A nefarious new mandatory fee — which is called the “damage waiver fee” and is not refundable — was reported to be charging guests $79.00 plus tax in the event that accidental damage occurred during a stay at a particular resort property in Waimea in Hawaii called the Mauna Lani Point, which is a Destination by Hyatt Residence property…
Mandatory “Damage Waiver Fee” is Spreading: $149 Plus Tax at This Resort Property
…but this is not the only resort property which is charging this mandatory fee.
“I did get a response from consumer affairs – basically they (or perhaps a particular agent as i doubt that was escalated) suggest that anything goes since condo property ‘follows different rules than a traditional hotel’.. Globs dont get a waiver but hey they fixed the wording on coverage”, FlyerTalk member azepine00 — who first discovered and exposed the mandatory damage waiver fee — commented in this discussion. “And over the last couple days it spread to most if not all HI Destination properties so they are going for it… so far it is not showing up for colorado ones..”
After a brief investigation by The Gate, not only was azepine00 correct — but some of the other properties have been found to charge guests even more money for the damage waiver fee.
As an example, the following statement appears at the official Internet web site of the Kauai Luxury Vacation Villas, a Destination by Hyatt Residence property…
A non-refundable Damage Waiver Fee of $149, plus tax if applicable, will apply to the total cost of your reservation.
…but unlike the Mauna Lani Point, a Destination by Hyatt Residence property — which corrected an error in its mandatory damage waiver in that coverage is up to $1,500.00 and not $3,000.00 — the Kauai Luxury Vacation Villas, a Destination by Hyatt Residence not only charges almost twice as much for its mandatory damage fee waiver; but its maximum limit of coverage is also double at $3,000.00.
The complete Kauai Luxury Vacation Villas, a Destination by Hyatt Residence mandatory damage waiver — duplicated verbatim below — is as follows:
DAMAGE WAIVER
The total cost of your reservation for this Vacation Rental Residence includes a non-refundable Damage Waiver Fee (USD) with the following costs, plus tax if applicable:
$149.00 per reservation for your entire stay
The Damage Waiver covers the registered guest and such other persons who are authorized in writing to reside in the Vacation Rental Residence overnight as part of the reservation (collectively the “Registered Guest”) for up to THREE THOUSAND AND NO/100 DOLLARS ($3,000.00) of accidental damage to the Vacation Rental Residence or its contents (such as furniture, fixtures, and appliances), but not personal items of the Registered Guest, as long as the Registered Guest reports the incident to Destination Residences Hawaii LLC prior to checking out. The Damage Waiver fee eliminates the need for a traditional security deposit. The value of any loss, including items damaged or repairs required to return the Property to its condition prior to occupancy, is based on the full replacement or repair value with items of similar make and kind without deduction or credit for the used condition of the property damaged or lost.
How to Report Damage
Please report accidental damage as soon as it occurs so we can assess and minimize the extent of the damages. To report accidental damage, please call Destination Residences Hawaii LLC at 808-742-3022.
Damage Waiver Additional Terms and Conditions
a. The Damage Waiver only covers damage that occurs during the authorized rental period and that Registered Guest reports to Destination Residences Hawaii LLC PRIOR TO CHECK OUT. If you fail to report damage prior to check out and damage is later discovered, you shall remain liable for such damage to the extent allowed by law, and the Damage Waiver shall not offset such loss.
b. The Damage Waiver Fee is non-refundable for any reason once Registered Guest has checked in to the Property.
c. The Damage Waiver does not cover intentional damage or damage caused by smoking, pets or other animals brought onto the Vacation Rental Residence, or criminal activity. The Registered Guest is responsible for intentional damage or loss from acts of the Registered Guest or Registered Guest’s invitees.
d. The Damage Waiver does not cover damage to any structure other than the Vacation Rental Residence covered by your confirmed, non-fraudulent reservation.
e. Registered Guest is responsible for any accidental damage that exceeds $3,000. Damages for covered claims in excess of $3,000 or for uncovered claims will be charged to the Registered Guest’s credit card used to secure the reservation or at check-in and such charges are specifically authorized by Registered Guest.
f. The Damage Waiver program is provided and administered by Destination Residences Hawaii LLC and is not an insurance policy. The Damage Waiver does not provide liability coverage and does not cover vehicles, guest personal items, or injuries to Registered Guest, guests, invitees, or other persons.
This Property is managed by Destination Residences Hawaii LLC.
Properties Which Charge a Mandatory Damage Waiver Fee
The list of properties which charge a mandatory damage waiver fee at the time this article was written includes:
- Kauai Luxury Vacation Villas, a Destination by Hyatt Residence — $149.00 plus tax per stay
- Mauna Lani Luxury Vacation Villas, a Destination by Hyatt Residence — $149.00 plus tax per stay
- The Lodge at Kukui’ula — $149.00 plus tax per stay
- Ho’olei Residences, a Destination by Hyatt Residence — $149.00 plus tax per stay
- Puunoa Beach Estates, a Destination by Hyatt Residence — $149.00 plus tax per stay
- Wailea Beach Villas, a Destination by Hyatt Residence — $149.00 plus tax per stay
- Kaanapali Alii, a Destination by Hyatt Residence — $99.00 plus tax per stay
- The Islands at Mauna Lani, a Destination by Hyatt Residence — $79.00 plus tax per stay
- Mauna Lani Point, a Destination by Hyatt Residence — $79.00 plus tax per stay
- Makena Surf, a Destination by Hyatt Residence — $79.00 plus tax per stay
- Polo Beach Club, a Destination by Hyatt Residence — $79.00 plus tax per stay
- Wailea Ekahi Village, a Destination by Hyatt Residence — $79.00 plus tax per stay
- Wailea Ekolu Village, a Destination by Hyatt Residence — $79.00 plus tax per stay
- Wailea Elua Village, a Destination by Hyatt Residence — $79.00 plus tax per stay
- Wailea Grand Champions Villas, a Destination by Hyatt Residence — $79.00 plus tax per stay
- Wailea Point, a Destination by Hyatt Residence — $79.00 plus tax per stay
Final Boarding Call
At the time this article was written, this mandatory damage waiver fee seems to only apply to properties which are managed by Destination Residences Hawaii LLC and are classified more as condominium properties than hotel or resort properties…
…which apparently means that not only can they charge a mandatory damage waiver fee and get away with it; but no one — not even members of the World of Hyatt frequent guest loyalty program who have earned Globalist elite status — is exempt from paying this fee.
As noted in this original article here at The Gate on Thursday, July 14, 2022 — which was the first weblog to expose the mandatory damage waiver fee — what is to stop someone from purposely damaging up to $1,500.00 or $3,000.00 by “accident”? Would purposely stealing up to the maximum value of items from the room count under the mandatory damage waiver fee? After all, guests are covered — right?!?
I have not yet found a property which charges both a mandatory damage waiver fee and a mandatory resort fee, mandatory facilities fee, mandatory destination fee, or mandatory amenities fee — but I am still looking.
In the meantime, if you find any properties which charge a mandatory damage waiver fee, please report it in the Comments section below — and it will either be included in this article or an article in the future…
…and although I intend to avoid staying at any property which charges this outrageously ridiculous fee, if you must stay at one of these properties, ensure that your stay is as long as possible, as the mandatory damage waiver fee is charged by the stay and not by the night, like most other mandatory fees are charged.
Finally — if damage is such a concern at the aforementioned properties — then the property should include the damage waiver fee in the room rate so that potential future guests know exactly what they are expected to spend for a night.
In my opinion, a mandatory damage waiver fee is no different than a mandatory destination fee, mandatory resort fee, mandatory amenities fee, or a mandatory facilities fee, of which links to past articles which have been posted here at The Gate are found here in this article…
All photographs ©2009, ©2015, and ©2019 by Brian Cohen.
