LEGAL STUFF

THE LEGAL STUFF

The Legal Stuff is a document that outlines the Terms, Conditions, Rental Agreement and House Rules for properties owned and operated by LHS Commercial, LLC with trade name and doing-business-as name of “Go To Kihei” hereinafter referred to as Owners, Us, We, Our, Host, Manager or Landlord where You, The Renter, The Guest, agree to the following when renting Our Property, Unit, House, or Home:

HOUSE RULES
and
PROCEDURES

FIRST – SEND US AN EMAIL. After Your reservation is accepted, please make sure You have a phone number in Your profile, and PLEASE send me a quick email indicating Your flight arrival and Your flight departure times. Thank You in advance for doing this very important step.

KEYLESS ENTRY. Your code to enter is totally unique to You, so You can feel extra safe. If You are using Airbnb, VRBO, and home-sharing, then You will find detailed driving directions and check in procedures on Your Airbnb, VRBO, and home-sharing page under the heading “My Trips.” This section will also tell You Your access code to enter.

CHECK-IN is anytime AFTER 4PM.

CHECK-OUT is anytime BEFORE 10AM.

UNAUTHORIZED EARLY CHECK-INS AND/OR UNAUTHORIZED LATE CHECK-OUTS ARE NOT PERMITTED. A fee of $100 or more will automatically be deducted from the security deposit for guests entering the Property early or not departing the Property on time.  In addition, $100 or more early check-in and/or late check-out fee will also be assessed for EVERY HOUR guests occupy the Property outside the posted policies as this negatively affects cleaners, maintenance, pest control services, and may also disrupt future guests’ schedules.

DO NOT GET LOCKED OUT. Some of Our Properties are located within a main entrance. You may need an Access Key or Access Card to gain access into the main building if and where applicable. For Your safety as well as other residents on The Property, the outside doors lock between the hours of 11PM and 6AM where and when applicable. If the building requires an Access Key or Access Card, then entrance during these times WILL REQUIRE Access Keys or Access Cards. WHEN AND WHERE APPLICABLE PLEASE ALWAYS TAKE YOUR BUILDING ENTRANCE ACCESS KEYS/CARDS WITH YOU AFTER HOURS, so You are able to get back inside without any delays. Key card access is not applicable for Our Properties with external-only access.

NO NEED TO CHECK-IN AT THE FRONT DESK. At most of our Homes, checking in at the front desk is not a requirement. If You arrive at the complex BEFORE 11PM, You can go straight to the Unit. You will be able to quickly and easily get right into the Property using Your personal access code. At some of the units a parking permit is required where you will need to check-in at the front desk and give your reservation details before receiving a parking permit where applicable. If you are unsure if you require checking-in at the front desk or not, please contact Us.

SECURITY ASSISTANCE IF ARRIVE LATER THAN 11:00PM. At some of our Homes, Guests arriving AFTER 11PM must go to the Front Desk to obtain Security Assistance into the Property. If no Officer is visible, guests can use the phone provided on the wall to call Security, who is on-site 24 hours a day, where applicable and available. Please tell them You are staying in This Property with the specific Unit’s address number. You may need to show them Your Airbnb, VRBO, and home-sharing confirmation.

THE BUILDING ENTRANCE ACCESS CARDS where and when available some Access Cards contain a magnetic strip that sometimes loses its programming, especially if it gets wet. If Your Access Cards does not work, the Front Desk can quickly and easily reset it for You. If the Front Desk is closed, and if Security is available, then they will help you.

LEAVE BOTH BUILDING ENTRANCE ACCESS KEYS Some of our Homes have Access Keys in the form of key cards, key fobs, or physical keys to access various parts of the complex as well as amenities. These are usually placed on the counter when You arrive, and please place them back when you depart. If one of these Access Keys are missing when You arrive, please notify me right away. A replacement fee of $25 PER CARD will be charged if either Access Key is missing when You depart. Each Property is only granted 2 Access Keys during any one reservation for Your security.

PLEASE REMOVE SHOES BEFORE ENTERING. This is a common custom in Hawaii.  Relax and make Yourself at home, treating it as You would Your own home.

NO SMOKING OF ANY KIND ALLOWED IN OR ON THE PROPERTY. This includes but is not limited to: e-cigarettes, vapes, cigars, cigarettes, marijuana, etc. Also, do not light real candles inside the Property or on the lanai. No burning of any kind is allowed on the Property. This includes incense or mosquito coils inside or outside.  If You smoke, it must be in designated areas that are CLEARLY MARKED, designated smoking areas which are located near the bushes in the parking lot behind the tennis court, in the small alcove area near either pool, or in the parking area – This may vary from Property-to-Property but generally are CLEARLY MARKED as designated smoking areas. A $450 minimum fine will be imposed if unit has to be ionized for cigarette smells.  Real candles are a fire hazard.

EARLY ARRIVALS AND LATE DEPARTURES ARE NOT AVAILABLE as new guests almost always arrive the same afternoon that current guests depart which makes for a very tight timeline for housekeepers to work within. LATE ARRIVALS AND EARLY DEPARTURES ARE NEVER A PROBLEM AS IT IS A KEYLESS ENTRY. THANKS IN ADVANCE FOR YOUR UNDERSTANDING ABOUT NOT ARRIVING EARLY AND/OR NOT DEPARTING LATE.

PARKING PASSES ARE INSIDE THE PROPERTY FOR YOUR USE. You will need to fill out the pass and display it on Your dashboard. Please discard passes when You depart.

THE POOLS ARE GENERALLY OPEN FROM 9AM TO 10PM, times are not always exact as this depends on the Facilities and Maintenance personnel. The pools have a keyless entry in the form of Access Codes or Access Keys. Your access to enter the pool will be messaged to You in the Check-In instructions. For safety reasons, the code to the pool is always changing at the complex. If the code listed is not working, please check with the Front Desk or call/text me, as code may have just been updated.

WE PROVIDE BEACH GEAR AND BEACH TOYS AS A COURTESY TO OUR GUESTS.  However, it is Your responsibility to inspect and familiarize Yourself with proper equipment use prior to using. Enjoy at Your own risk and discretion. By using the equipment, toys, gears and supplies provided and the facilities, You are releasing the owners of the Property from all liabilities associated with and hold them harmless.

THE PROPERTY IS NOT CHILDPROOF. It is Your responsibility to supervise and monitor Your child’s activities in Your care.

TENNIS COURTS AND OTHER GAMING AREAS ARE GENERALLY OPEN FROM 8AM TO DUSK. At most of Our Properties the tennis court requires an Access Key or Access Code for entry, these will be available in the Unit or at the front desk or via email. Guests wishing to use the tennis courts must reserve their time at some of the units and other units have a first-come, first-serve basis. Free tennis equipment may be provided if available, but generally will require you to bring your own.

The Security Deposit is only an authorization on Your credit card and will automatically be canceled within 48 hours of Your departure by AIRBNB, VRBO, AND HOME-SHARING (providing that there is no damage or other incurred fees).

MAXIMUM GUEST ALLOWANCE. Please count every head (including babies) in Your total. Transparency and trust are vital to the Airbnb, VRBO, and home-sharing experience. Violating the maximum guest occupancy is not only against the Association and Airbnb, VRBO, and home-sharing Rules, but it can also result in a serious hazard in the event of emergency evacuations as well as causing serious health risks directly related to the sewer system being overused.  In the event that the GUEST who booked the reservation allows the premises to be occupied by more than their booking request shows, GUEST shall be responsible to pay HOST the sum of $100 extra per person, per day for each day the guest was in violation. The GUEST that books the stay will be responsible for all damages.  Airbnb, VRBO, and home-sharing, VRBO, and home-sharing reservations booked for personal travel must be booked by the person who is going to stay at the listing, as 3rd party bookings for personal travel are against Airbnb, VRBO, and home-sharing’s Terms of Service and will not be permitted.  If the amount of people staying in Our Property exceeds allowable safety occupancies established by the Home Owner’s Association (HOA or AOAO) OR if a 3rd party booking for personal travel was made, GUEST who booked the reservation agrees and understands that the reservation in its entirety will be canceled by Airbnb, VRBO, and home-sharing and ALL money for the reservation will automatically be forfeited for GUEST disregarding these Our Host rules and/or Airbnb, VRBO, and home-sharing’s Terms of Service listed herein.

PRACTICE SAFETY AND CAUTION AT POOL AREAS. All persons using the pool area are doing so at their own risk and sole responsibility. There is no lifeguard at the pool. Children under the age of 13 must be accompanied by adults in the pool area at all times and cannot enter the pool or hot tub without adult supervision. Please also be aware of the dangers of swimming pools, hot tubs and lanais and NEVER LEAVE MINORS UNSUPERVISED.

NO BARBECUING ON LANAIS. There are community barbecue areas on the Property. No real candles inside the unit or on the lanais. These are fire hazards and are not permitted by HOA or AOAO.  For Your convenience and enjoyment, we provide NUMEROUS battery-operated candles inside, if and where available.

YOU CAN HELP US AVOID ROACHES by not bringing any paper bags, cardboard boxes, or cardboard box lids inside the Property. This is the #1 way the bugs enter the residence.  Costco is notorious for using cardboard box lids to place Your purchased items inside for easy carryout/ transport.  Unfortunately, roaches in Maui absolutely LOVE cardboard boxes, cardboard box lids, and paper sacks.  PLEASE BEWARE: Roaches lay their eggs inside cardboard and paper sacks. 

DO NOT LEAVE PERSONAL ITEMS UNATTENDED in common walkways or within sight on any of the 3 lanais.

DO NOT HANG TOWELS OR CLOTHING ITEMS FROM ANY OF THE LANAI RAILINGS. Both of these are Association Rules, and Security will come by if they are violated.

THERE IS A $200 FINE if You forget Your code to the safe and need to have it reset.

NO ILLEGAL DRUGS OR EXCESSIVE DRINKING/PARTYING. We enjoy a good time, but kindly request that You be courteous of others on vacation by keeping noise to a minimum at night.

DRONE FLYING IS NOT ALLOWED ON PROPERTY, and guests flying drones will be responsible for any damage caused by the drone.

QUIET TIME varies from Property-to-Property but generally is between 10PM and 8AM (7 days a week). Please use typical common courtesy. 

YOU ARE GOING TO ABSOLUTELY LOVE MAUI. I have put together a Property Guide for the Property.

After booking, always remember to consult Your local insurance provider about the benefits of travel insurance.

RENTAL AGREEMENT

***THIS IS THE RENTAL AGREEMENT PORTION, PLEASE READ CAREFULLY***

DEPOSIT, PAYMENT, AND CANCELLATION

1. All rates quoted are all in US funds and are subject to applicable tax* and cleaning fees.
2. To secure a reservation, a deposit or full payment is required at time of booking. The amount varies by unit and length of stay and will be included in your quote. As units are individually owned, deposits are non-transferrable.
3. Full payment is due 90 days prior to arrival. We will send you a courtesy email to request payment. If final payment is not received, your reservation may be cancelled.
4. All cancellations must be submitted in writing. This can be submitted via email.
5. All cancellations are subject to a cancellation fee of $125.
6. Rescheduling dates are permitted up to 90 days prior to arrival without penalty.
7. All monies are forfeited if cancelled less than 30 days prior to the arrival date.
8. No refunds will be issued due to inclement weather including hurricanes and floods, or events beyond our control (flight cancellations, airline strikes, etc.) We highly recommend you purchase travel or trip cancellation insurance through your insurance broker.
9. In the very unlikely event that the unit booked should become unavailable due to circumstances beyond our control (ex. flood, fire, etc.), we reserve the right to cancel your reservation and you will be issued a full refund.

* All rentals are subject to Hawaii General Excise Tax (“GET”), Transient Accommodations Tax (“TAT”), and Maui County Transient Accommodations Tax (“MC TAT”). Tax rates are set by the State of Hawaii and are subject to change without notice. Should the tax rate be increased prior to your arrival, the difference will be charged to you.

SECURITY DEPOSIT: A prepaid refundable security deposit is required and will be noted in your quote on the Booking Confirmation page. The security deposit will be refunded back to you via the method you paid within 7 days after departure provided there are no damages to the unit or additional cleaning required. This is at the discretion of our professional and insured cleaners.

ALL UNITS ARE NON-SMOKING: This includes inside the condo, on the lanai and in the building. There are designated smoking areas throughout the resort. The Hawaii State Law 295, enacted on November 16, 2006, and updated in 2015, prohibits smoking in all enclosed or partially enclosed areas open to the public. This includes the smoking of cigarettes, electronic cigarettes, cigars, medical marijuana, and all illegal substances. All Units are subject to this law. If a smoking violation occurs, either a fine of $450.00 will be charged and/or your security deposit will be retained. If a warning has been issued, and smoking continues, we reserve the right to immediately evict you from the unit.

CHECK-IN AND CHECK-OUT TIME. Check-in time is any time after 4:00 PM local time. Check-out is no later than 10:00 AM on the day of departure. Late check outs may be available for an additional fee. Contact us for details and availability. If you are in the unit before 3:00 PM on your arrival day or after 11:00 AM on your departure day, there will be a charge equal to one night’s rent plus tax.

ADDITIONAL HOUSE RULES.

1. Parties, receptions, luaus, events, and gatherings of any kind are strictly prohibited.
2. No additional occupants beyond the maximum occupancy allowed in each unit will be permitted.
3. No pets are permitted.
4. Be respectful of your neighbors and the space. Please abide by resort specific rules regarding quiet hours, pool rules, etc. as posted at the resort.

DAMAGE/ LOSS/ DISTURBANCES.

1. Units are individually owned and decorated. Please do not remove any furnishings, equipment or items from the unit, including any linen, dishes or other items from the unit.
2. We are not responsible for any lost, stolen or damage to personal belongings.
3. We make our best efforts to ensure that all equipment within the unit is in good working order, although we cannot guarantee that any equipment will not break down during your stay. Such a breakdown does not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustments. In the event of a breakdown, we will use our best efforts to remedy the situation as soon as possible after notification.
4. We make no guarantee that properties adjacent to the Unit will be free from disturbances, including but not limited to noise or inconvenience from construction, traffic or other guests or neighbors. Any such disturbance shall not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustment.
5. Hawaii is located in a tropical climate, and insects, rodents and lizards flourish in this environment. Although we make our best efforts to minimize interactions with these pests, any contact with such a pest within or outside the unit does not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustment.
6. Any issue with the Unit shall be immediately reported to the Manager via phone, text or email. The Manager and Owner shall have a reasonable amount of time to restore the Unit to acceptable conditions, and any issues presented that do not prevent reasonable and habitable occupancy of the Unit shall not constitute a breach of this Agreement or give the Guest any right to any refund or rental adjustment.

RIGHT TO ENTER Manager reserves the right to enter the Unit with 24 hours’ notice to the Guest for any reason deemed necessary to service or inspect the Unit on the Owner’s behalf.

LOST AND FOUND ITEMS We are not responsible for lost items. Upon departure, please thoroughly inspect the Unit for any potential items left behind, including electronics, chargers and clothing. Any items found by our cleaners can be shipped to you upon request. There will be a $35 service charge plus shipping charges.

INDEMNIFICATION AND HOLD HARMLESS. You covenant and agree to defend, indemnify and hold harmless LHS Commercial, LLC d/b/a Go To Kihei from and against any and all liability, loss, damages, claims or actions (including costs and attorney’s fees) for bodily injury, and/or property damage, to the extent permissible by law, arising out of or in any way connected with the actual or proposed use of Our Property, Facilities and/or Services , including but not limited to bodily injury to any employee, invitee, guest, contractor or subcontractor of Ours.

ARBITRATION CLAUSE. Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration, conducted before a panel of arbitrators of the Landlord’s choosing in the state of the Landlord’s choosing, in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator’s award in any court having jurisdiction; the expense of such arbitration shall be borne by You, the Renter.

CANCELLATION AND REFUND POLICY. Full refund for cancellations made at least 90 days before check-in. If You cancel after that point, You will not get a refund. Full refund for cancellations made within 48 hours of booking, if the check-in date is at least 30 days away.

BOOKING AND CONFIRMATION OF AGREEMENT. By visiting this website and booking a stay, You are agreeing and confirming receipt to all the Legal Stuff presented here as Terms, Conditions, House Rules, and Rental Agreement.