Maui Gold Condos Terms and Conditions
Each 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:
RENTAL AGREEMENTupdated 11/2019
Please see property House Rules for additional disclosures, property checkin and checkout times, and specific details regarding property amenities for the unit you have reserved.
ALOHA, we look forward to having you as our guest!
Please review this Rental Agreement ("Agreement") in its entirety. It will govern your rental arrangement and legally binds you ("guest") to the terms set forth below. This rental is conditioned expressly upon your acceptance without modification of the terms, conditions, and notice requirements set forth below. RESERVING WITH MAUI GOLD CONDOS LLC AND MAKING YOUR PAYMENT, CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS, CONDITIONS AND NOTICE REQUIREMENTS, INCLUDING THE CANCELLATION AND NO REFUND POLICY.
ACCEPTANCE & PAYMENT TERMS
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 or your reservation.
It is strongly recommended that Guests purchase trip cancellation/travel insurance. Because the unforeseen and unexpected can occur before you leave or when you are away from home, we strongly recommend all guests purchase trip cancellation/travel insurance.
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 LLC. 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, a pro-rata refund will be made for those dates re-booked. If the unit is rented at a lower rate or for only some of the cancelled nights, the guest will only be refunded at the rate received for the re-booking. All refunds of rental services payments, whether complete or pro-rata, will be subject to a $100.00 cancellation fee. Processing fees and any travel insurance are non-refundable. To protect against cancellations caused by certain unforeseen events, such as illness, we recommend that Guests purchase trip cancellation/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. Acceptance of any CHANGE is subject to approval by Maui Gold Condos LLC. 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.
HURRICANE/TROPICAL STORM/TSUNAMI CANCELLATION AND REFUND POLICY: A Reservation Agreement is not invalidated by inclement weather unless a Tsunami, Tropical Storm or Hurricane mandatory evacuation ordered by federal, state, or local authorities occurs. If a mandatory evacuation order is issued, we will refund; A) a prorated refund for each night that the guest is unable to occupy the property due to a mandatory evacuation order; B) for guests scheduled to arrive that shorten their stay to arrive after the mandatory evacuation is lifted, a prorated refund for each night of the mandatory evacuation order will be refunded; C) Once a mandatory evacuation has been lifted, if Maui Gold Condos LLC staff assesses and determines the property uninhabitable or inaccessible due to closure of roads, a refund of any unused nights of the scheduled stay will be provided. If the property is deemed to be habitable and accessible by Maui Gold Condos LLC staff and is able to be re-occupied for the remainder of your scheduled stay, no refunds (other than for any nights unable to be occupied due to a mandatory evacuation order) will be provided.
PLEASE NOTE THAT A GUEST’S DECISION TO CANCEL OR SHORTEN THEIR STAY DUE TO A TROPICAL STORM OR HURRICANE IN THE AREA OR A TROPICAL STORM OR HURRICANE WATCH OR WARNING WHEN NO MANDATORY EVACUATION HAS BEEN ISSUED BY FEDERAL, STATE, OR LOCAL AUTHORITIES WILL RESULT IN FORFEITURE OF ANY AND ALL COLLECTED MONEY AND NO REFUNDS WILL BE PROVIDED. THE PURCHASE OF TRIP CANCELLATION/TRAVEL INSURANCE IS STRONGLY RECOMMENDED.
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 or any ordered cable shows or pay-per-view 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 shall be liable in the event of damages to and/or loss of items from the rental and excessive cleaning. You hereby authorize Maui Gold Condos LLC to apply such Security Deposit to pay for such items or, for properties without a SECURITY DEPOSIT, to bill you for any such items such as long distance phone calls, unpaid expenses for services rendered to Guest, damaged or missing property, etc. Guest hereby agrees that any pertinent bills shall be paid in full within 30 days.
* 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. UNAPPROVED LATE CHECKOUTS OF LESS THAN ONE DAY WILL BE CHARGED THE EQUIVALENT OF THREE (3) DAYS FULL DAYS RENT.
*Guest understands that on rare occasions a property may become unavailable for the dates reserved due to the property being sold or removed from rental use, or due to the need for extensive repairs or maintenance, or similar events beyond our control. In the event the property is not available for the reserved dates, Maui Gold Condos LLC will use its best efforts to provide a substitute vacation accommodation. When comparable accommodations are not available, Guest will have the option of selecting from available properties at the published rate or receiving a complete refund of your reservation payment and Maui Gold Condos LLC and Guest shall thereafter not have any liabilities or obligations to the other arising out of the unavailability of the rental property.
*Guest acknowledges that the rental owner and/or their agent retain the right to enter the rental for any reason during emergencies such as suspected or reported plumbing leaks, fire/water or other alarm going off, complaints from association or neighboring units, etc.
*All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction and venue of the Hawaii State courts of Maui 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.
*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.
*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.
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 property are allowed on the rental property at any time.
* The actual number of adults and children, including any infants, staying at the rental must be accurately listed on your reservation.
* Quiet hours for each location must be abided by. Loud amplified music is not allowed at any time. Noise complaints will be deemed by Maui Gold Condos LLC as a breach of this Agreement and may lead to cancellation without refund.
* The rental shall be in the same condition upon departure as at check-in, normal wear and tear excepted.
* Guest may not sublet or assign this Agreement.
* Guest must immediately notify Maui Gold Condos LLC 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 abide by the House Rules of the Owner and/or the Condominium Association.
* Guest shall not bring any pets into the rental or onto the rental property.
* Guest understands that Maui Gold Condos LLC 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 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. Maui Gold Condos LLC will take reasonable and appropriate steps to remedy the problem(s) as soon as possible. Maui Gold Condos LLC, condomimium association personnel, or authorized repairman may enter the premises to repair such equipment. Refunds will not be issued due to malfunctioning equipment including internet access or cable TV. This includes any closed amenity such as pools, hot tubs, tennis courts, parking lots, fitness centers, etc.
* Non Smoking Properties: Hawaii is now a non smoking state. All condos are non smoking inside and outside. If there is any evidence of smoking within the property, you are responsible for the additional expenses for the restoration of the property. There is a minimum $475 smoke elimination fee.
* Lost or Stolen Items: Maui Gold Condos LLC 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 and do not leave valuables in plain sight
* Guest understands that there are certain risks inherent to persons and property regarding pool use, ocean use, unit and/or lanai (patio) railings, security issues, etc. Children should be supervised at all times and extra precautions taken when there are waves on the beaches- do not turn your back to the ocean! Guest acknowledges that the Owner would not rent this rental unless the Guest accepted these conditions and assume these risks.
* Lost or Stolen Items: Maui Gold Condos LLC is not responsible for any personal items which may be lost or stolen from your rental or vehicle. Always lock all of the doors and windows when you leave the property. Do not leave your valuables in plain sight within the unit or in your vehicle.
* ANTS, BUGS, RODENTS and GECKOS/LIZARDS: Pests are a reality in tropical Hawaii, especially during the summer months, and you WILL undoubtedly encounter some of our local pests during your stay, regardless of the season. Some critters, like the enormous American Cockroach, can even fly inside from their nests outside. We do our best to keep the pests away – each condo is professionally cleaned after every rental and receives quarterly pest control treatments. As creepy as they may make you feel, roaches or line of ants in this part of the world is a fact of life and does not mean the property has been poorly maintained. 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 any pest issues 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 LLC via the email and or phone number listed in the rental unit's directions and entry instructions. Owner and Maui Gold Condos LLC 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. Please do not wait until your last day or after checkout to present us with a list of issues at the property!
**** AS A REMEDY FOR VIOLATION OF ANY OF THE STATED CONDITIONS OF RENTAL IN THIS AGREEMENT, Maui Gold Condos LLC HAS THE RIGHT, BUT IS NOT LIMITED OR REQUIRED TO, TERMINATE THIS AGREEMENT AND EVICT THE GUEST FROM THE RENTAL WITHOUT ANY REFUND.
Conflict with landlord tenant code and other laws. If it is found that any part of this Rental Agreement or its terms conflict with the Landlord Tenant Code or any other Federal, State, or County laws governing landlord-tenant relations, public health and safety, etc., then those laws will control; however, all other terms and conditions will still be valid and must be obeyed.
Maui Gold Condos LLC acts only as an intermediary for the owners providing accommodations, transportation and services to Guest. Under no circumstances shall Maui Gold Condos, managing agents including Hawaii Gold Properties, 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 LLC. Additionally, Maui Gold Condos LLC, 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 LLC 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 LLC 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 LLC 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.
Guest acknowledges that, if all rental monies have been paid, the maximum recourse the Guest has against Maui Gold Condos LLC for any alleged breach of this Agreement is the amount of the rental paid or to be paid to Maui Gold Condos LLC 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.