Terms and Conditions

The Homeowners Association

What sets this resort apart from other West Maui condominium complexes built around the same time is the Papakea Home Owners Association, the AOAO Papakea. The AOAO Papakea continues to demonstrate a deep desire to maintain the value of the property. The owners have invested over ten million dollars in the last four years alone in exterior restoration and maintenance projects designed to keep the Papakea a desirable vacation destination. Millions more are spent every year by individual owners to renovate their own units.

Security

There is a security guard walking the premises 24 hours a day. The Papakea is very safe and secure. Stuff doesn’t get stolen and people don’t get pestered. Most everyone leaves their windows open at night without fear of break-ins. Most of the rooms have safes in them, but they aren’t really necessary. You should lock your doors when you are not in your condo. That’s just common sense.

Important Rules

• Don’t hang towels or swimsuits out to dry over the lanai (balcony) railings. The security guy will come visit you. You can dry things on the chairs.
• Be quiet after 10:00pm and before 7:00am. People live there and aren’t awake at 5:00am when you are. It’s ok to tell mainlanders to shut up if they are talking on cellphones on their lanais during these quiet hours.
• Don’t smoke tobacco, marijuana, or anything else inside the condos or on the lanais. Someone will rat on you and you will get a visit from the security guard.
• If you are tempted to go out by the water and have a romantic interlude at 3:00 in the morning, be advised that you will likely have an audience, because that is 9:00 in the morning in Georgia. Who knows, you might end up on YouTube.

A Note About Air Conditioning:

The Papakea was conceived as an open-air development. When it was built, none of the units were air conditioned. Cooling was achieved by opening the windows and letting the breezes flow through. This requires leaving the bedroom doors open to let the air through. This method is still quite effective, with the possible exceptions of July and August. The afternoons get pretty warm inside the units during those months. Even in those months, when we stay there, we never turn on the air conditioner except for a couple hours in the afternoon. Over the years, the units have been retro-fitted with air conditioners. Most units just have single window unit type air conditioners that sit on the lanais. There is now a trend toward installing ductless mini-split systems. With these systems, each room can be cooled independently. A growing minority of the units have these systems now. No heating is necessary at the Papakea.

Not a Hotel:

The Papakea is a condo complex. It is not a hotel. There is no room service and there are no attractive young Hawaiian guys or ladies to bring around fruity drinks while you bask in the sun. Nobody comes to clean the room every day while you are out. However, there is a grocery store across the street where you can buy your own fruity drink mixes, beer, wine, food, and ice. You can pack an ice chest and take it with you to the beach or the pool and enjoy its contents for a fraction of the cost of what a resort hotel would charge.

Individual Ownership:

The Papakea units are all individually owned by people or small companies. This has good and bad sides to it. Each owner is responsible for the upkeep and renovation of his/her condo. The owners set the rental prices for each condo independently. They may talk to other owners to see what they are charging, but owners actually compete against each other in pricing to keep their condos rented. Those condos that have been recently renovated rent better than those that still have the ‘70s motif. If you rent on this site or others like it, you can see photos of the condo you are renting before you rent it. That way you will know if it has been updated. Here is the cool part. Even if you stay in one that hasn’t been touched since 1976, it’s still an awesome place to stay.

Changes to this privacy policy

Real Estate WordPress Theme has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Terms of Use

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

1. Acceptance of Terms of Use and Amendments.Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.
2. The Site is a Venue and We are Not a Party to any Rental Agreement or other Transaction Between Users of the Site.We urge all users to be responsible about their use of this Site and any transaction entered because of either listing a property or renting a property. The Site provides an on-line marketplace to allow homeowners and property managers who advertise on the Site (each, a “member”) to offer for rent in a variety of pricing formats, a specific vacation or short-term rental property to potential renters or renters (each, a “traveler” and, collectively with a member, the “users”). “Members” may also include property owners or managers who originally advertised their properties on another website and their listings have been redistributed on the Site. We also may offer online booking or other tools or services to allow users to communicate with each other and enter into rental agreements or other transactions.

   We are not a party to any rental or other agreement between users. This is true even if the Site allows you to book a rental or provides other ancillary products or services, as the Site may facilitate booking a rental or other tools, services or products, but we are not a party to any rental or other agreement between users. As a result, any part of an actual or potential transaction between a traveler and a member, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any traveler or property), the ability of members to rent a vacation property or the ability of travelers to contract for properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a booking or purchasing a product or service and PapakeaCondos or one of its affiliates may place additional restrictions on your booking, product or service.

   Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.

   Members further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their rental property and the conduct of their rental business, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal or regulatory compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.

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   While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.

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3. Your Responsibilities and Registration Obligations.To use this web site, you must registeron our site, agree to provide truthful information when requested, and be at least the age of eighteen (18) or older. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.
4. Identity Verification.User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user’s purported identity. We encourage you to communicate directly with a traveler or member through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity and, for travelers, of the property and relevant details of your booking or proposed booking.

   You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.

   We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.

   EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER PAPAKEACONDOS NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR PAPAKEACONDOS ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH PAPAKEACONDOS AND OTHER USERS.

   Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

5. Privacy Policy.Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.
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   (a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;
   (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;
   (c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.(d) Photographs should depict the vacation rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.

   By submitting a photograph to us, the member represents and warrants that (a) it holds all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of the HomeAway Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.

   It is the member’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Each member further agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member’s property or the Site.

8. Third Party Services.Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
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    WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

    Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

11. LIMITATION OF LIABILITY.YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

    In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

12. Reservation of Rights.We reserve all our rights, including but not limited to all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

    In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

13. Notification of Copyright Infringement.If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following address:

    [email protected]
    16. Applicable Law.

    You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

14. Miscellaneous Information.(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party’s right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.