GUEST AGREEMENT AND INFORMATION
1. CHECK-IN/CHECK OUT
Check in time is at 4 P.M. and check out time is 11A.M. We do offer early check in or late check out if/when available. Fees apply. Call us to inquire. If your party checks in early or stays after checkout time you will be charged accordingly.
2. THE PROPERTY
This property is privately owned and contains many personal items of the owners. Please be considerate of such items. The Landlord has the right to inspect the premises without prior notice at any time to enforce the terms of this agreement. Should the Tenants violate any of the terms of this agreement, the landlord has the right to terminate the rental period. The Tenants waive all rights to process if they fail to vacate the premises upon termination of the rental period. The Tenants shall maintain the premises in a good, clean, and ready to rent condition, and use the premises only in a careful and lawful manner. The tenants agree that the Landlord shall deduct from the security deposit prior to refund if tenants cause damage to the premises or its furnishings.
A payment equal to three (3) nights of the rental rate is required upon booking. The payment will be applied towards the unit rent. This payment is not a damage deposit. The balance of the rent is due sixty (60) days prior to your arrival date.
4. PAYMENT BY CHECK
If payment of rent is made by a check that is dishonored by the bank for any reason, the Guest agrees to pay $35.00 for each dishonored check up to the maximum allowed by state law, and subsequent rent payments, will be in a guaranteed form of payment. If payments are made with credit cards, deposits shall be refunded to the credit card. There will be a $25 surcharge for splitting payments up between guests. The property manager utilizes a credit card clearing vendor so fees may be applicable.
5. RATE CHANGES
Prior to the reservation deposit being received, rates are subject to change without notice. Rates may fluctuate prior to your arrival. No discounts after reservations are confirmed are given.
6. LONGER MINIMUM STAYS
Longer minimum stays may be required during holiday periods. If a rental is occupied for less than the minimum nights, the guest will be charged the minimum nights.
7. CLEANING DEPOSIT
The Guest will pay cleaning fees in advance prior to commencement of occupancy of premises. Excess cleaning may result in additional fees. Please be advised of our departure requirements.
8. RESERVATION/SECURITY DEPOSIT
If a reservation/security deposit is required, this must be received 60 days prior to arrival. The deposit is NOT applied towards rent; however, it is fully refundable within (14) days of departure, provided the following provisions are met.
a. No damage is done to unit(s) or its contents, beyond normal wear and tear.
b. No charges are incurred due to contraband or collection of rents or services rendered during the stay.
c. All debris, rubbish and discards are placed in trashcans, and soiled dishes are placed in the dishwasher.
d. All keys are left on the kitchen counter and unit is left locked.
e. All charges accrued during the stay are paid prior to departure.
f. No smoking has occurred in the unit. (Outside smoking is acceptable in designated areas).
g. No existing personal items or linens in the home are lost or damaged.
h. $40.00 per hour/per person, will be deducted for excessive cleaning, if/when applicable.
i. As a courtesy to other renters, please no early check-in or late departure without prior permission. Charges will apply.
9. FALSIFIED RESERVATIONS
Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check-in.
10. MAXIMUM OCCUPANCY
The maximum number of guests is limited to 2 people per bedroom.
11. YOU MUST REGISTER THE TOTAL NUMBER OF ADULTS AND CHILDREN STAYING AT THE VACATION UNIT ON OUR WEBSITE
Any Guest staying in the vacation rental unit above and beyond the registered number will be considered unauthorized and an additional fee of $50.00 per night per person will be charged and additional penalties may apply.
12. MINIMUM AGE REQUIREMENT
We cannot rent to vacationing students or singles under 25 years of age unless accompanied by an adult guardian or parent.
13. NO SMOKING
No smoking in homes/unit(s). Smoking is permitted outside homes and in most condominium complexes in designated areas only. Please check with the on-site manager. If you smoke inside the unit you will forfeit (if applicable) the security deposit. If there is any evidence of smoking, there will be a $500 fine imposed.
14. NO PETS
No pets, dogs, cats, birds, or other animals are allowed on or about the premises, except guide, service, or signal dogs pursuant to State Law.
A start up amenities package provided for our Guests includes; dish and hand soap, a limited supply of toilet paper, paper towels, some cleaning supplies and start up laundry detergent. Any supplies beyond the initial start up amenities package provided by the property manager. are to be supplied by the Guest. Grocery stores are conveniently located nearby. We offer grocery services for you prior to your arrival; you can register for this service on our website.
NOT all properties have AC. Please be aware if your property has AC or not. If AC is present, please use conservatively to help keep the cost down so you can get a great rental rate next time! If the AC is left on excessively it is subject to freezing (damaging the unit) and or excessive condensation, which may leak into other units. This results in property damage. Please be mindful to turn AC off when gone or if not necessary.
Guests are NOT to store bicycles, scuba and diving gear, inflatable rafts, or water toys inside the units. These items can be stored on the Lanai or in one’s car. Towels and other gear are not to be draped over the railings or visible from any other properties in the complex. These are typical house rules that are strictly enforced by complex on-site management.
18. MAID SERVICE
While linens and bath towels are included in the unit, daily maid service is not included in the rental rate however is available at an additional charge. We do not permit towels/linens to be taken from the units. Landlord shall provide towels, linens, cups, knives, forks, spoons, dishes, and other items as commonly used by the Landlord’s family. No reimbursement will be made for unused consumables left at the premises. If consumables exist at the premises when the Tenant arrives the Tenant is free to use them.
19. CABLE TV & INTERNET
Cable TV is provided and service level has been chosen by the Landlord. High-speed wireless Internet is normally provided as a convenience only and is not integral to the agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to cable TV and Internet service. Please check with a reservationist for Internet availability and codes.
20. KEYS, REMOTE CONTROLS
Keys to the premises are the exclusive property of the property manager. There will be a minimum charge of $50 for replacement of each lost key and a $75 charge for lost remote controls. For replacement of lobby access keys there is a $100 fee.
21. SEAWALL /POOL/JACUZZI/CLIFF AREAS
Please be extremely careful, especially with kids or while drinking alcohol. Please understand, everyone is using at his or her own risk. It is the tenant’s responsibility to learn about safety precautions, warning signs of water conditions, and safety procedures concerning swimming in or being around the pool/cliffs. Tenant agrees to have a responsible adult supervising minors while they swim in the pool and around cliffs. Tenant is hereby notified that the pool/cliffs can be dangerous and tenant accepts fully the risks involved. Tenant is further notified to be cautious when exiting the home as the pool is open and in close proximity to the entryways. There may be no rails to prevent a fall into the pool or off the cliffs.
22. ENTRY AND INSPECTION
the property manager will have the right to enter the premises pursuant to State Law;
1) In case of emergency, without prior notice. (2) To make necessary repairs, alterations, improvements, supply necessary or agreed services. In case of repair that is not emergency related, the property manager will contact you for your permission to enter should you not be available at the time of repair. Repairs will wait for your permission or your departure. If a unit is for sale, you will never be asked to make your property available for show. It is the property manager's policy to never disturb guests.
The premises are to be used exclusively for residential purposes. No retail or other commercial use of premises is permitted. The premises are not to be used for meetings, receptions or for any parties or gatherings in excess of 2x (twice) the people over the number of registered Guests. Overnight accommodations are restricted to the number of Guests agreed upon in advance and stated in this agreement. Any unregistered Guests shall be charged an additional $50 per night per person for non-disclosure of the fact and other potential fees may be imposed.
The Guest will not violate any City, State, Association, or Federal Law in or about the premises, and the Guest agrees to comply. There will be no disturbing the peace or acts creating a nuisance or loud or unusual noises or intoxication in or about the premises at any time. the property manager does not allow wedding parties or parties with loud music, bands, DJ's etc.
25. WRITTEN EXCEPTIONS
Any exceptions to the above mentioned policies must be approved in writing in advance.
26. ATTORNEY FEES
Each Party shall bear its own attorney fees and cost incurred in connection with the negotiation of this Agreement. In the event of any action or proceeding regarding this Agreement, the prevailing party, in addition to all other legal or equitable remedies possessed, shall be entitled to be reimbursed for all costs and expenses, including reasonable attorney fees, incurred by reason of such action or proceeding.
27. REFUNDS- HURRICANE OR STORM POLICY
No refunds will be given unless:
a. The National Weather Service orders mandatory evacuations in a "Tropical Storm/Hurricane Warning area" and/or
b. A "mandatory evacuation order has been given for the Tropical Storm/ Hurricane Warning" area of residence of a vacationing guest. The day that the National Weather Service orders a mandatory evacuation order in a "Tropical Storm/Hurricane Warning," area, we will refund:
1. Any unused portion of rent from a guest currently registered.
2. Any unused portion of rent from a guest that is scheduled to arrive, and wants to shorten their stay, to come in after the Hurricane Warning is lifted.
3. Any advance rents collected or deposited for a reservation that is scheduled to arrive during the "Hurricane Warning" period.
28. RENTERS LIABILITY
Renter accepts the premises in their present condition. Renter agrees to be fully responsible of said premises, while premises are in Renters care. Renter also agrees to abide by ‘House Rules’ sheet, as provided with rental Agreement. ‘House Rules’ are a minimum set of requirements, for the safety and enjoyment of the Renter during his/her stay on the premises. The ‘minimum requirements’ are meant as a guide, and not an ultimate set of rules. Renter shall use ‘best judgment’ in relation to the property at his/her possession and use property with ultimate caution. Renter agrees to and takes full responsibility of; ‘House Inventory’. Said ‘House Inventory’ are personal belongings or any items in the unit/home. Renter shall be cautious of Owner belongings. Renter agrees to not make any alterations, additions, repairs or improvements and/or any removal of owner personal property from the premises. The Renter also agrees to fully accept the liability of his/her negligence or any negligence caused by a family member or guest of the Renter. The Renter agrees to immediately notify owner if an infraction of the agreement occurs with regards to damage or personal items missing. The Renter agrees to pay Owner for any damage in excess of security deposits. Renter will pay any reasonable attorneys fees and court costs, if any, incurred by the Agent or Owner in enforcing this contract in court or otherwise to recover costs of damage.
The parties acknowledge that Renter will have a fiduciary duty to Agent and Owner and will have access and use the property during his/her occupancy as a renter. Renter shall protect, defend and indemnify Agent and Owner from any damages, demands, claims, causes of action, lawsuits, or injuries arising from or relating to his rental of the property or its operation, occupancy and/or use during the term of this Agreement. Agent and Owner will assume NO PERSONAL LIABILITY with respect to renter, family of renter, visitor (s) of renter, or anyone while Renter is occupying said property. In no event shall the Agent or Owner be liable to Renter for any consequential or indirect damages, injury, or pain and suffering incurred by renter in connection with the Rental of the specified premises. The use of stairways, balconies, pools, Koi ponds, Jacuzzis, showers, ocean, cliffs areas etc. as well as gas or electric appliances are at the renter, family of renter, or visitors own risk.
The property manager will not be liable for any damages or injury to the Guest, or any other person, or to any property, occurring on the premises or any part, or in common areas. The Guest agrees to hold the Property Manager harmless from any claims for damages, regardless of how caused. The subject property may have located thereon a swimming pool, Jacuzzi or have ocean front access. Swimming pools and spas are inherently dangerous, especially to young children and the infirm. The following are prohibited; diving & scuba gear, running in pool area; glass containers in pool area, or on the lava beds; any children in or around the pool or the ocean without adult supervision. In consideration of the owner’s agreement to rent the subject property to the Guest, Guest agrees to strictly abide by the Pool and House Rules, use a standard of caution around the ocean and does further agree to indemnify, defend and hold harmless owner and the Property Manager from and against all claims, liability or loss that Guest may sustain from the use or operation of the swimming pool, Jacuzzi and the ocean by Guest and/or Guest’s invitees.
In that the property manager does not personally own their rental properties (they are a third party management company) the property manager shall be held harmless for all claims, liability or loss that guest may be sustained from use of any of their rental properties, including but not limited to if a property should no longer be available to rent for any reason out of their control (unbeknownst foreclosure or other previously known owner controlled decisions, acts of nature, etc.).
The property manager is diligent to have knowledge of such potential circumstances but we are not always privy to owners’ circumstances in advance of such occurrences. Should your property no longer be available you will be notified as soon as we are aware of such circumstances. The property manager will make a concerted effort to move your party to another property managed by the property manager, otherwise all rental monies will be returned to the Guest immediately.
Guest’s personal property and vehicles are not insured by the property manager. The property manager is not responsible for any loss or theft both inside and outside the unit. Please make sure your unit is locked and secure when you are not present, or during the night. We are not responsible for any left or lost items, so please make sure you check everything before you depart. The Guest will at the Guest’s expense maintain the premises, furnishings and appliances in clean and good condition and will surrender the same upon termination of this Agreement in as good a condition as when received. The Guest understands that the Guest will be responsible for repair of all negligent or purposeful damage.
A sixty (60) day notice is required for cancellation (Ironman and Holidays have no refunds). Cancellations made sixty (60) days prior to arrival with written notice shall be given a refund minus a $175.00 cancellation fee. A $250.00 cancellation fee is in place for homes. Cancellations or changes made within sixty (60) days of the arrival date shall forfeit the entire rent and excise tax (less security deposit) unless we are able to re-rent the property. Refunds on any forfeiture will be issued the dollar value the unit is re-rented for during the same dates as the cancelled reservation. There is no refund for early departure or no shows.
CSA Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. If declined, you acknowledge you have read and understand our cancellation policy and choose not to purchase Vacation Rental Insurance on behalf of all occupants.
32. MONTHLY RESERVATION CANCELLATIONS
(If applicable) Monthly renters must cancel one hundred twenty (120) days prior to check-in. Monthly renters who make a change that results in a shortened stay must be made (90) days prior to check-in.
33. VACATION RENTAL DAMAGE INSURANCE
The CSA Vacation Rental Damage plan covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $3,000. Any damages that exceed $3,000 will be charged to the credit card on file. If you damage the real or personal property assigned to your rental accommodation during the trip, the Insurer will reimburse the lesser of the cost of repairs or the Actual Cash Value of the property, up to $3,000. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy ( ). By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly the property manager any amount payable under the terms and conditions of the Vacation Rental Damage.
34. CHECK-IN INSTRUCTIONS
Approximately two weeks before your departure and subject to receipt of full payment and all paperwork received and web based legal acknowledgements received by the property manager, you will receive our Rental Receipt and Directions Letter via email. This package will provide you with driving directions from the Keahole (Kona) Airport to your property, as well as the lock box code (containing your emergency key). Please be mindful to replace that emergency key back into the lock box right away so as to avoid getting locked out at a later time. This lock box will be typically located at the front door of your location. It may be wise to bring some sort of light as outside lights are not typically left on (a cell phone light will work fine) after dark. You may be instructed to check in with an on-site office upon arrival (or within the next day).
35. TERMINATION OF TENANCY
Upon termination, the Guest will: (1) completely vacate and clean the premises and any parking or storage areas used by the Guest; (2) leave keys in unit, (3) leave remote controls and garage door openers in the unit, (4) leave all furnishings in the same condition as received (do not move furniture unless medically necessary and please let us know this has been done in advance). the property manager reserves the right to immediately terminate the tenancy if the Guest violates any part of this agreement and risks a minimum $250 fine.
36. ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding of the Parties concerning its subject matter, and supersedes and replaces all prior negotiations, proposed agreements, and agreements written or oral. Each Party acknowledges that no other party, or agent or attorney of such other Party, has made any promise, representation, or warranty whatsoever, express or implied, not contained in this Agreement, to induce such Party to execute this Agreement. Each Party further acknowledges that such Party is not executing this Agreement in reliance on any promise, representation, or warranty not contained in this Agreement.
If any provision, section or other portion of this Agreement is determined by a court or other judicial or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, such illegal, invalid or unenforceable provision, section or other portion shall not affect the legality, validity and enforceability of any other section, provision or portion of this Agreement, and each such provision, section or other portion shall be enforced to the full extent permitted by applicable law.
38. CHOICE OF LAW
This Agreement shall be governed by the law of the State of Hawaii without regard to internal conflicts of laws.
39. ATTORNEY FEES
In the event that either party is required to retain the services of any attorney to enforce or otherwise litigate or defend any matter or claim arising out of or in connection with this Agreement, then the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded or granted, its reasonable costs and expenses (including attorneys’ fees) incurred in the proceeding.
40. COMPLIANCE WITH LAW
Both parties agree to comply with all applicable federal, state, and local laws and regulations in performing their duties.
By acknowledging this agreement below you are thereby authorizing the Property Manager to include your address in our mailing lists, to inform you of special offers and opportunities. All notices, demands, or consents required or permitted under this Agreement will be in writing and will be delivered in person or by facsimile, mailed or emailed prior to stay. The service of any notice on one Guest will be deemed a service of all occupants on the premises.
Acknowledging this form indicates that you have carefully reviewed this contract and agree to accept its terms and conditions. I hereby accept the above assignment and subject myself to all the promises and covenants therein contained. I fully understand that this assignment binds me to comply with all the terms and provisions of this lease agreement.