By making a reservation with Fern Grotto Inn ("Inn," "we," "us," or "our"), you ("Guest," "you" or "your") agree to these Terms & Conditions. These Terms & Conditions apply to all guests, visitors, and invitees during the stay. If you book on behalf of others, you are responsible for ensuring everyone in your party follows these Terms.
1. Reservation, Deposit & Payment
Full payment is required at time of booking to confirm your reservation. We accept e-check and credit cards. We offer a 3% discount for payments made by e-check. Rates shown reflect the discounted (e-check) price. Credit card payments are accepted at the standard (non-discounted) rate.
2. Cancellation Policy & Refunds
All cancellation requests must be submitted in writing (email is acceptable). All cancellation deadlines and cutoffs are based on Hawaii time (HST/HDT as applicable).
Cancellations 60+ Days Before Arrival
For cancellations received 60 or more days before arrival, you will be refunded all amounts paid minus a $50 processing fee and, if applicable, minus any non-refundable third-party processing fees to the extent they are not returned to us by the payment processor.
Refunds are typically processed within 10 business days after eligibility is confirmed. Your bank or card issuer may take additional time to post the credit.
Cancellations Within 60 Days of Arrival
For cancellations within 60 days of arrival, we will attempt to re-book the unit. If we are able to re-book the unit, we will refund to you the "replacement room revenue," up to the amount you originally paid for those nights, minus a $50 processing fee and minus any non-refundable third-party payment processing fees. "Replacement room revenue" means the nightly room rate actually received by us for the re-rented nights, excluding taxes, cleaning fees, and any third-party commission or platform fees. Any refund to you will only be processed after the unit has been successfully re-booked — meaning once the re-booking is confirmed and paid in full and not subject to cancellation or chargebacks.
If we are unable to re-book the unit, no refund will be issued.
No-Shows & Early Departures
There are no refunds for no-shows or early departures.
Weather & Travel Disruptions
No refunds are issued for guest-initiated cancellations, late arrivals, early departures, or shortened stays due to weather or travel disruption, including without limitation hurricanes, tropical storms, flooding, airline cancellations, delays or changes, missed connections, road closures, illness, personal emergencies, or similar events. We strongly recommend travel insurance. (Insuremytrip.com is one option.)
3. Check-In & Check-Out
Check-in: 3:00 PM. Early check-in may be available — contact us and if available, we will do our best to accommodate you.
Check-out: 11:00 AM. Late check-out until 3:00 PM is available at no charge if the unit is not needed for incoming guests and must be confirmed with us in advance. To retain the unit after 3:00 PM, a fee of 50% of the nightly rate applies and must be confirmed in advance. (If your flight departs after 8:00 PM, we highly recommend arranging this.) Unauthorized late departure will result in a charge of up to one full night's rate.
At check-out, please:
- Wash and put away all dishes
- Gather laundry in a pile for housekeeping
- Take all trash to the bins near the parking lot entrance
- Leave keys inside the unit and lock the door behind you
4. Occupancy Limits & Minimum Age
Occupancy limits: Each unit has a maximum occupancy as stated in your reservation confirmation. This limit applies to overnight guests and daytime visitors alike. Exceeding the stated occupancy is grounds for immediate termination of your stay without refund.
Minimum age: The Guest making the reservation must be at least 21 years of age. Guests under 21 must be accompanied by a parent or legal guardian.
5. Quiet Hours & Noise
Quiet hours are 9:00 PM to 8:00 AM. Fern Grotto Inn is a small community of cottages on the Wailua River in a residential neighborhood — please be respectful of your neighbors and fellow guests at all times. Excessive noise at any hour may result in removal from the property without refund.
6. Smoking Policy
Smoking, vaping, and e-cigarettes are strictly prohibited inside all cottage units. A designated outdoor smoking area is available in the garden. If the cleaning crew detects evidence of smoking inside any unit, a $200 deodorizing fee will be charged.
7. Pet Policy & Service Animals
Pets are not permitted unless explicitly authorized in writing at the time of booking. Unauthorized pets are grounds for immediate termination of your stay without refund, plus a $200 deep-cleaning fee.
Service animals (as defined by the ADA) are permitted. Service animals are not subject to pet fees. You remain responsible for any damage caused by the service animal and for keeping the service animal under control at all times.
8. Parking
Each cottage is allocated designated parking as noted in your unit description. Please park only in your assigned space and do not block access lanes or spaces belonging to other units. Vehicles parked in unauthorized areas may be towed at the owner's expense. Campers, trailers, and RVs are not permitted on the property.
9. Amenities
Air conditioning: All cottages are air-conditioned.
Bikes: Complimentary bicycles are available for all guests. Use is at your own risk.
WiFi & TV: High-speed WiFi and cable TV are provided in all units. Service interruptions may occur due to factors outside our control; no refunds are issued for outages.
Cleaning: A one-time mandatory cleaning fee is included with your reservation. An initial supply of toiletries is provided; additional items are your responsibility.
10. Lost & Found
Any items left behind will be held for 30 days. Please contact us promptly if you believe you have left something. Fern Grotto Inn is not responsible for items left on the premises. After 30 days, unclaimed items will be donated or disposed of.
11. Additional Cleaning, Damages & Property Condition
Guest is responsible for any and all damages to the unit, premises, or contents caused by themselves or any member of their party during the stay. Any damage noticed upon arrival must be reported to Fern Grotto Inn immediately to avoid liability. Post-departure damage charges will be billed to the payment method on file.
Your one-time mandatory cleaning fee covers standard turnover. If the unit requires extra cleaning (e.g., excessive mess, stains, odors, trash, glitter, etc.), we may charge an additional cleaning fee based on actual cost.
12. Credit Card Authorization / Payment Method on File
By completing your reservation, you authorize Fern Grotto Inn to charge the credit card provided (or otherwise collect payment) for all amounts due under these Terms & Conditions, including without limitation any post-departure charges for damages, additional cleaning, and unauthorized late departures. This authorization remains valid until 30 days after the premises are vacated.
13. Vacation Rental Tax
Hawaii General Excise Tax and Transient Accommodations Tax will be assessed in addition to the nightly rate. Tax rates may change.
14. Construction & External Conditions
Kauai is a growing community. Construction activity and other external conditions may occasionally occur near the property and are beyond our control. No refunds will be issued due to construction noise or other external conditions.
15. Photography & Social Media
You are welcome to photograph and share your own cottage experience. Out of respect for others' privacy, please do not photograph neighboring units or other guests without consent. Drone flights over the property require prior written permission from management.
16. Right of Entry
We reserve the right to enter the unit as reasonably necessary for maintenance, repairs, safety, emergencies, or to address suspected violations of these Terms & Conditions. We will make reasonable efforts to provide notice when appropriate.
17. Violation of Terms & Guest Removal
Fern Grotto Inn reserves the right to immediately remove any Guest, their visitors and invitees who violate these Terms & Conditions — including but not limited to exceeding occupancy limits, quiet hour or noise violations, unauthorized pets, illegal substances, or conduct that endangers themselves or others, or damages or may damage property. Removal under these circumstances is without refund.
18. Force Majeure
"Force Majeure" means an event beyond our reasonable control that prevents or materially interferes with our ability to provide accommodations or safely operate the property, including without limitation: hurricanes/tropical storms, flooding, wildfire, earthquake, power or water outages, sewer issues, internet/telecom disruptions, acts of civil authority, government orders, evacuation orders, road closures preventing access to the property, labor disputes, or other emergencies.
If a Force Majeure event occurs and we determine, in our reasonable judgment, that the property cannot be occupied safely or lawfully, we may need to cancel, modify, or adjust your reservation. Adjustments may include changing the unit assignment, limiting amenities, or adjusting check-in/check-out logistics.
In that event, your sole remedy will be one of the following (at our discretion, unless prohibited by law):
- Rebooking/credit for alternative dates (subject to availability). Rates may vary by season; if the replacement dates are higher-priced, you will be responsible for the difference. If lower-priced, we will credit/refund the difference for unused nights as applicable; or
- Refund of amounts paid for unused nights only, less any non-refundable third-party processing fees to the extent not returned to us by the processor.
We are not responsible for additional costs incurred by you due to such events, including alternative lodging, meals, transportation, or airline fees. No refunds are provided for mere inconvenience, fear of travel, forecasted conditions, or partial interruption of optional amenities (e.g., beach conditions, tours, parks, power/internet interruptions) unless the unit is uninhabitable or occupancy is unlawful.
19. Liability, Indemnification & Assumption of Risk
To the fullest extent permitted by law:
- Fern Grotto Inn is not liable for any injury, loss, or damage to persons or property arising from your stay or use of the premises and amenities.
- Guest agrees to indemnify, defend, and hold harmless Fern Grotto Inn from all claims, demands, causes of action, damages, and expenses (including reasonable attorneys' fees) arising from Guest's occupancy or conduct.
Fern Grotto Inn is in a natural, tropical environment and conditions can change quickly. Guest understands that certain conditions and activities carry inherent risks that cannot be eliminated without changing the nature of the experience. By entering the property and using the property or amenities, Guest voluntarily assumes all risks, known and unknown, of injury, illness, death, or property damage arising from the use of the premises and amenities, including without limitation:
- Wet, slippery, uneven, or unlit walkways, stairs, decks, flooring, and outdoor surfaces (Kauai's climate can create wet or slippery conditions);
- Use of bicycles and related equipment. Guest is responsible for inspecting the bicycle before use, riding safely and lawfully, and securing the bicycle when unattended;
- Use of outdoor grills; and
- Water activities and outdoor activities. Guest acknowledges and assumes the risks of any water-related or outdoor activities (including swimming, surfing, kayaking, paddleboarding, hiking, and similar activities), whether on or off the property, and is responsible for choosing activities appropriate for their abilities and the conditions. Nearby river and ocean conditions can change quickly; Guest is responsible for checking local advisories and warnings.
Children must be supervised at all times. Guest is responsible for ensuring that minors and other members of Guest's party act safely on the property, while using amenities, and around water.
20. Attorney's Fees
In any legal action arising from these Terms & Conditions, the prevailing party shall be entitled to recover reasonable and necessary attorneys' fees as determined by the Court.
21. Waiver of Jury Trial
By booking your reservation, Guest knowingly, voluntarily, and intentionally waives any right to a trial by jury in any litigation arising out of or related to Guest's reservation, stay at Fern Grotto Inn, these Terms & Conditions, and/or any other documents executed or policies issued in connection with the foregoing. This waiver applies to all actions, whether sounding in contract, tort, or otherwise.
22. Governing Law, Venue, Severability & Entire Agreement
Governing law; Venue: These Terms & Conditions, your reservation (including payment and cancellation), and your stay at Fern Grotto Inn, and any claim or dispute arising out of or relating to any of the foregoing, shall be governed by the laws of the State of Hawaii, without regard to conflict-of-law rules. Any lawsuit or court proceeding must be brought exclusively in the state courts located in the County of Kauaʻi, Hawaiʻi (or, if applicable jurisdiction exists, the United States District Court for the District of Hawaii), and you consent to personal jurisdiction and venue in those courts.
Severability: If any provision is held invalid, the remaining provisions remain in effect.
Entire agreement: These Terms & Conditions, together with your reservation confirmation and any written policies provided by us, constitute the entire agreement.
Mahalo for choosing Fern Grotto Inn. We look forward to welcoming you to our little piece of paradise on the Wailua River.
Fern Grotto Inn | Kapaʻa, Kauai, Hawaii | kauaicottages.com