This agreement constitutes a contract between the guest(s) and Kauai Exclusive Management LLC.
Please read this Vacation Rental Lease/ Contract Agreement thoroughly.  Any monies received by Kauai Exclusive Management LLC, for occupancy of vacation property indicates the acceptance of the terms and conditions of this Vacation Rental Lease Agreement. It is the responsibility of the guest(s) to be familiar with all policies within this agreement. This rental agreement is entered into by and between the renter, hereinafter referred to as “Guest”, and Kauai Exclusive Management LLC, hereinafter referred to as “Agent”.

“Kauai Exclusive Management” and “Guest(s)” agree as follows:

1. Reservation Requirements
• Reservations are not considered “guaranteed” until a signed rental lease agreement and payment of 25% (to be charged immediately) of the total rental fee including tax, are received by Agent at the appropriate office.
• Confirmation of reservation will be emailed, faxed or mailed to guest(s) upon receipt of the reservation advance payment. Please read the confirmation for accuracy of dates, occupancy and accommodations. Any errors must be directed to the reservations department immediately.
• All reservations that need date and/or property change are subject to a non-refundable $25 rescheduling fee per change. All changes must be made 30 days prior to arrival and are limited to availability.
• We will not rent to vacationing students or singles under 25 years of age unless accompanied by an adult guardian or parent.
• Agents reserve the right to change rental assignment to a comparable unit without prior notice or liability in the event of a sale of the rental property, or if the unit becomes damaged or unavailable.

2. Cancellations and Refunds
• All Cancellations must be in made in writing via Letter, Fax or Email
• You may cancel 60 days prior to your reservation date to get a refund. A refund of your monies paid less a $50 service charge will be returned to you within 30 days of cancellation written notice.
• Cancellations less than 60 days prior to arrival will result in forfeiture of entire rent plus taxes unless the property can be rented for an equal or greater amount.
• No-Shows or reservations that are not honored will result in forfeiture of entire rent due
• Early departures does not warrant any refund
• Cancellations due to exceptional circumstances will be dealt with on an individual basis and will be at the sole discretion of Kauai Exclusive Management LLC.
• Monthly renters must cancel (120) days prior to check-in.
• No refunds or rent reductions will be made due to failure of appliances or equipment. Agents cannot guarantee against mechanical failure of heating, air conditioning, hot tubs, TV’s, Satellite, VCR’s, DVD’s or other appliances. Please report any inoperative equipment to our office immediately.
• Neither Owner nor Agent shall be liable for events beyond their control which may interfere with guest(s) occupancy, including but not limited to Acts of God, acts of government agencies, fire, strikes, war, or inclement weather. No Rebate or refund will be offered in these circumstances.
• Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit, and/or rental money and the party will not be permitted to check in.

3. Payment
• Accepted forms of payment: MasterCard, Visa, Discover, American Express, and Certified Checks. A Certified Check is accepted 30 days prior to your arrival.
• All outstanding rents must be paid in full 60 days prior to your check-in
• All rates are subject to local taxes including Hawaii State General Excise tax 4.167% and Hawaii transient accommodation tax 7.25%
• Rates are subject to change without notice prior to booking    

4. Check in Procedures
• Check in time is after 3pm on the day of your scheduled reservation
• With your confirmation of reservation you will be given your check in procedures
• Please call in advance if check in will be after 6 pm so that arrangements can be made
• Maximum Occupancy of guests per condominium is limited to (6) people. An additional charge of $30 per person per night for additional guests will be assessed.
• NO PARTIES ALLOWED!!

5. Check out Procedures
• Check out time is before 10 am
• If you need a later time please request to book an additional day to guarantee your late check out
• Before departure leave any keys or key codes in room, shut off appliances and lights

6. Guest(s) Responsibilities
• All resort properties, inside and outside, are NON SMOKING
• Please turn off lights when you leave the condominium. Kauai has the highest electricity rates in the nation and we appreciate you helping us conserve.
• Pets are not permitted on any resort properties

UPON DEPARTURE:
a. Place rubbish, debris and discards in trash room down the hall.
b. Place soiled dishes in the dishwasher or sink
c. Place all keys on the granite kitchen counter
d. Turn off lights, AC power button and lock all doors.

DAMAGE FEE: An additional fee of up to $500 may be charged for the following:
a. Damage to condominium or its contents, beyond normal wear and tear.
b. Additional expenses and cleaning due to smoking in our condominium or lanai, contraband, pets, collection of rents or services rendered during the stay or unpaid accrued charges during the stay.
c. Lost or damaged linens and unreturned pool towels.
d. Early check-in or late check-out.
e. The renter is evicted by the owner (or representative of the owner), the local law enforcement, or the security company employed by the resort or property.
f. Damaged property, missing property, or extensive cleaning in excess of the $500 damage fee will be billed to the guest.

LOSS OF PERSONAL BELONGINGS: The property owners are not responsible for loss of personal belongings or valuables of guest. We advise you not to bring expensive jewelry and other be-longings to Kauai. Do not leave personal belongings in your car or on the beach unattended.

7. Cleaning
• Daily cleaning is not included
• Rentals longer than 7 days will have a mid-stay tidy including new towels, light dusting, vacuuming and sweeping of high traffic areas, wiping of counters and a load of dishes.
• All rentals are charged with a one time check out cleaning fee
• Any additional cleaning can be added at your request
• A basic supply of linen is provided in each property. Bed and bath linens are not exchanged during your stay.
• The start up set of bath soap, toilet paper, paper towels and trash bags are not replenished.

8. SAFETY
• Natural beauty surrounds Kauai but weather, surf, currents, ocean and land conditions may be unpredictable. Please use caution in the ocean and in any bodies of water, including the property’s pool, and while hiking you are responsible for your own safety and the safety of your family. Any ocean equipment provided with the condo, such as body boards and snorkels, and island guide books are for your enjoyment and to be used at your own risk. Fins are recommended for body boarding, snorkeling and swimming. Lifeguards are great resources for current ocean conditions. We also recommend checking http://www.kauaiexplorer.com/ocean_report/.

**WRITTEN EXCEPTIONS: Any exception to the above mentioned policies must be approved in writing in advance**

WAIVER OF LIABILITY    
KAUA`I EXCLUSIVE MANAGEMENT, LLC acts as a marketing and rental agent for homeowners, suppliers and contractors. Under no circumstances shall KAUA`I EXCLUSIVE MANAGEMENT, LLC be responsible for any loss, expense, damages, claims, or injury, direct, indirect, consequential or otherwise whatsoever, howsoever caused or incurred whether arising in contract or otherwise in law or equity as a result of your use of the Property or of any delay(s) substitution(s), rescheduling(s) or change(s) in the provision of services or accommodations by KAUA`I EXCLUSIVE MANAGEMENT, LLC or its agents, employees, owners and/or  subcontractors.

AGREEMENT TO INDEMNIFY
KAUA`I EXCLUSIVE MANAGEMENT, LLC, in its sole and unfettered discretion, reserves the right to refuse or discontinue service to any person(s) and/or to rescind any contract for accommodation or guest services.  You agree to hold KAUA`I EXCLUSIVE MANAGEMENT, LLC and JOSHUA P. RUDINOFF harmless from any liability or expense arising from your use of the property, including use by all occupants, invitees, and others, and you further agree to indemnify KAUA`I EXCLUSIVE MANAGEMENT, LLC and JOSHUA P. RUDINOFF for all claims, costs, expenses, including attorney’s fees, and/or damages incurred by KAUA`I EXCLUSIVE MANAGEMENT, LLC, its agents, employees, successors and assigns, and JOSHUA P. RUDINOFF, his agents, employees, successors and assigns, directly or indirectly, as a result of your use of the property including use by all occupants, invitees, and others, or your breach of this agreement.

CREDIT CARD AGREEMENT
    I am providing my credit card number as a guarantee of payment to Agent. I agree to pay all rent and charges related to property rental. I accept all terms of the lease agreement and accept all liability for rent and charges related to property rental, as well as any damage beyond normal wear and rear during the term of my lease with Agent. I understand that these costs will be charged to my credit card. In the absence of another payment arrangement, I authorize Agent to charge my credit card for payment of these items.

By checking the box you are agreeing to the terms.