Terms

RENTAL AGREEMENT




Aloha! We are excited to welcome you as a Guest to our resort property and Island of Maui.

Please sign this Rental Agreement at your earliest convenience. You may return your Vacation Rental Agreement by fax, or you may email a scanned pdf of your Rental Agreement. For questions, please call the customer service.

You must return this contract within 7 days of receipt of this contract or your reservation is subject to cancellation. Your booking deposit is 50% of the total amount due (or 100% is due if reservation is 60 days or less from check-in date). All deposits and payments are required to be paid by credit card. Reservations canceled for non-receipt of contract are liable for all applicable cancellation penalties, as outlined below. You must cancel within 48 hours of booking to avoid cancellation fees. After we receive the signed and initialed contract and your total payment we will send your Check-In Instructions and emergency contact information.

IMMINENT ARRIVAL: All reservations made within 60 days of arrival will be charged in full to guest credit card provided at the time of booking. 100% refund for cancellations more than 60 days before check-in date. 50% refund for cancellations more than 30 days before check-in date. No refunds for cancellations made 30 days or less from check-in date.

All occupants residing in the unit are required to be listed below. If any occupants are minors, please include age.


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TENANT DUTIES AND SECURITY DEPOSIT: Tenant's security deposit ($500.00), shall be applied to the cost of repair or replacement of damage to the Premises caused by Tenant, Guests or Invitees beyond ordinary wear and tear. Security Deposits will be refunded within 14 days of Tenant's departure (less any allowable deductions). Tenant agrees to reimburse the Owner for any damage to the Premises caused by Tenant, Guests, or Invitees that is in excess of the security deposit. Damages shall include reasonable attorney fees and court costs incurred by Agent or Owner in the enforcing this agreement.

Tenant shall be responsible for, and assumes liability, for all damages, defacement, or removal of property inside the Premises that is in Tenant's control, unless the damage, defacement, or removal is due to ordinary wear and tear, acts of the Owner or Agent, defective products supplied or repairs authorized by the Owner, acts of third parties not invitees or the Tenant, or natural forces. All breakage and property damage during Tenant' s occupancy shall be reported to Agent by Tenant prior to check-out. Tenant will be notified in writing concerning the application and use of security deposit funds.

Guest will be responsible for, all repair or replacement costs if: guest fails to report damage to ISLAND OASIS REALTY, INC.; guest fails to return keys, pool keys/cards, parking passes, or garage door openers as required; the terms of the rental agreement have been violated; damage is the result of moving furniture from its original location; damage is done in a deliberate act by the guest or invitees of the guest; damage is the result of unauthorized entry into the owner's locked closet, smoking in the unit, or unauthorized pets in the unit; excessive cleaning is needed at check-out; parking violations resulting in a fine assessed to guest or property owner; fines resulting from violation of rental manager's policies, Home Owner Association Policies, or any laws. Theft and loss of use of the rental property are not covered expenses.



I certify that I understand and agree that: 1) my credit card will be charged for any damage, 2) I have read and understand damages accepted from coverage by the above paragraph; 3) it is my responsibility to report damage to the Property Manager upon discovery of the damage.


Credit Card Holders Name Credit Card Holders Signature Date

Please Initial Each Section Below:

ACCESS TO PREMISES: Owner or Agent may enter premises for the following reasons:
Assessing damages or malfunctions, to perform repairs and/or maintenance, to supply agreed upon services including but not limited to pest control, if the unit is for sale (we will provide 48 hours’ notice to show the unit at a reasonable hour), or in case of emergency. We reserve the right to enter the property any time for the purpose of safekeeping and/or prevention of further damage. We will attempt to notify guests prior to entry.

CANCELLATION I REFUNDS: For cancellation prior to 60 days of your check-in date your deposit will be refunded, less a $150 processing fee. Any interruption of services within the property or inclement weather during your stay will not serve to void or cancel the rental agreement. 100% refund for cancellations more than 60 days before check-in date less processing fee. 50% refund for cancellations more than 30 days before check-in date less processing fee. No refunds for cancellations made 30 days or less from check-in date.

CHECK-IN TIME is 3:00 PM – unless otherwise arranged (fee may be assessed)
CHECK-OUT TIME is 11:00 AM – unless otherwise arranged (fee may be assessed)

CHECK-OUT PROCEDURES: The property should be left in the same clean condition upon departure as at check-in. Please do the following when checking-out:

Rinse dirty dishes and put in the dishwasher.
Remove trash from kitchen and put in the outside trash container. Turn off all lights, fans, and air conditioning.
Shut all windows, louvers and lock all doors.
Leave keys where you found them upon check-in, or return them to office as required.
Leave no more than one set of towels per person and one set of sheets per bed for laundering.

_______ CLEANING: The cleaning fee is mandatory and non-refundable. Mid-stay cleaning(s) may be required for extended rent periods at Guest(s) expense. Housekeeping service is not included (unless otherwise stated). If you would like additional housekeeping, it can be arranged at an additional cost. Cleaning fees are subject to change. The cleaning fee includes laundering one set of sheets per bed and one set of towels per guest. You are welcome to use the fresh sheets/towels available, but please launder and replace the used ones or you may be assessed an excess laundry fee of $15/load. Guest(s) staying in houses must remove trash to the street once a week. The trash pick-up is early in the morning: Therefore place your trash on the curb the evening prior to pick-up. Trash cans must be brought in following the pick-up.

________ CONDITIOIN OF PREMISES: The property and contents are privately owned. The Property is rented with Owner's furnishings and the Property Manager will not be responsible for providing additional furnishings or equipment. No items belonging to the Owner shall be removed from the property. Should any equipment be out of order (including but not limited to hot tubs, washing machine, etc), Agent will undertake reasonable efforts to remediate reported problems during normal business hours, Monday-Friday 9:00a.m. to 5:00p.m. Please keep in mind that being on a remote island can often delay (unlike the mainland) the receiving of parts and repairs. There will be no refunds for such inconvenience. Guest authorizes the Property Manager or property Owner to repair damages or loses caused by Guest or invitees of Guest, at the expense of Guest. Guest are required to notify us of any defects or problems associated with the property immediately including but not limited to, appliances, audio/visual equipment, furnishings, hot tubs, pools, etc. Please be careful with items that you put down the garbage disposal. At home you might be able to put skins or vegetable leaves down your disposal, but the one in your rental may stop up. Absolutely no pineapple rinds, please. We ask that you be very cautious. Also, please do not turn the dial on the refrigerator colder than the recommended setting. Doing so may cause the appliance to shut down. Do not move the furniture. It may cause damage to the property.

________ DISCLOSURE & INDEMNITY: For purposes of the Disclosure & Indemnity, the following definitions shall apply: Premises refers to the real property, its contents and related amenities rented to the Guest(s) pursuant to this Rental Agreement; Guest(s) or Tenant(s) refers to the person or persons occupying the Premises, including member of Guest(s) family and any and all guests and invitees thereof; Owner refers to the legal owner(s) of the Premises. Guest(s) acknowledges (if applicable to property rented) the existence and dangers associated with but not limited to; hot tubs, BBQ, pool, sauna, gym (workout facility) and equipment, ocean, beach, golf course, bluffs, lofts and ladders. In light of the foregoing, Guest(s) agrees to indemnify and hold harmless Owner, its employees and the Property Manager and other agents from and against any loss, liability, damage or expense (including legal fees and costs) which Guest(s) may suffer, sustain, or become subject to as a result of, or in connection with, any injuring arising from or related to Guest's use of any of the above mentioned.

DISCLAIMER: We are not held responsible for any noise pollution including construction outside the perimeter of the property. All information deemed reliable but not guaranteed. Any breach of contract can cause immediate cancellation and forfeit of funds.

DISPUTE RESOLUTION: Any dispute must be governed by the laws of the State of Hawaii. In addition, disputes must be resolved in the jurisdiction of courts in the State of Hawaii (unless stated otherwise in property rental terms or at owner/agent requests).

ENERGY CONSERVATION: Please be energy conscious by turning off lights, fans, air conditioning, TV's, radios, etc. when leaving the unit. Also, please use laundry facilities sensibly and with consideration. Hawaii's energy costs are some of the highest in the nation.

ENVIROMENTAL DISCLOSURE: Guest(s) hereby acknowledges the State of Hawaii is exposed to such environmental hazards including, but not limited to Tidal Wave/Tsunami, Hurricane and Flood. Please refer to the local phone book regarding inundation area and evacuation instructions should a threat occur. Because we are in the Tropics, you may encounter geckos and other pests. Our properties are treated regularly for pest control maintenance; however, pests are a normal part of life in the tropics. Neighbors of the subject property may also use pesticides and chemicals that may affect a person who is sensitive to pesticides and other chemicals. Every person reacts differently to various pesticides, chemicals, and molds. Some homes may be more prone to mold than others. If Guest(s) are sensitive to pesticides, chemicals, or mold, Guest(s) are urged to investigate this issue of possible health or safety prior to arrival.

_______ LATE CHECK-OUT POLICY/FEE: Should you wish to stay in the unit beyond the 11 a.m. check-out, please inquiry immediately. Late check-outs are subject to approval and are not guaranteed. The late check-out fee is a half night's rent, plus tax. Late Check-Out: After 11 a.m. but Before 12 Midnight. An Overstay Fee of one night's rent, plus tax, will be assessed if a Late Check-Out has not been approved.

LOST KEYS AND PARKING PASSES: I understand that there is a $50 replacement charge for a lost (or unreturned) pool, door key or parking pass. The fee for a lost or unreturned garage door opener is $150. Due to the next guests requiring keys, opener, and parking pass, you will not be able to avoid the replacement charge by mailing the items back to us. Note: not all properties will have a door key, if they have a keyless entry system. Some properties will also have a keyless entry code for the pools. You will receive the code to the door and pool with your final reservation documents once your booking is paid in full.

_______ MULTIPLE PROPERTY BOOKINGS: Because all properties are individually owned, we kindly request that you do not take items to other units from your rental or accept items brought to your rental from other properties. This includes, but is not limited to beach towels, linens, lawn furniture, kitchen dishes, glasses, cups, kitchen utensils, etc. The owners wish to have their own items in their own unit. It can become costly to replace these items (and this may incur an additional fee charge to your credit card).

_______ NEIGHBORHOOD CONSTRUCTION: We are not responsible for any unforeseen construction noise or other inconvenience out of our control that may occur during your stay. No refunds will be given.


NO ASSIGNMENT: Over-crowding or misrepresentation is grounds for immediate eviction without refund. This unit cannot be sublet or assigned to others.

NON-LIABILITY AND INDEMNIFICATION OF OWNER AND AGENT: The Property Manager and Owner are held harmless and will not be held liable or responsible for any disasters, acts of God, accident, illness or unforeseen event that may affect the vacation rental. Guest(s) agree to hold harmless and indemnify the Owner and Agent from any and all costs, expenses, legal proceedings, legal fees, suits, claims, or demands, whether from loss of life or injury to Guest(s) and/or invitees of Guest.

Guest(s) accepts responsibility for the acts of his/her children and visitors. The Property Manager and Owner are not responsible for articles lost, stolen, or left behind in the unit and are not liable for any damages to persons or their property while at the rental property.

The Property Manager acts as an Agent for the Owner, Owner' s discretion prevails. If the Property Manager cooperates with another agency in securing the rental, we will not be held responsible for their course of action.

If the property is near a golf course you assume the risk of being hit by a golf ball and will not hold the property Owner or the Property Manager liable.

OCCUPANCY: Only members of the rental party may stay at the property. All members of the rental party must be listed on the first page of this agreement. Please note that infants and children of all ages count as a Guest(s). Guest(s) must immediately notify Agent by phone and in writing if the number of occupants changes. Additional Charges may apply. The premises shall be used for residential vacation rental purposes only. Special events such as parties, receptions, etc., shall not be allowed without the express written consent of Agent. You shall not use the property for film making, photo shoots or other commercial use, nor for unlawful, improper, or offensive use.

PAYMENT: Full payment is due no later than 60 days prior to check-in. Reservations not paid in full by the final due date shall be subject to cancellation and forfeiture of funds. If a reservation is made within 60 days of the reservation check-in date, full payment is required at time of reservation.

PETS: Pets are not allowed in the home or on the property.

RETURNED CHECKS: If any portion of Guest's payment is not honored by the bank, Agent reserves the right to require payment to be made by wire transfer, certified check, money order, or credit card, or to cancel the Guest's reservation. In addition, the Guest must pay a $35 NSF service charge.

_______ RISKS ASSOCIATED WITH THE OCEAN: There are certain inherent risks to persons and property as occupants of property located near the ocean, including but not limited to damages to person or property from high surf conditions and drowning. Guest(s) acknowledges that the Owner would not rent the property unless the Guest(s) fully accepts the risks associated with the property and its location.

RULES, REGULATIONS, AND LAWS: Guest(s) will take all reasonable steps to assure that property occupants adhere to the Rules, Regulations, and Laws that effect the property, Homeowner’s Association, the Property Manager and the State of Hawaii. Guest(s) shall not permit any use of pools or hot tubs by Guest(s) affected by drugs or alcohol or unsupervised children. All pool gates should be kept closed. Guest(s) and other invitees shall use pools and hot tubs at their own risk and at the responsibility of the tenant (applicable if amenities are provided at the property).

SECURITY OF HOME & RENTAL EQUIPMENT: Guest(s) assume full responsibility for the premises rented, including its contents and their own personal property. Always lock the doors and windows when you leave. Lock your automobiles and put away any rental equipment. Use of rented equipment by Guest(s) is strictly at your own risk and could cause liability and/or additional expense. The Property Manager is not held liable or responsible for any loss, damage or additional expenses incurred; nor does the Property Manager endorse any suggested or recommended activities and/or services to Guest(s).

_______ SMOKING: All properties are smoke-free. Guest may smoke in designated smoking areas outside only, if allowed. Please dispose of all smoking materials appropriately and do not discard on the grounds.



SUBJECT TO CHANGE: Advertising amenities are subject to change without notice or compensation. Changes can occur after a reservation is made due to a sale of the unit, remodeling, mechanical failure, or servicing. Should a property be made unavailable for any reason beyond the control of Agent, Agent may substitute (at their discretion) another comparable or better property. If the substitute is of lesser value, refunds may be made. If no other property is available, the limit of liability by property owner or the Property Manager is to refund any pre­paid rents that have been paid by the registered Guest.

Mahalo,

EMERGENCY CONTACT: All guests must provide the Property Manager with Emergency Contact information here:

Name:

Relationship to Guest(s):

Address:

Phone Number(s):

Email:



Signing this agreement constitutes a contract, namely:

1) Acceptance of all terms, conditions, policies, procedures and addendums detailed herein.
2) Acceptance of full responsibility for late departure, any loss of inventory, excessive housekeeping, damage or repairs due to abuse or neglect of the property occurring within the duration of your stay.
3) Acceptance of full responsibility and liability for all guests or visitors at the property during your stay.


Tenant/Guest Signature: Date:


Print Name:


Flight Arrival Time: Flight Departure Time: