Hale Napili and Tenant agree as follows: Tenant is at least twenty-one (21) years of age (an “adult”) and will be an occupant of a unit (“Unit”) located on the Hale Napili condominium project (the “Premises”) during the entire reserved dates of your stay. In addition to Tenant, other authorized occupants may be family members or friends of Tenant (collectively “Tenant’s Guests”). Use of the Unit and Premises will be denied to persons not falling within the foregoing categories. Should any unauthorized persons occupy or use the Unit or Premises, Tenant shall vacate the premises immediately without any refund. No door key codes will be issued to anyone other than the tenant who is listed on this agreement.
RESERVATIONS: Reservations may be placed up to one (1) year in advance, but are subject to the rates in effect for the year said reservations are placed. All times are Hawaii Standard Time and currency is USD unless otherwise noted. Reservations will be held for two (2) days. If signed rental agreement and payment are not received within a two (2) day period from the date of the Tenant’s signature, the reservation will be cancelled.
DEPOSIT: A deposit totaling $500 is due with acceptance of rental agreement. Payment of deposit shall be deemed as acceptance of this rental agreement. Payment may be made by major credit card.
BALANCE: Balance is due 45 days prior to arrival date. Payment may be made by major credit card.
CANCELLATION POLICY: In the event that you must cancel your reservation, please be aware that cancellations must occur at least 45 days prior to arrival date. If cancellation occurs 45 days or more prior to arrival date, all monies will be refunded with the exception of an administrative fee of $125.00 plus taxes. GUESTS THAT DO NOT CANCEL WITHIN THE 45-DAY TIME FRAME WILL BE CHARGED THE FULL AMOUNT OF THE RESERVATION. All cancellations must be in writing and sent to office@halenapili.com . Please note that you will not receive a refund if you cancel within 45 days of your arrival.
HAZARDOUS PRACTICES: No barbeque grills of any kind are permitted in the Unit or on the lanai attached to the Unit. There are community barbeque grills located on the oceanfront at the north side of the Premises. No open flames (i.e. candle burning) are permitted on the lanais or in the unit. Smoke detectors should not be disabled, as they are there for your protection.
FALSIFIED RESERVATION: Any reservation obtained under false pretense will be subject to forfeiture of reservation deposit, damage deposit, and/or balance of rental payment.
HOUSEKEEPING: For your comfort, Hale Napili wants your stay to be as undisturbed as possible. Staff will service your Unit every 3rd day of your stay. Linens and towels are included and are not to be taken from the unit. Beach towels are provided. Trash liners, paper products, shampoo, conditioner, soap, dish soap, and coffee pods are provided.
CHECK-IN: We will provide you with the check-in instructions after final payment is made.
PARKING: Complimentary parking. You will receive a parking pass upon arrival.
NON-SMOKING UNIT: Smoking is strictly prohibited. You will incur an additional charge of $750.00 for carpet cleaning and deodorizing if any evidence of smoking is found. There is a smoking area located at the south end of the Premises.
ENTRY BY HALE NAPILI: Hale Napili staff may enter the Unit under the following circumstances: in case of an emergency; to make any necessary or agreed upon repairs, alterations, or improvements; supply necessary or agreed upon services such as housekeeping.
RULES AND REGULATIONS
- Tenant agrees to leave the Unit and its contents in the same condition as Tenant found the Unit to be upon move-in, normal wear and tear excepted.
- Check-in time is any time after 4:00pm. Check-out time is any time before 10:00 am.
- The maximum number of occupants shall not exceed the maximum number of occupants listed for the Unit, and must be indicated at time of booking.
- Furnishings are not to be removed from the Unit for use outside or in other properties.
- Tenant and Tenant’s Guests obey all laws of the State of Hawaii, as well as local laws, at all times while they are on the Unit. Failure to abide by the laws of Hawaii or the above rules may cause Tenant to be asked to vacate the Unit and forfeit all rents and security/damage deposits.
SLEEPING CAPACITY/DISTURBANCES: Tenant and Tenant’s Guests will be required to vacate the Unit and Premises, and forfeit the rental fee and security deposit for any of the following: Occupancy exceeding the maximum occupancy as noted on the Unit, using the Unit or Premises for any illegal activity, causing damage to the Unit rented or to any of the neighboring properties, and any other acts which interfere with neighbors’ right to quiet enjoyment of their Units.
HOLD HARMLESS: Hale Napili and the owner of the Unit occupied by Tenant (“Owner”), shall not have liability for loss, damage, or injury to Tenant or Tenant’s Guest’s person or property. Hale Napili and Owner shall not have any liability for any inconveniences, damage, loss or injury arising from any temporary defects or stoppage in supply of water, gas, cable service, electricity or plumbing, as well as due to weather conditions, natural disasters, acts of God, or other reasons beyond its control.
Tenant acknowledges that there is no elevator to the second-floor units and that accessing the second floor may be hazardous should Tenant and/or any of Tenant’s guests have mobility or other health limitations. Tenant shall notify Hale Napili should Tenant and/or any of Tenant’s Guests have such mobility or other health limitations, and both parties thereafter shall cooperate in efforts to reserve a Unit that accommodates Tenant and/or Tenant’s Guests’ needs in light of such mobility or health limitations, recognizing that the best accommodation may be the booking of a first-floor rather than a second-floor Unit. In the event that Tenant fails to notify Hale Napili of such mobility or health limitations, or should Tenant refuse to comply with Hale Napili’s reasonable alternative accommodation recommendations, then Tenant: (a) assumes all risk of personal injury resulting from Tenant or Tenant’s Guests use of the Unit or Premises; (b) holds Hale Napili and Owner harmless and waives any liability associated with any such personal injury; (c) agrees to indemnify and defend Hale Napili and Owner from any and all claims for personal injury made by or through Tenant or by or through Tenant’s Guests, including without limitation any claim by any minor or person suffering from incapacity.
BEACH ACCESS, BBQ, COMMON AREAS: Tenant hereby acknowledges that the Premises has seasonal beach access and includes community barbecues, patios and other common areas (collectively “Common Areas”). Tenant further acknowledges that hazardous conditions exist in relation to the pathway and stairs from the Premises to the ocean and further acknowledges that there are hazardous conditions inherent in entering the ocean. With full knowledge of these facts Tenant hereby: (a) assumes all risk of personal injury or property damage resulting from Tenant or Tenant’s Guests use of the Common Areas including the pathway and stairs to the ocean, and from entering the ocean; (b) holds Hale Napili and Owner harmless, and waives any liability, with respect to any such personal injury or property damage; (c) agrees to indemnify and defend Hale Napili and Owner from any and all claims for such personal injury or property damage made by or through Tenant or by or through Tenant’s Guests, including without limitation any claim by any minor or person suffering from incapacity.
MAINTENANCE: Please report any maintenance needs to us and we will respond as quickly as possible. Because we live on an island, supplies are limited and we will do our very best to assist you promptly. Refunds will not be made for maintenance issues including, but not limited to, air conditioning, appliances, and televisions.
ADDITIONAL TERMS AND CONDITIONS: The undersigned Tenant, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases, indemnifies, and discharges Hale Napili and Owner from any and all liabilities, claims, demands, and causes of action by reason of any injury, loss of damage by whatever nature which has or have occurred, or may occur to the undersigned, or any of his/her guests as a result, or in connection with the occupancy of the Unit and use of the Premises and agrees to hold Hale Napili and Owner free and harmless of any claim or suit arising there from.
In any action concerning the rights, duties or liabilities of the parties to this Agreement, their principals, agents, successors or assignees, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
Any suit in relation to this Agreement shall be brought in the Second Circuit Court of the State of Hawaii.
This Agreement shall be enforced and interpreted under the laws of the State of Hawaii.
This Agreement contains the full and final agreement between the parties hereto, and shall supersede any and all prior agreements, verbal or written.
This Agreement shall not be interpreted with any presumption against the drafter of such.
Hale Napili and Owner reserve the right to terminate this Agreement upon their discretion at any time.
