This Rental Agreement (the “Agreement”) is made by and between (the Manager”) and the person agreeing to this rental by completing a reservation (the “Guest”) and applies to all reservations booked via Manager's Internet website. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
1. RENTAL PROPERTY (the “Property”): The Property is the one that Guest has arranged to rent via our website.
2. VACATION RENTAL DAMAGE PROTECTION: As part of your stay you must purchase a Vacation Rental Damage plan designed to cover unintentional damages to the rental unit interior that occur during your stay. If purchased, the policy will pay a maximum benefit of $3000. Any damages that exceed $3000 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 $3000. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy ). The Vacation Rental Damage can be purchased up to, and including at, check-in.
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 plan. Please contact the Property Manager directly if you do not wish to participate in this plan or assignment.
If the Vacation Rental Damage Protection is not purchased, then a Damage Deposit will be required. The amount specified as the Damage Deposit sum as required by Manager and /or any payments required for the rental, must be paid to Manager at time of Internet or direct booking or the reservation will be automatically cancelled without notice. This Agreement shall not be binding unless and until the Manager has received the amount specified and all credit card charges have cleared the bank.
3. TAXES: Taxes as required by the State of Hawaii include the collection of a 9.25% Transient Accommodations Tax and a 4.166% General Excise Tax on all rental and cleaning fees. Taxes are subject to change.
4. CANCELLATIONS: Cancellations must be made in writing and received by the Manager. All cancellations are subject to a $750 cancellation fee.
5. PETS: Pets are not permitted in the rental property. Violation is grounds for immediate termination with no refunds of rent, tax or deposit.
6. ALL RENTALS ARE TO FAMILIES AND RESPONSIBLE ADULTS ONLY: Occupancy is restricted to those people listed in Section 23. The Guest agreeing to this contract must be at least 21 years of age. Violation of any of these terms is grounds for termination. Guest agrees that the premises shall not be used for any illegal or unlawful purposes. Occupancy and use of premises and common areas in such a fashion that disturbs or offends other guests or residents is grounds for termination. We wish you to have an enjoyable vacation, but you must respect the rights of other guests and the rules of the Resort's Homeowner’s Association.
7. CHECK IN/CHECK OUT: CHECK IN will be after 3:00 P.M. on the arrival date. CHECK OUT on the date of departure will be by 10:00 A.M. Failure to check out by 10:00 A.M. will result in a charge to the Guest equal to one night’s rent. Please remember that the next guests are waiting.
8. CARE OF PROPERTY: Guest is expected to care for the property as if it were their own. Guest is responsible for any damage to property and/or its contents, as well as any contents found to be missing after Guest’s occupancy. Any damage to the property during the occupancy will be Guest’s responsibility and must be reported to the Manager and paid prior to departure. Failure to comply will give the Manager the right to deduct appropriate sums from the Vacation Rental Damage Protection, and/or to charge Guest’s credit card for appropriate sums.
Rearranging of furniture is not permitted. Guest must leave the property in a clean condition to include the following: All trash removed from the Property. All dishes put away or loaded in the dishwasher. All lights, air conditioners and ceiling fans turned OFF. All doors and windows closed and locked. Failure to complete these tasks could result in a charge to the Guest.
9. GRILLING: Grilling permitted only in community grills. ABSOLUTELY NO GRILLING ALLOWED IN THE PROPERTY OR ON THE LANAI.
10. LOCKED STORAGE AREAS: LOCKED AREA AND/OR AREAS DESIGNATED AS OWNER’S PERSONAL STORAGE AREAS are exempt from this lease Agreement and are off limits to the Guest. Forced entry into these areas is grounds for immediate termination and Guest will be charged for damage and/or missing items.
11. DELIVERY OF PROPERTY: In the event that the Manager is unable to deliver said property to Guest under this lease agreement prior to occupancy because of fire, eminent domain, act of nature, or any other reason whatsoever, Guest hereby agrees that Manager’s sole liability as a result of these conditions is a full refund of all consideration previously tendered by Guest. Pursuant to the terms of this lease, Guest expressly acknowledges that in no event shall Manager be held liable for any consequential or secondary damages.
12. LOST, STOLEN, OR ABANDONED ARTICLES: Manager shall not have any responsibility for lost, stolen or abandoned items.
13. INDEMNITY: All of the Properties are privately owned; the Owners and Manager are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities. The Owners and Manager are not responsible for the loss of personal belongings or valuables of the Guest. By accepting this reservation, it is agreed that all Guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise. The Guests’ agree to release and indemnify the Owner and Manager from and against all liability, should anyone be injured upon the premises during the term of the lease, resulting from any cause whatsoever.
14. NON-SMOKING: The Property is non-smoking. Smoking may be allowed in certain outdoor areas per the Resort's Homeowner’s Association. If smoke is in The Property, Guest will be charged a fee of $500.00 to clean the Property thoroughly.
15. REFUND OF DAMAGE DEPOSIT (IF VACATION RENTAL DAMAGE PLAN NOT PURCHASED): The Damage Deposit is NOT applied toward rent; however, it is fully refundable within (14) days of departure, provided the following provisions are met:
a. No damage is done to Property or its contents, beyond normal wear and tear.
b. No charges are incurred due to contraband, pets or collection of rents or services rendered (including unpaid services provided by the Resort) during the stay.
c. All debris, rubbish and discards are placed in dumpster, and soiled dishes are placed in the dishwasher and started.
d. All keys are left on the kitchen counter and Property is left locked.
e. All charges accrued during the stay are paid prior to departure.
f. No linens (including bedspreads, pillows, towels, etc.) are lost or damaged.
g. NO Early check-in or late check-out.
h. The renter is not evicted by the Manager, the local law enforcement, The Resort Security Company or The Resort Management.
16. INCLUSIVE FEES: Rates include a one-time linen-towel setup. Amenity fees may be required for tennis, golf putting, shuffleboard, classes, other Resort charges and parking.
17. NO DAILY MAID SERVICE: While linens and bath towels are included in the Property, daily maid service is not included in the rental rate, however it is available at an additional rate. We supply beach towels. We do not permit bath towels or linens to be taken from the Property.
18. HURRICANE/EARTHQUAKE/FLIGHT CANCELLATION/STORM POLICY: No refunds will be given for any acts of nature or travel delays. We highly recommend you purchase travel insurance.
19. TRAVEL INSURANCE: We highly recommend you purchase travel insurance. You may do so as you make your Internet reservation.
20. RENTAL RULES: Guest agrees to abide by the Rental Rules attached as Exhibit A at all times while at the Property and shall cause all members of the rental party and anyone else Guest permits on the Property to abide by the following rules at all times while at the Property. Guest further agrees to abide by any other rules and security as set out by The Resort Management.
21. ACCESS: Guest shall allow Manager Access to the Property for purposes of repair and inspection. Manager shall exercise this right of access in a reasonable manner.
22. GUESTS ALLOWED: Only Guests listed during the Internet rental booking are allowed to stay in the Property.
23. CHECK IN AND CHECK OUT DATES: Are the ones as agreed to during the Internet booking process.
24. RENTAL FEES: All rental fees are due and payable during the Internet booking process.
25. PAYMENT: Acceptable payment methods for the Internet booking process are Credit Card only.
By completing your Internet booking process, you hereby give permission to charge your credit card for the amounts specified during the booking process and that this credit card authorization cannot be revoked and will not terminate until 30 days after The Property is vacated by Guest. I agree that all rental monies are non-refundable per cancellation policy above. I have read my rights to purchase travel insurance.
YOUR COMPLETION OF THE INTERNET BOOKING PROCESS, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY, IS EVIDENCE OF YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR INTENT TO LEASE THIS PROPERTY FOR A VACATION RENTAL.
1. Smoking is NOT allowed in the Property. Smoking is allowed outside in designated areas only.
2. People other than those in the Guest Party as set forth during the Internet booking process may not stay overnight in the Property. Any other person in the Property is the sole responsibility of the Guest. There are quiet hours posted at the Resort. Please observe them.
3. Keep the Property and all furnishings in good order.
4. Only use appliances for their intended uses.
5. Pets are NOT allowed.
6. Parking: Parking Passes –Parking passes are issued upon check in. Guests must display parking pass on the rear view mirror at all times. Failure to display may result in towing of vehicle at Guest’s expense.
7. Housekeeping: There is no daily housekeeping service. While linens and bath towels are included in the Property, daily maid service is not included in the rental rate. We do not permit towels or linens to be taken from the Property. Beach towels are available in the Property for use outside by the pool or beach.
8. Pool/Spa: Please obey the rules posted by the pool and spa. When using the spa, remember there is a certain health risk associated with this facility. Use at your own risk.