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Maui Gold Condos Terms and ConditionsEach of our properties has its own property-specific Terms and Conditions/Rental Agreement which can be viewed on the individual property's page by clicking on the yellow "Instant Quote" button on the unit's webpage. Here are some common terms and conditions for many of our properties:
TERMS AND CONDITIONS OF RENTAL
*Please note that all online bookings are subject to review/approval and may be cancelled and deposits refunded within 48 hours should your reservation not be accepted. In addition, all units are subject to availability, which may change at any time, and all rates quoted are also subject to change at any time. Many units also have additional charges for extra guests (over 2 guests in studio/1-bedrooms, 4 guests in 2-bedrooms, or 6 guests in 3-bedrooms) or for stays of less than 7 nights, so please check with us prior to booking online if you will be over the normal occupancy or staying for less than 7 nights.
If your required payment is a deposit, the balance of your full payment is due 60 days prior to the commencement date of your rental period. By authorizing payment via credit card you are authorizing Maui Gold Condos to charge your credit card the balance of the total charges 60 days prior to the commencement date of your rental period. If you book your rental less than 60 days in advance of your stay, we will charge your full payment immediately by credit card or you must otherwise arrange for payment immediately or your reservation will not be accepted. If a balance payment is to be made, a confirmation notice will be sent to you via email to confirm receipt of payment.
FAILURE TO MAKE FINAL PAYMENT ON A TIMELY BASIS WILL RESULT IN THE AUTOMATIC CANCELLATION OF YOUR RESERVATION AND LOSS OF ANY DEPOSIT PAID PURSUANT TO THIS AGREEMENT'S CANCELLATION AND NO REFUND POLICY
It is strongly recommended that Guests purchase travel insurance. You are a valued Guest and we want to do everything possible to make your trip enjoyable and worry free. Because the unforeseen and unexpected can occur before you leave or when you are away from home, we recommend CSA's Guest Cancellation Insurance Plan. For more information on what this insurance covers please Click Here.
CANCELLATION AND NO REFUND POLICY
CANCELLATION after confirmation of booking, which includes a Guest's decision not to stay at a rental upon arrival, results in forfeiture of any and all collected money, except the Guest's security deposit and cleaning fee (if applicable) if full payment has been made. The security deposit and pre-paid cleaning fee are not part of the deposit to hold the rental. The security deposit and pre-paid cleaning fee (if applicable) are included in the balance payment, therefore, the total deposit will be forfeited if you cancel after confirmation of booking. Collected money is non-refundable unless the rental unit becomes unfit for habitation as deemed by Owner and/or Maui Gold Condos. Under no circumstances shall Guest be able to determine if a rental unit is unfit for habitation. However, after cancellation for any reason, if a portion of the rental time is re-booked at the same rate, a pro-rata refund will be made for those dates re-booked. All refunds of rental services payments, whether complete or pro-rata, will be subject to a $200 cancellation fee. Reservation fees, processing charges, and travel insurance are not refundable. To protect against cancellations caused by certain unforeseen events, such as illness, we recommend that Guests purchase travel insurance to assure refund of deposits/payments paid.
CHANGES refer to lengthening and/or shortening stay or altering dates by a few days, not moving the entire reservation to a different set of dates, which is considered a cancellation. Once booked, CHANGES may not be possible, especially shortened stays if the unit has reservations backing up to your existing reservation arrival and/or departure days as any new gaps created would be therefore be unbookable. Acceptance of any CHANGE is subject to approval by Maui Gold Condos. Any approved CHANGES made to a booking after a confirmation has been issued may be assessed a $200.00 service fee (only some properties have this change fee- please inquire in advance if you are concerned about date changes).
GENERAL TERMS, CONDITIONS AND DISCLOSURES
A SECURITY DEPOSIT is required for some properties to cover damage to and/or loss of items from the rental, long distance telephone calls not billed to credit cards or a third party, and /or excessive cleaning (as determined by housekeeping upon your departure) i.e. excessive trash disposal, excessive laundering, upholstery or carpet shampooing, etc. For rentals where a SECURITY DEPOSIT is not required, Guest authorizes Maui Gold Condos to charge Guest's credit card in the event of damages to and/or loss of items from the rental and excessive cleaning. You hereby authorize Maui Gold Condos to apply such Security Deposit to pay for such items and to charge you via credit card, if applicable, or by written bill for any such items beyond the security deposit outlined in this agreement, such as long distance phone calls, unpaid expenses for services rendered to Guest, damaged or missing property, etc. Any private phones in a rental unit are for your convenience. Please charge all long distance calls to a credit card or third party. If there are no damages or losses, your security deposit will be returned within 30 days after your departure.
TOTAL RENTAL CHARGES under this Agreement do not include greeting, baggage handling, daily maid service (unless noted), gratuities, long distance telephone charges, car rental, airfare, food, liquor, laundry, personal items, excessive cleaning upon departure as defined above.
ALL RATES are quoted on a per night basis for no more Guests than the maximum occupancy listed. Additional Guests must be disclosed to and agreed to IN WRITING by Maui Gold Condos. Verbal confirmation by Maui Gold Condos will not be given for additional Guests.
Exceptions to CHECK-IN and CHECK-OUT times must be approved in writing by Maui Gold Condos. In the event of holdover by Guest beyond the departure date set forth in this Agreement, Guest shall pay an amount equal to three (3) times the daily rate for each and every day of such holdover. LATE CHECKOUTS OF LESS THAN ONE DAY WILL BE CHARGED THE EQUIVALENT OF ONE FULL DAYS RENT.
Guest understands that the owners of these rentals retain the right to sell their rental at any time. In the event the vacation accommodation is sold by the owner, Maui Gold Condos will use its best efforts to provide a substitute vacation accommodation to the Guest of equal or greater value, up to 100% of the value of the original agreement. If Maui Gold Condos is unable to find such accommodations, then at Maui Gold Condos or Guest's option this Agreement shall be cancelled and terminated and Maui Gold Condos shall refund to Guest all payments made by Guest under this Agreement, and Maui Gold Condos and Guest shall thereafter not have any liabilities or obligations to the other arising out of the unavailability of the rental property and/or Guest's travel arrangements.
Guest acknowledges that the rental owner and/or their agent retain the right to enter the rental for any reason, including the showing a prospective buyer the rental, by giving Guest at least 48 hours notice of such showing.
Guest agrees and acknowledges that this rental arrangement is not subject to the residential landlord/tenant code of the state in which this rental is occuring (such as the Hawaii Revised Statutes chapter 521) since this is not a long term residential rental.
All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction and venue of the Hawaii State courts of Honolulu County, Hawaii, (or, if there is exclusive federal jurisdiction, the United States District Court for Hawaii) and the parties consent to the personal and exclusive jurisdiction and venue of these courts.
Affect of Cancellation. If this contract is cancelled for any reason, Guest no longer reserves the right to stay at the booked accommodation. However, this contract remains a legally binding contract and Guest agrees the CANCELLATION AND NO REFUND POLICY and applicable sections of the GENERAL TERMS, CONDITIONS AND DISCLOSURES and CONDITIONS OF RENTAL, and the ADDITIONAL DISCLOSURES section remain in full force and affect.
Severability. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement.
CONDITIONS OF RENTAL
* Reservations are for quiet residential vacation accommodations only. Therefore, parties, receptions, luaus, events, and gatherings of any kind are strictly prohibited. No additional people beyond the maximum occupancy of the house are allowed on the rental property at any one time, unless disclosed to and agreed upon by Maui Gold Condos in writing.
* The number of adults and children staying at the rental must be listed on the reservation. If the number of the Guests in your group changes after reserving, this must be communicated in writing to Maui Gold Condos and approved by Maui Gold Condos and any additional guest fee(s) paid. Maui Gold Condos does not verbally confirm additional Guests. Additional Guests must be approved by Maui Gold Condos in writing and a revised reservation confirmation with the new guest count issued. Additional Guests staying at the property beyond those listed on the reservation are not permitted and will result in an additional fee of $100 per person/per night or, if over the maximum occupancy for the property, immediate cancellation without refund.
* Guest's reservation is accepted for one family or group of individuals for this accommodation only and, unless disclosed to and agreed upon by Maui Gold Condos will not be used in combination with other accommodations.
* Quiet hours are from 8pm until 8am. Guest's use of the rental is subject to local noise ordinances, therefore loud amplified music is not allowed. Noise complaints are subject to local law enforcement intervention. Law enforcement intervention will be deemed by Maui Gold Condos as a breach of this Agreement and may lead to cancellation.
* The rental shall be in the same condition upon departure as at check-in, normal wear and tear excepted. Excessive cleaning as defined above will result in an extra fee.
* Guest may not sublet or assign this Agreement.
* Guest may cook only in areas specifically designated for cooking in the rental.
* Guest must immediately notify Maui Gold Condos of any fire or other damage or injury to the rental or any person on the rental property.
* Guest shall be liable for all acts of the family, invitees, employees, or other persons invited onto the rental property by Guest.
* Guest shall be responsible to return all keys and gate or garage door openers upon departure. Lost keys or openers will be charged to the guest, usually $25 per room key and $25 per pool key.
* Guest shall abide by the House Rules of the Owner and/or the Condominium Association as provided to Guest upon check-in.
* Guest shall not bring any pets into the rental or onto the rental property.
* Guest understands that Maui Gold Condos cannot guarantee that adjacent properties will be free from disturbances and/or not be under construction, being repaired or maintained in any way, or that State construction projects will not be in progress around the rental unit. Construction on adjacent properties or construction conducted by the State is not reason for termination of this agreement, nor is it a reason for the refund of any monies to Guest.
* Equipment occasionally malfunctions and cannot be guaranteed 100% of the time. Agent will correct any problem(s) as soon as possible. An authorized repairman may enter the premises to repair such equipment. Refunds will not be issued due to malfunctioning equipment including internet access. This includes any closed amenity such as pools, hot tubs, tennis courts, weight rooms, etc.
* Non Smoking Properties: Hawaii is now a non smoking state. All condos are non smoking inside and outside. You are only able to smoke at least 20 feet away from any door or window opening. If there is any evidence of smoking, you are responsible for the additional expenses for the restoration of the property.
* Lost or Stolen Items: Maui Gold Condos is not responsible for any personal items which may be lost or stolen from your rental. Always lock all of the doors and windows when you leave the property (even if you are not on the ground floor). Do not leave your valuables in plain sight - remember this is paradise, not heaven...
* Guest understands that insects, rodents and lizards unfortunately flourish in tropical environments. If Guest's rental is in a tropical climate you will undoubtedly encounter these pests during your stay. Guest understands that owners make their best efforts to hold to an absolute minimum your interaction with these pests. Contact with a pest inside or outside of your rental is not reason for termination of this Agreement nor is it a reason for a refund of your monies. Please contact us immediately should you have a pest issue so that we can remedy it as quickly as possible.
* Any issues Guest has with the rental must be reported immediately to Maui Gold Condos via the email and or phone number listed in the rental unit's directions and entry instructions. Owner and Maui Gold Condos have a reasonable amount of time to restore rental to acceptable conditions. Any issues presented after check out can not be remedied and are not cause for compensation to Guest.
* Guest shall not permit any use of a pool or Jacuzzi by unsupervised children or other Guests, and shall keep pool gates closed at all times. Guest and other invitees shall use the pool and Jacuzzi at their own risk.
* Guest understands that there are certain risks inherent to persons and property located adjacent to the ocean or to a golf course. Guest acknowledges that the Owner would not rent this rental unless the Guest accepted these conditions and assume these risks.
**** AS A REMEDY FOR VIOLATION OF ANY OF THE STATED CONDITIONS OF RENTAL IN THIS AGREEMENT, Maui Gold Condos HAS THE RIGHT, BUT IS NOT LIMITED OR REQUIRED TO, TERMINATE THIS AGREEMENT AND EVICT THE GUEST FROM THE RENTAL WITHOUT ANY REFUND OF COLLECTED MONEY AND MAY KEEP ALL OR ANY PORTION OF THE SECURITY DEPOSIT
Maui Gold Condos acts only as an intermediary for the owners providing accommodations, transportation and services to Guest. Under no circumstances shall Maui Gold Condos, managing agents, owners of rental, and/or their respective employees be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise whatsoever, caused or incurred whether arising in contract, or otherwise in law or equity as a result of rendering of the services or accommodations as described in this Agreement or as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the services or accommodations arranged by Maui Gold Condos. Additionally, Maui Gold Condos, managing agents, rental owners, and/or their respective employees shall not be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise caused by reason of military actions, acts of God, or by any agents, employees, subcontractors, servants or services as provided or substituted. Maui Gold Condos at all times will act in good faith and use its best efforts when required under this Agreement to substitute with accommodations or services of a type comparable to those contracted. Maui Gold Condos reserves the right to refuse or discontinue service to any person(s) and/or to rescind any contract for accommodations or Guest services and Maui Gold Condos will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. Maui Gold Condos, managing agents, rental owners, and/or their respective employees are not responsible for theft or damage of personal property and no refunds will be given for any such occurrences. Guest and all occupants have been advised not to leave personal articles in locked vehicles, even if in the trunk; to always lock their vehicle; to always secure the rental. If renting mopeds, bicycles or any vehicles, Guests are strongly encouraged to arrange for additional insurance, which provides adequate protection in the event of damage or theft arising out of such activities.
Guest acknowledges that, if all rental monies have been paid, the maximum recourse the Guest has against Maui Gold Condos for any alleged breach of this Agreement is the amount of the rental paid or to be paid to Maui Gold Condos arising out of this Agreement.
RIGHT OF SUBSTITUTION
We reserve the right to substitute comparable accommodations without notice or liability should the unit become unavailable for any reason. When comparable accommodations are not available, renter will have the option of selecting from available properties at the published rate or receiving a complete refund of the reservation deposit.
The above rental information, while deemed reliable, is not guaranteed. Although every precaution is taken by Maui Gold Condos LLC, errors in price and descriptions can occur. Rates, descriptions and availability are subject to change without notice. Changes in bedding, furnishings, inventory, amenities, and or decor occur from time to time and such changes will not void or alter the terms of the rental and is not a valid reason for cancellation.