings such as parties, weddings and receptions are strictly prohibited unless Agent gives specific prior written approval in each case. Unauthorized events may result in partial or full forfeiture of the Security Deposit and possible eviction from the Property.
- Neighborhood construction or similar disturbance would have been disclosed to Guest if known to Agent when this Rental Agreement was signed. Property Owner and/or Agent are not responsible for failing to disclose possible future neighborhood construction of which Property Owner and/or Agent was not previously aware.
- Property Owner or designated agents, such as Property Managers, caretakers and repair persons may enter the Property at any time during daylight hours to make repairs. Reasonable efforts will be made to provide prior notice to Guest of such visits.
- Guest is responsible for all keys, gate and garage openers and upon departure Guest is required to leave these items on the Property at the location where they were presented to Guest. Guest will be charged a replacement fee for lost keys and/or gate or garage openers.
- Due to tropical climate and environment, pests such as insects and small lizards may be present on the Property. Reasonable efforts are made to control pests, but nature’s presence is to be expected on occasion.
- Property Owner and/or Agent reserves the right to promptly evict any persons who cause damage to the Property or items present on Property, who violate state, local and/or federal law or who don’t abide by the conditions set forth in this Rental Agreement.
The Guest understands that the occupancy of the home, use of the facilities, use of the equipment such as pool, barbeque equipment, kitchen equipment and Jacuzzi, and areas adjacent to the Property are at the Guest’s own risk. Property Owner and/or Luxurious Destinations LLC shall not be held responsible or liable for any loss, damage, injury, death or any other claim by Guest or persons associated with the Guest resulting from such use. Furthermore Property Owner and Agent shall not be liable for any loss, damage, injury, death, expense, delays, irregularities, or other claim sustained by Guest or to Guest’s personal property caused by acts unforeseen and/or beyond the control of Property Owner or Agent including, but not limited to, inclement weather, hurricanes, high surf and hazardous or dangerous meteorological conditions, acts of nature, war, military actions, civil unrest, disruption in public utility services, strikes, or revolution. Guests are responsible for securing own personal property, including jewelry and other valuables, as well as the Property, which includes locking all windows and doors before leaving the Property.
Agency continually updates the properties represented on the website and cannot be held liable for any information that has not been updated at the time of the reservation.
If any defective items or hazardous conditions are discovered on the Property, Guest shall immediately inform Agent and avoid such items or conditions until repairs or remedies are enacted.
Guest releases and holds Agent, its officers, directors, employees, independent contractors, representatives and Property Owner harmless from and against all liability and responsibility whatsoever for any injury, loss, expense, damage, or claims, direct or indirect, consequential or otherwise, howsoever or whatsoever caused or incurred, as a result of the use of the Property, its amenities, property’s condition or rendering of services or accommodations as described herein or substituted therefore, or as the result of any changes, delays or substitutions in reservations, services and/or accommodations, or from Guest’s failure to obey laws and/or rules governing use and occupancy of the Property as outlined herein. Guest hereby agrees to indemnify the Agent and the Property Owner from and against any costs, judgments, claims or demands, including reasonable legal fees as a result of any third party actions arising from Guest and persons associated with Guest using the Property and its amenities including but not limited to the swimming pool and/or hot tub.CANCELLATION AND REFUNDS: Once the Property Owner has accepted the Rental Agreement and Agent has signed this Agreement and received Guest's initial payment, cancellations initiated by the Guest may be accepted on the condition that the Property be reserved by another party for the same dates, and will be subject to a cancellation fee equal to 25% of the total amount, plus all applicable State of Hawaii and County of Maui taxes and any applicable concierge service fees for services already rendered (this total is referred to as "Cancellation Fee"). If the Property cannot be re-reserved for any of the same dates, then all amounts previously paid by Guest shall belong to the Property Owner and Agent, as compensation for costs and damages, and Guest shall then be released from any further liability to Property Owner and Agent. If the Property is re-rented for a portion of the originally reserved dates and/or at occupancy rates that are less than the occupancy rates for the originally reserved dates, then the amounts received by the Agent for the new Rental shall be subtracted from the amounts due from Guest for the Cancellation Fee, and the remaining balance shall be refunded to Guest. Note: there are no refunds awarded for late arrivals, early departure, or any unused portion of the reserved date period or unused services as already rendered by Agent. A re-scheduling for future dates that are mutually agreeable to Property Owner, Agent and Guest may be granted. Such re-scheduling is subject to an administrative fee equal to five percent (5%) of the total Rental fee amount. Trip Cancellation Insurance is strongly recommended to protect against unforeseen circumstances.
**Tax not included in nightly rates** Check in time is after 3:00 PM and check out is before 10:00 AM. An early check-in or late check-out is available for a fee. All properties are non-smoking. By state law, occupancy may not exceed what is posted for each home. Maximum occupancy includes infants and children. Due to security reasons, software and or files may not be downloaded by guests on any in-home computer.
I or We (The Guest or Representative acting on Guest’s behalf) acknowledge, by signing and submitting this Reservation Confirmation/Rental Agreement, that I/we understand, accept and agree to the terms, conditions and disclosures described herein. I/We understand that upon the execution of this Agreement by the Agent, this Agreement becomes legally binding under state and federal laws of the United States of America.
Please fax or mail the Reservation Confirmation/Rental Agreement to Luxurious Destinations LLC, to the address shown on the bottom of this page.