This luxurious 3Bd/3Ba resort condominium with spectacular views is located along the 12th fairway of the Waikoloa Beach Golf Course and is exclusive only to residents and guests.
Definitions. For purposes of this VRA, the following definitions shall apply: “Property” refers to the real property, its contents, and related amenities rented to the Guest pursuant to this Agreement; “Guest” refers to the person(s) occupying the Property, including members of their family, their invitees and guests; “Owner” refers to the legal owner of the Property, its agents and employees; “Hawaii Life” refers to Hawaii Life Real Estate Service, Inc., a Hawaii corporation, its agents and employees.
By agreeing to the rental terms online you are entering into a binding contract with Hawaii Life and authorizing Hawaii Life to charge your credit card amounts due.
Initial Payments: Initial deposits are due upon booking. The initial deposit plus travel insurance if you accept coverage, is automatically charged on your credit card upon booking. In the event the Initial Payment is not received, Hawaii Life reserves the right to cancel the reservation with no further notice to guest. Payments are held in a non-interest bearing Client Trust Account. Hawaii Life retains the right to retain the Initial Payment, or a portion thereof in the event of cancellation. **THE NAME ON THE RESERVATION MUST MATCH THE NAME ON THE CREDIT CARD GIVEN FOR PAYMENT.
Balance Payments: The balance of all payments, plus applicable taxes, shall be paid ninety (90) days prior to your check-in date and will be charged to the card on file unless otherwise arranged. Reservations not paid in full by the balance due date shall be subject to cancellation. If your booking is made within ninety (90) days of arrival, full payment will be charged to your credit card upon booking. *Please do not send post-dated checks, checks are processed when received. Any fees associated with a post dated check will be charged to the guest.
Property Protection Program: Our properties and their contents are valuable and reasonable care should be taken with them during their rental. Our company, including the participating rental property homeowners we represent (“we”, “our”, “us”), is an additionally-insured participant in a Property Protection Program that reimburses certain costs for unintentional accidental damage to our properties during their rental occupancy. We charge renters a non-refundable administrative fee to defer our costs for Program participation. If, during a renter’s occupancy, renter or a member of renter’s party or renter’s guest causes any damage to real or personal property of our rental property as a result of unintentional accidental acts or omissions, renter must notify our property management office at that time, and before check-out. For rentals that exceed the coverage limits of the Program, we may collect a supplementary refundable (net of any damage reimbursement) security deposit from renter upon check-in. Renter is liable to us for any damages caused by renter or a member of renter’s party or renter’s guest that are not reimbursed to us or exceed the maximum per-incident limit of our coverage, and the credit card on file and/or any collected security deposit will be charged. Special or large event or pet deposits may be charged in certain situations. This Program is not offered or available for sale to renters.
Refundable Security Deposit: In addition to the damage insurance you will be required to pay a Security Deposit. The Security Deposit refund is processed 14 days after departure unless damages or missing items are reported. Hawaii Life retains the right to withhold the Security Deposit (“Security Deposit”) after expiration or termination of Guest’s tenancy, and to deduct from the Security Deposit costs for extraordinary expenses or damages including, but not limited to, damage to the Property, loss and/or misuse of personal property (e.g., internet modems/cables), excessive laundry and/or cleaning, staining of linens/towels/carpets/furniture, loss of keys and/or garage door openers, rearranging of furniture, or long distance or per call telephone charges. If expenses and/or damages exceed the amount of the Security Deposit, Guest shall be required to pay additional fees to restore the Property to its pre-rental condition within ten (10) days of Guest’s receipt of additional billing.
Reservation Changes/Cancellation Policy. Guest shall provide Hawaii Life with immediate notice (by phone, fax or email) of any change in the status of their reservation (e.g., dates, arrival time, number of Guests) and such changes need written confirmation and acceptance by Hawaii Life. Each change that results in the issuance of a revised VRA will incur a $75 service charge. In the case of a complete cancellation, Guest acknowledges that a refund of advanced rent monies (less a $200 to $500 service charge) requires a written notice. For cancellations made within balance / full payment due period (typically 90 days prior to arrival date or less if booking was made less than 90 days of arrival date), all rent + tax payments shall be forfeited. Interruption in services within the Property and/or inclement weather during the Reservation Dates shall not serve to void or cancel the Vacation Rental Agreement or any portion thereof. If you have purchased Travel Insurance and need to cancel within 90 days of arrival, Hawaii Life will refund your security deposit, departure cleaning fee, and transient accommodation tax. No further refunds will be given by Hawaii Life. A claim must be submitted with Rental Guardian for reimbursement of non-refundable charges.
Subject to Change. Guest acknowledges that when, due to circumstances beyond Hawaii Life’s control, the reserved Property becomes listed for sale, change of ownership, unavailable or uninhabitable, substitute accommodations will be offered. If at the time the Guest is to begin occupancy of the Property, the Owner or Hawaii Life cannot provide the Property in a fit and habitable condition or substitute a reasonable comparable property, the limit of liability of the Owner and Hawaii Life is to refund any payments received from Guest. Guest acknowledges and understands that Owner and Hawaii Life are not responsible for acts of Government, such as laws and regulations; God, such as hurricanes, and other disasters, or for other lesser acts of God, such as bad weather. NO REFUNDS WILL BE MADE to a Guest by reason of the above.
Disclosure and Indemnity. Guest acknowledges, if applicable to Property, the existence of dangers associated with, but not limited to, hot tubs, BBQs, pools, saunas, gym (workout facility) equipment, rivers, lakes, oceans, ponds, playgrounds, golf balls, lofts and ladders. In addition, Guest acknowledges the existence of certain inherent risks to persons and property located in the vicinity of the ocean, including, but not limited to, high surf conditions, dangerous riptides, coral reefs, hurricanes, tropical storms. Guest acknowledges that the Owner would not rent the Property unless Guest fully accepted the risks associated with the Property and its location. In light of the foregoing, Guest agrees to indemnify and hold harmless Owner and Hawaii Life from and against any loss, liability, damage or expense (including legal fees and costs) that Guest may suffer, sustain or become subject to as a result of, or in connection with any injury, accident, or death arising from or related to Guest’s use of the Property. Furthermore, Guest assumes full responsibility for the Property, including its contents and Guest’s personal property. Guest shall take all reasonable steps to insure that occupants adhere to all rules, regulations and laws affecting the Property. Guest shall not permit the use of pools, hot tubs or exercise equipment (if available) on the Property by any person under the influence of alcohol or drugs, or by unsupervised minor children. Guest acknowledges that Guest should take precautions when leaving the Property (e.g., lock all doors, including automobiles). Rental equipment used by the Guest is strictly at Guest’s own risk. Owner and Hawaii Life shall not be held responsible for any loss, damage, or additional expense incurred.
Theft/Burglary/Break In. The State of Hawaii is not immune to theft. The home may or may not be equipped with an alarm system. Guest acknowledges that Guest should take precautions when leaving the Property (e.g., lock all doors/windows, including automobiles).Should theft occur from either interior or exterior of the premesis, the local Police should be called and make a police report. The Owner nor Hawaii Life is not responsible to relocate due to these circumstances. The Owner nor Hawaii Life shall not be held responsible for any loss, damage, or additional expense incurred, including reimbursement of rental funds or loss of personal items.
Environmental Disclosure. Guest acknowledges that the State of Hawaii is exposed to environmental hazards including, but not limited to, tidal waves, hurricanes and floods. Please refer to the local phone book for information pertaining to evacuation procedures. In the event of an emergency, the State of Hawaii utilizes a warning alert system (emergency sirens are tested on the first working day of every month at 11:45 a.m.). Guest is responsible for using their best efforts to familiarize themselves with property, its location, and surroundings. Some of the properties are in a remote location. As such, what would be considered normal response time for public services in an urban area may not be available in this location, i.e., police, fire, and emergency services. Also, naturally dwelling animals, reptiles and fauna are different then might be encountered in an urban setting and some might be considered “pests” by some individuals, i.e., centipedes, geckos, roaches, spiders, rodents, termites and mosquitoes. You should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of renting a home in a area with strong rural character. Also, Guest acknowledges this is a binding contract and cannot be released from the contractual obligations upon arrival.
Smoking Policy. The Property is smoke-free. Guests may smoke outside the Property bounds only, disposing of all smoking materials appropriately, safely and NOT INSIDE the home.
Occupancy/Use. Only those Guests listed on the VRA may stay at the Property. Guest may not sublet or assign the Property. Overcrowding or misrepresentation of the number of Guests shall be grounds for immediate termination of this Agreement and eviction from the Property. The Property shall be used for residential vacation rental purposes only and NOT be one of multiple homes booked for a larger group. Special events such as parties, weddings, receptions, etc., require the express written consent of Hawaii Life. Special terms will apply and Guest shall be required to sign a Special Event Addendum. Under no circumstances shall the Property be used for illegal or commercial purposes, e.g., film making or professional photo shoots. Hawaii Life and/or Owner must be notified of and agree to any additional services at the Property, including but not limited to, chefs, massage therapists, etc. Quiet hours are required from 10 pm to 8am. Guest may cook/BBQ only in designated areas. Parental TV controls and other alterations of devices must be restored prior to departure. Furnishings and decorations shall not be moved without permission. Guests will not disturb Owner’s personal effects stored on property. Guests shall avoid walking on floors or sitting on furniture if wet or without removing sand and sun products. Guest will not drag luggage or golf bags across floors. Guests will keep windows closed when house is unattended. Guest has been advised Kauai’s volcanic soil contains compounds that can stain all types of floors, carpet, linens, and upholstery, therefore this property requires that shoes be removed upon entry to avoid unnecessary soiling or unintended staining. Guest acknowledges that the Property, including the furnishings, is privately owned. Neither Owner or Hawaii Life shall be responsible for providing any additional furnishings or equipment not presently on the Property. Any additional furnishings, equipment, etc. guest wants to arrange must be given prior written consent by Hawaii Life. Guest shall indemnify the Owner and Hawaii Life for any damages to the Property, including damages to the furnishings and household items, which occur as a result of the Guest’s occupancy and must notify of such damage or any problems at such time. Guest’s Deposit may be applied to actual damages to the Property. Guest understands that certain areas, such as locked closets designated for private use, are reserved for the exclusive use of the Owner and will not be available for the use of the Guest. No items belonging to the Owner shall be removed from the Property. Owner, Hawaii Life, or their representatives shall have the right to enter the Property during Guest’s occupancy to inspect, make repairs and show the property for sale (if applicable and with notice). Should any Property equipment be inoperable, Hawaii Life will undertake reasonable efforts to act on reported problems during normal business hours. Guest is reminded that the Islands of Hawaii are remote and delays are common with respect to repair service. No refunds will be issued for any inconvenience caused by inoperable equipment. Guest authorizes Hawaii Life and/or Owner to repair damages caused by Guest, and Guest’s invitees, at the expense of Guest and, in this regard, authorizes Hawaii Life and/or Owner, and their respective agents and subcontractors to enter the Property to: (i) assess equipment damage and/or malfunction; (ii) perform repairs and/or maintenance; (iii) supply agreed-upon services; and (iv) in case of emergency, for safekeeping and/or preventive maintenance.
Princeville: Vacation Rentals within the Princeville area prohibit parking in the street or on the grass. Fine is $100 and responsibility of the guest if rules are not adhered to.
Construction. Hawaii Life and Owner are not responsible for any inconvenience caused by construction noise and/or activity in the vicinity of the Property. Guest may call Hawaii Life to inquire as to the status of any neighboring construction. Any refunds due to a cancellation resulting from construction activity shall be subject to the Cancellation Policy.
Check-Out Procedures. Please observe the check out times. All unapproved late check-outs will be charged a minimum of $150. Our housekeepers are on a tight schedule and delays in departure will incur additional fees. Upon check-out, Guest shall: (i) leave the Property neat and tidy; (ii) place all perishable food items in the refrigerator; (iii) wash all dishes; (iv) turn off all lights, fans, and air conditioners; (v) lock all windows, louvers and doors; (vi) leave all keys in the same location as they were upon check-in; and (vii) leave no more than one (1) set of towels per person and one (1) set of sheets per bed for laundering.
Cleaning. The Cleaning Fee is mandatory. In some cases, Mid-stay cleaning may be required every seven (7) days at Guest’s expense. Unless otherwise specified, maid service is not included. Additional fees will apply for maid service. The Cleaning Fee is subject to change without notice. Guest must notify of trash build up, to request removal when needed, which shall be at minimum once a week. Guest shall keep trash within the home to no more than the provided kitchen trash container holds and keep regular removal from such to the exterior trash cans, keeping trash can lids secured.
Energy Conservation. Please be energy conscious by turning off lights, fans, air conditioners and electrical appliances when they are not in use. We respectfully request that you use laundry facilities sensibly and with consideration.
Animals. Animals are not allowed on the Property. Violators will be subject to immediate eviction and charged an additional fee that could be in excess of $1,000.00 to clean and sanitize the Property.
Dispute Resolution. The performance and interpretation of this Agreement shall be controlled by the laws of the State of Hawaii. Unless otherwise stated in this Agreement, jurisdiction shall reside in the County of Kauai, State of Hawaii. In the event of any controversy, claim or dispute among the parties arising out of or relating to this Agreement of the breach hereof, the Guest shall be responsible for reasonable expenses and costs, including, without limitation, reasonable attorneys’ fees and court costs.
Invalidity - Severability. If any term or provision of this Agreement or any application thereof shall be invalid or enforceable, the remainder of this Agreement shall not be affected thereby, provided that the essential provisions of this Agreement and the position of the parties hereto are not materially changed thereby.
Services/Incidentals. If Guest adds any services/incidentals Guest is required to pay for all requested services with either cash or credit card held on file.
Services Cancellation Policy: Once a service has been added to the guest folio and a vendor has been booked there is a 72 hour cancellation policy. If Guest cancels less than 72 hours, Guest will be charged in full. Any services or activities that are cancelled by Guest or are cancelled due to weather, sickness, etc are refundable only if refundable to Hawaii Life and notice is given within 72 hours of service or activity.
All guest requests including but not limited to, house deliveries/pick-up, grocery shopping, personal assistant services, package delivery, package shipping, etc will be billed to the folio at a minimum of $40 per hour.
Release of Known and Unknown Claims: There are inherent dangers in sporting activities (hiking, kayaking, surfing, yoga, pilates, boating, paddling, etc). Guest agrees to use common sense at all times while on vacation. Guest’s participation in such sporting or other activities is entirely voluntary, and if Guests and Guest’s children, parents/guardians, if applicable, agree that Hawaii Life shall not be liable for any damage, loss or injuries that may result from your participation in any such activities. Likewise, Guests participation with Private Service Providers (hiking, training, kayaking, surfing, yoga, massages, catered food services, paddling, etc.) is at the risk of the guest and Hawaii Life shall not be liable for any damage, loss or injuries that may result from your participation in any such activities.
Medical Release. By signing below, Guest agrees that Guest has been given approval from a physician or has chosen to participate without the approval of a physician. Guest hereby assumes all responsibility for participation in activities selected by Guest. If guest becomes ill or injured while on vacation, the Guest agrees that Hawaii Life shall have the right, but not the duty, to take reasonable action to secure emergency medical attention and/or transportation for the Guest. The Guest agrees to pay for any expense incurred for such medical attention, transportation or other related emergency services and to reimburse Hawaii Life for any payment made by Hawaii Life.
Complete Agreement. This Agreement constitutes the entire agreement between Hawaii Life, Owner and Guest, and supersedes and cancels any and all prior negotiations, representations, warranties, understandings or agreements (both written and oral) of the parties, with respect to the vacation rental of the Property. No variation or amendment of this Agreement shall be valid or enforceable without written approval by Hawaii Life and Guest.
Travel Insurance. We highly recommend purchasing Travel Insurance. Rent and tax are non-refundable 90 days prior to arrival. Please prevent any unforeseen circumstances and take advantage of this offer. This can be purchased up to 30 days prior to arrival, or at the time of booking if you are booking within 30 days. Please click here to review coverage:
Guest certifies that he/she has read carefully the limitations on this Vacation Rental Agreement and agrees to abide by such limitations. Guest understands that this is a legally binding agreement, being signed on behalf of and responsible for all occupants or invitees at the Property:
Guests for themselves and their respective heirs, personal representatives, successors and assigns, hereby release Hawaii Life Real Estate Services, LLC and their respective directors, the owner of the property, officers, agents, employees, sureties, insurers, indemnitor, attorneys, successors and assigns from all claims, demands, or cause or thing whatsoever resulting from or in connection with the property of this rental contract, including without limitation any claim, demand or cause of action for personal injury or death and any and all loss, liability, cost and expense resulting from any claim, demand, suit or cause of action which may be asserted.
The parties agree to the terms of this Vacation Rental Agreement, as evidenced accepting the terms and conditions.
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