Maui Banyan Q-109 Unit A, Studio, Pool Access, Hot Tub, Sleeps 4

Rental Policies Agreement

TERMS & CONDITIONS

Maui Condo and Car, MCW LLC

CHECK-IN TIME 4 PM / CHECK-OUT TIME 10 AM

PAYMENT – A 20% non-refundable deposit is required via credit card for all reservations. Payments on remaining balance can be made by check, money order, cashier’s check, Visa, Mastercard, or American Express. All payments must be designated in U.S. currency. Final payments must be paid 45 days prior to arrival and are non-refundable upon receipt.

CANCELLATIONS – Cancellation requests must be received 45 days prior to arrival to be considered for a partial refund, less the 20% deposit. Reservations paid in full may not be eligible for refunding and may be subject to a cancellation fee.

FALSIFIED RESERVATIONS– Any reservation obtained under false pretense will be subject to forfeiture of advance deposit and/or rental money and the party will not be permitted to check-in.

OCCUPANCY – The LESSEE must be at least 25 years of age and must occupy the property throughout the duration of the reservation. The LESSEE will be held responsible for any violation of this agreement, listed policies, ordinances, rules and regulations, and for any losses incurred by Manager or to the Property due to negligence or vandalism by any and all party(ies) or guests.

PENALTY FOR VIOLATING MAXIMUM OCCUPANCY PROVISION – Violation of the maximum occupancy provision can result in serious health risks directly related to overuse of the sewer. Therefore, in the event the LESSEE allows the premises to be occupied by more than stated maximum occupancy, LESSEE shall be responsible for paying LESSOR the sum of one hundred dollars ($100.00) per person in excess of the stated maximum occupancy per day for each day the LESSEE is in violation. Exceptions may be made with prior written consent of the LESSOR.

POOL AREA – All persons using the pool area to do so at their own risk and sole responsibility. Children under the age of 18 must be accompanied by adults in the pool area at all times. Owners assume no responsibility for any accident or injury in connection with such use. Persons using the pool agree with the Owners for and in consideration of the use of the pool, to make no claim against the owners for or on account of any loss of life, personal injury, or damage to or loss of personal property. Do not hang towels, linens, clothing, or other items on balconies or in the yard.

CREDIT CARD AUTHORIZATION – I understand and consent to the use of the credit card provided without an original signature on the charge slip, and that this Credit Card Authorization cannot be revoked and will not terminate until 90 days after leased premises are vacated. Charges may include: unauthorized long distance telephone and satellite TV charges; damages beyond normal wear and tear to the condo; damage, loss or theft of condo equipment or fixtures; unreturned keys & parking infractions up to but not limited to $1,000.

DAMAGES – A nonrefundable Damage Waiver Fee is required for all reservations. Manager requires a valid Visa, Master Card, American Express or Discover Card number on file in addition to the REPORTED damage to the Rental Property and its contents, not to exceed the amount of coverage (up to $1500.00 of unintentional damage). The Damage Waiver Fee does not cover intentional damage, theft, unauthorized entry into the owner’s supply closet, unauthorized pets, check-out after 10 a.m. on departure day, check-in before 4 p.m. on arrival day, extensive cleaning required at check-out per, smoking, exceeding occupancy limits or parking limits, any reservation made fraudulently by an underage guest, loss of use of the covered property, and any other charges/policies in Manager’s Rental Policies and Rental Agreement including any fines imposed on Manager by the City, County, State or Home Owner Association as the result of violation of any law, ordinance, rule or regulation or any fines or cost levied against Guest or visitors of Guest (“Excess Damage Costs). Guest will be notified of any Excess Damage Costs in writing. Any Excess Damage Costs will be also charged immediately to the Guest’s credit card. Guest, by signing below, assumes full responsibility for any items found to be missing and any damage due to misuse, negligence or action on Guest’s or Guest’s visitors part, except in the case of normal wear-and tear reported to Manager within 24 hours of Check-in. Please never relocate or rearrange furniture or furnishings during your stay.

NOISE AND DISTURBANCE – LESSEE and/or their guest(s) shall not disturb, annoy, endanger, or inconvenience neighbors, nor use the premises for any immoral or unlawful purposes, nor violate any law or ordinance, nor commit waste or nuisance on or about the premises. Loud music systems and other disruptive noises are not permitted.

WASTE REMOVAL AND SANITATION – LESSEE agrees that during the term of this lease and such further time as he/she occupies the premises, he/she will keep the leased premises clean and free of trash, garbage, and other waste; and all pipes, wires, glass, plumbing and other equipment and fixtures in the same condition as at the beginning of, or may put in during the term of the lease; reasonable wear and tear and damage by unavoidable fire and casualty only exception.

PETS ARE NOT PERMITTED in rental units under any conditions.

NON-SMOKING POLICY – State Law prohibits smoking in all areas open to the public, including, but not limited to, restrooms, lobbies, reception areas, hallways, bars, vacation rental rooms & lanais, restaurants, retail service establishments and retail stores. All accommodations provided by LESSOR are NON-SMOKING. LESSEE will be assessed a smoke/odor elimination fee of $475 for smoking, permitting smoking, or otherwise causing the odor of smoking in accommodations managed by Maui Condo and Car.

DRUG USE – LESSEE agrees that any tenant who is found using drugs or allows others to use drugs on the premises will be immediately denied occupancy at these premises.

INDEMNIFICATION AND HOLD HARMLESS – Guest acknowledges and understands that each and every guest or guardian is solely responsible for any property damage, accident, injury, or loss sustained by any person while in-residence and neither the Agent nor the Owner accepts legal or financial responsibility. Guests and guardians assume all risk of injury or other losses resulting from the use of residence or any other recreational activity while staying at the residence and will hold the Agent and/or Owner harmless with respect hereto. Guests hereby agrees to indemnify and hold the Agent, Employees, Officers, Contractors and/or Property owner harmless from any claims, including those of third parties, arising out of or in any way a result of guests use of the premises or items therein.

LESSEE agrees to indemnify and save LESSOR harmless from all liability, loss or damage arising from any nuisance or harm made or suffered on the leased premises by the LESSEE, tenants, or guests or from any carelessness, neglect, or improper conduct of any persons entering, occupying or visiting the leased premises.

LESSEE agrees that he/she shall not paint or make alterations to the property, including adding to or changing existing locks, without the LESSOR’S written consent.

Upon not less than 24 hours’ notice, LESSEE shall make available to LESSOR or his agent for the premises of entering to make necessary or convenient repairs and to show the premises to prospective tenants. In an emergency, LESSOR or his agent may enter the premises at any time without securing prior permission from LESSEE.

LESSEE may not let, sublet or assign this lease for all or any part of the premises without prior consent of the LESSOR.

If LESSEE abandons or vacates the premises, LESSOR may at his option terminate this lease, enter the premises, and remove all property.

In the event that any action shall be commenced by either party arising out of, or concerning this lease or any right or obligation derived there from, the prevailing party shall be entitled to receive attorney’s fees as fixed by the Court in addition to all relief at law or equity.

Either party may terminate this lease in the event of a violation of early provision of this lease by the other party in the manner and as provided by law.

LESSEE assumes full responsibility for fulfilling the terms of the lease for the period stated and assures the LESSOR full recourse for the payment of any amount outstanding from the total amount due in accord with the terms as stated above including any outstanding or unpaid charges that are the responsibility of LESSEE.

LESSEE assures the LESSOR that the tenants will observe all conditions and terms of this lease as to maintaining the premises in good order and appearance and will conduct themselves in a manner inoffensive to neighbors.

LESSEE assures the LESSOR that any tenant who violates any of the terms of this Lease shall be immediately denied occupancy and shall remedy any damages or other expenses, which are caused by the tenant and/or the tenant’s guest(s).

The Policies and Procedures above are meant to protect our guests and owners alike. All guests and owners are required to conform to all Policies and Procedures.

PRIVACY POLICY – Maui Condo and Car respects the privacy of every individual who uses our website. We only process and use the data obtained through this site for the specific purposes you’ve authorized for your transaction, based on the rental agreement for your reservation. We do not sell customer information to third parties.

Confirming your reservation is deemed acceptance of the terms and conditions.

09/28/2017 8:26 am

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