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Rental Policies

 

Rental Policies

TERMS AND CONDITIONS:

 

AGENT: West Hawaii Property Services, Inc. dba Kona Vacation Rentals/Kona Rentals

 

GUEST(s) Agrees As Follows:

 

RATES: Rates are quoted on per night basis, per week or per month as noted on your booking quote or reservation confirmation. Rates are quoted for a specific property type and location. Names of all occupants must be submitted prior to arrival. Additional guests, not listed in this Agreement, will be subject to a per person and per day charge. Charges vary and are subject to change without notice until the reservation has been secured by receipt of the deposit. All properties represented by Kona Vacation Rentals are fully equipped with the amenities listed in the property information and all necessities of daily living (i.e.: dishes, linens, hairdryers, etc.).

 

CHECK IN AND CHECK OUT TIMES: Check in time is 4:00 P.M. or later on the day of arrival. Check out time is 11:00 A.M. sharp the day of departure. 

 

Late Checkout: Late checkouts are on an individual basis and MUST be pre-approved in writing prior to 11:00 AM, the day prior of departure. If a late checkout is available a fee of $75.00 will be charged and checkout will be 4:00 PM. In the event a later check out is required, please arrange for an additional night. 

 

Early Check-in: May be available with prior written approval from Kona Vacation Rentals twenty-four (24) hours prior to arrival. 

 

ADDITIONAL CHARGES NOT INCLUDED IN RATE:  Rates do NOT include daily car rental, long distance phone charges, out of country long distance phone charges, maid service, gratuities, laundry, personal items, household supplies, food, liquor, car services, baggage handling, excessive cleaning upon departure (e.g. furniture or rug cleaning, excessive laundry etc.).

 

RESERVATION DEPOSIT AND PAYMENTS:  Payment of the required Rental Deposit amount twenty-five (25%) not including security deposit, together with the completed GUEST Reservation Agreement must be received and approved by Kona Vacation Rentals before a Rental Confirmation will be issued. Final payment consisting of the remaining balance must be received by Kona Vacation Rentals at least sixty (60) days prior to guest arrival. If a booking is confirmed prior to sixty (60) days all payments will be due immediately in full. Failure to adhere to the payment schedule on a timely manner will make the reservation subject to automatic cancellation. 

 

Reservation Deposit:  Your reservation is NOT confirmed until the deposit is  received. Rates and terms are subject to change prior to your reservation being confirmed.  Reservations are considered confirmed and firm twenty-four hours after the deposit has been received.

 

Payments:  The balance of the reservation amount including taxes, housekeeping is due sixty (60) days prior to arrival and billed automatically at that time. Additionally, a separately billed security deposit of four hundred dollars ($4OO) and will be charged to the card on file. All rates and terms are subject to change. Reservations become firm 24 hours after card is charged, and any changes beyond that period require a $50.00 change fee.

 

 

CANCELLATION AND REFUNDS  

 

Cancellations: Cancellation of a booking at any time after prior to sixty days before arrival will result in a $100.00 cancellation fee.  Cancellation within the sixty (60) day period prior to check-in will result in forfeiture of the entire rental amount. Refunds of monies paid for rental and services will be considered under the following circumstances: 1) if, on the day that the rental is scheduled to begin, the property is unfit to occupy and no equivalent substitute can be obtained, or 2) access to the property has been prohibited by authorities; or 3) The property is “double”-booked for the same time-period and a substitute property of equal value cannot be secured.

 

Cancellations made prior to sixty (60) days before the arrival date may be subject to a deduction of fifteen (15%) of the deposit(s) paid. If a refund is due, they are paid by check and mailed via United States Postal Service within ten (10) business days after the approved cancellation.

 

We recommend that Guests secure (purchase) Cancellation and Interruption Protection Insurance to assure refund of deposits paid and reimbursement of other vacation payments. This will protect against cancellations caused by unforeseen events, such as illness, death, natural disasters, etc. This type of insurance is available through AAA or online.

 

CHANGES TO BOOKINGS:  Kona Vacation Rentals will charge a fifty dollars ($50.00) change fee for changes made to a booking twenty-four (24) hours after the Reservation Confirmation has been issued. Kona Vacation Rentals reserves the right of approval for any change request. 

 

Please ensure that all the amenities that you require such as air conditioning, bed configuration, bath configuration, ADA compliance, elevators, pools (most pools are not heated in Hawaii), spas and splash pools may not be heated, etc. Many of our homes do not have A/C and if the home has A/C please ensure that it meets your requirements (some homes and condos have central A/C, some have ductless A/C, some have window A/C, some have limited A/C - for example lower floors only, bedrooms only, etc.).  We list all amenities on our website for each property.  If the amenity is not listed it is not there. 

 

Your reservation is an agreement to rent a privately owned property; therefore, when you reserve this property it is a commitment to the owner and prevents the owner from renting it to another guest. This commitment is with a specific owner/unit for the entire time and specific dates. We are not able to move you to another property or provide a refund after sixty (60) days prior to arrival. Please review your confirmation documents to verify that dates, unit and charges correspond with your rental quote. You have twenty-four (24) hours to make changes before all choices become firm. After the twenty-four (24) hour period a charge of fifty ($50.00) will apply. 

 

Payments by Check:  If payment for Reservation is made by paper check or Echeck and is not honored by our bank for any reason, the GUEST agrees to pay $50.00 for each dishonored check up to the maximum allowed by state law. Subsequent payments will at Kona Vacation Rentals’ option, will be in the form of guaranteed payment. 

 

Payments by Credit Card:  We currently accept Debit Cards with the Visa and MasterCard logos. Additionally, we accept Visa, MasterCard, Discover, American Express and JCB Credit Cards.

 

Additional Deposit:  Some properties require an additional security deposit. If required, you will be notified at the time of your booking. At the sole discretion of the Kona Vacation Rentals’ broker or inspector, this security deposit is refundable if all terms of the agreement are met, and will be forfeited if the guidelines or policies are breeched or broken.

 

Security Deposit:  You may choose to purchase Vacation Rental Damage Insurance. We can offer referrals but damage insurance is a separate purchase and not offered by or part of your reservation. Kona Vacation Rentals DOES require a security deposit on all reservations. To avoid being charged for missing or damaged items, please notify our office within twenty-four (24) hours after arrival at the property. The security deposit is refundable except under the circumstances listed in this Rental Policies Agreement.  Any damages that exceed the amount of the security deposit will be charged to the credit card on file.  These funds may be applied to actual damages caused by GUEST. This is at the sole discretion of the Kona Vacation Rentals’ broker or inspector; the property will be reviewed on the day of the Guest' departure, or the next business day. This may include excess phone or cable charges, excessive cleaning charges, excess services required, moving furniture, fines imposed and/or costs for enforcing this agreement. Within 30 days following the end of the tenancy the Security Deposit will be applied, accounted for or refunded to the Guest. Guest shall report any damage noted within twenty-four (24) hours of arrival to avoid any Security Deposit losses. If a refund is due a check will be mailed via USPS thirty (30) days after departure.

 

Needed Repairs:  Please notify Kona Vacation Rentals as soon as possible, if there is any cleaning or repairs issues that require attention. In the event of an accident, notify Kona Vacation Rentals as soon as possible and we will address the issue.

 

Directions:  Upon receipt of full payment, your on-line acknowledgement and/or the return of the signed rental policies you will receive a Directions Letter. This will provide you with driving directions from the Keahole (Kona-KOA) International Airport to your property, along with the code to the electronic lock or lock box containing the key, located at the front door of the home or you may be instructed to check in with an on- site office upon arrival. Please follow the directions as GPS coordinates do not usually identify the correct address and does not have access codes. If you do not receive the directions within one week of arrival please contact our office 808-334- 1199 or 800-799-KONA (5662).

 

Lock-Out Policy:  Guest lock-outs during business hours will be subject to a thirty five ($35.00) + tax charge per incident.  After hour lock out charges will be determined on a case by case basis with a one hundred ($100.00) minimum. We recommend that you keep one key in the lock box to prevent lockouts.

 

 

CONDITION OF RENTAL:  The property shall be in the same condition upon departure as at check-in. Normal wear and tear excepted. Owner or its Agents may enter the property at reasonable times to make repairs or provide maid service. GUEST may cook in areas specifically designated for cooking. GUEST must immediately notify Owner or Agent of fire or other damage to property. GUEST shall be liable for all acts of the family, invitees, employees, or other persons invited onto the property. GUEST may not sublet or assign this rental agreement. Guest shall be responsible to return all keys and gate or garage door openers upon departure. Guest shall abide by the House Rules of the Owner, Property Manager, Condominium Association and/or the Booking Agent as provided to Guest. Guest shall not bring any pets onto the property. Smoking is STRICTLY Prohibited anywhere on or in the property. Guest will rinse feet of sand prior to entering the unit. No parties, luaus, reunions, or gatherings shall be allowed. Additional charges may apply. No catering or outside music permitted. Guest shall not permit any use of pool or Jacuzzi by unsupervised children or other guests, and shall keep gates closed. Guest and other invitees shall use the pool and Jacuzzi at their own risk. GUEST understands that there are certain inherent risks to person and property, when renting a property located adjacent or near to the ocean, on or near lava or on or near to a golf course, including the possibility of drowning or being struck by a golf ball. The ocean is unpredictable, rogue waves, slipping on lava, rip tides, and other inherent risks are always present. GUEST acknowledges that the Owner/Agent would not rent the property unless the GUEST accepted the conditions set forth in this Agreement.

 

ALL PERSONS STAYING AT THE VACATION UNIT MUST BE LISTED AS GUESTS 

 

Occupancy:  Only those individuals specifically registered on the GUEST list shall occupy the premises at any time. Children are counted in total occupancy unless they are under the age of two and normally sleep in a crib. Over-occupancy or any unregistered GUEST is considered unauthorized and this could forfeit your reservation. Weddings, gatherings, luaus and receptions are not allowed unless authorized by Kona Vacation Rentals in writing.

  

Children:  All children shall be supervised at all times. The units are NOT CHILD PROOF. GUEST alone is responsible for child safety. Severe injury or death could result from failure to properly supervise the children. Additionally, children are not to play in the landscaping, the fishponds or with any of the furnishings. The home is NOT CHILD PROOF and requires children to be constantly supervised. GUEST alone is responsible for child safety.

 

Use:  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, luaus, reunions, get-together or for any type of gathering or party.  Overnight accommodations are restricted to the GUESTS agreed upon in advance and stated/listed in this agreement. The Premises shall not be used in such a manner as to generate noise (including loud music), which will disturb neighbors, nor will neighbors be harassed or bothered in any matter. Absolute quiet time for all properties is from 10:00 P.M. until 8:00 A.M. daily. The guest agrees in advance that if a police visit is required or if there is multiple excessive noise complaints this will result in a forfeit of the entire rental amount, plus an additional $300 per registered GUEST and the GUESTS will leave the property immediately at the request of the property manager. Qualifying complaints are calls from the neighbors, security guards, or a police visit which results from any guest activities. We repeat there shall not be any "house parties" on the premises, there shall never be more than the number of persons listed as GUESTS or the number listed as maximum occupancy on the Premises at any time. Nor shall GUEST’ guests ever be alone on the Premises. 

 

GUEST agrees to maintain the premises in the same conditions as when received and will not allow any waste, misuse or neglect. Should any waste, misuse or neglect occur on the leased premises, it will be the sole responsibility of the GUEST.

  

Gated Community Access:  Some properties are located inside guarded gated communities. Kona Vacation Rentals does not have control over these guards or gates and we make every effort to make your arrival and entry stress-free.  We will need to supply names of all registered guests prior to your arrival and this cannot exceed the occupancy. Any visitors or guests you wish to have visit during the day will also need to be listed prior to arrival to gain temporary access. If you have reserved one of the properties in Keauhou Estates we will be requesting this information in advance. Please respect the guards at all entry points.

 

Furnishings, Wear and Tear:   GUEST agrees not to move or alter any of the furnishings and shall use them only for the purpose intended. GUEST shall respect and protect all furnishing and décor and understands that some of the furnishings are unique and valuable. GUEST shall be solely responsible for replacement value for any damage or destruction to furnishings on the leased Premises.

 

NO SMOKING:   Smoking is strictly prohibited within the house, lanais or on the property. Please remember Kona Vacation Rentals inspects each property on your departure.  If any smoking or indication of smoking such as butts, burns, smell, etc. in the property are detected the guest agrees in advance to pay a minimum one thousand dollars ($1,000) surcharge, to be applied to the cost of cleaning and/or shampooing of all floors, carpets, furnishings, linens, and any other item deemed necessary to rid the home of the smoke and smoke smells. Please note; if the charges for restoration exceed one thousand dollars ($1,000) your credit card will be billed. If anyone including inspectors, neighbors or resident managers’ report smoking is occurring on the property, it is considered a breech in the terms of this Agreement and you and the entire party will be evicted immediately. Many complexes have designated smoking areas that are marked, or smoking is allowed on the streets in front of the homes.

 

CLEANLINESS AND CLEANING DEPOSIT  

Please let us know as soon as possible if there are any cleaning issues or if any repairs are necessary.  We understand accidents happen-should something happens let us know and we will address as soon as possible to minimize damage and possible charges to GUEST.  The GUEST will pay cleaning fees in advance as a non-refundable cleaning deposit, prior to commencement of occupancy of premises. The GUEST may contract directly with the cleaning company for additional services such as daily maid services, additional cleanings, etc. Contact Kona Vacation Rentals for cleaning company contact information. Review our departure guidelines provided in the property and via email. It is at the sole discretion of the cleaning company and/or Agent, to determine if the property is left in disrepair, any required additional cleaning, additional laundry, furniture moving, stain removal will be billed at the current hourly rate to your credit card or account.

 

Cleanliness:  The premises shall be kept in as clean, healthy and safe as conditions of the Premises permit.  No junk, recycling or garbage will be allowed to accumulate on or near the premises. It is the guest's responsibility to take trash to the bins supplied, or in the case of private homes to ensure the trash is set out on the specified pick up days.

 

Care should be taken not to damage the furniture with wet or soiled clothing or swimsuits or with suntan lotion or sun block. Sun block will stain leather and cloth items. Beach towels provided shall be placed on all cushions to prevent soiling from suntan lotions/blocks/oils.

 

Cleaning Deposit:  GUEST will pay cleaning fees as part of the total booking fees. The GUEST assigns Kona Vacation Rentals as their Agent to manage, inspect and supervise these cleaning companies as required. If there are items you find that need more attention, contact our office within twenty-four (24) after arrival so we may take care of the issue. 

 

 

Keys, Remote Controls (garage or device):  Keys to the premises are the exclusive property of KONA VACATION RENTALS. There will be a minimum charge of fifty dollars ($50.00) for replacement of each lost key, one hundred and fifty dollars ($150.00) for lost gate or garage remotes, and a one hundred and fifty dollars ($150.00) charge for device controls in the unit (i.e. television, cable, DVD players, ceiling fan, etc.).

 

Mail Delivery:  Please do not send packages, mail or important documents to your vacation rental address. The delivery services are not reliable (this includes USPS, UPS, Fed Ex, etc. - guaranteed overnight delivery is usually 5 days)  We do not have keys for private owner’s mail boxes, so if delivered to a postal box or shared box system we will not have the ability to open the box. If you are sending packages you may have them delivered to our office. Please address the package with the registered guests’ name, reservation number and arrival date C/O Kona Vacation Rentals schedule delivery Monday through Friday, 800 AM to 400 PM. If you are forwarding mail please arrange for it to be held at the local Kailua Kona post office.

 

Pets:  No pets, dogs, cats, birds, or other animals are allowed on or about the premises, except guide, service or signal animals as defined by the ADA and pursuant to state law. As with any guest, if additional cleaning is required over and above the normal cleaning requirements, the guest will pay the additional cost. Kona Vacation Rentals must be notified in advance if a service animal will be in the unit. Appropriate written documentation from a doctor must be submitted prior to arrival. Please note 

 

Utilities:  All the utilities and services for the premises are included in the rental amount except for any services such as an electrical surcharge that are specifically mentioned as additional in the long description or amenities lists (e.g. A/C available at an additional cost).

 

Garage, Parking and Owner's Closets:  The garage, some storage areas and/or closets may not be accessible to the GUEST. Most properties have one parking space available; some private homes have additional parking but at no time shall there be more than two vehicles parked at any one residence.

 

Insurance:  GUEST’ personal property and vehicles are not insured by Kona Vacation Rentals. Kona Vacation Rentals is not responsible for any loss or theft both inside and outside the unit. GUEST agrees that Agent and Owner shall not be liable for travel disruptions, GUEST' personal property or illness or injury. GUEST is strongly encouraged to purchase a Vacation Insurance Policy.

 

Purchasing a Vacation Insurance Policy is strongly recommended to protect from unforeseen events, such as illness, family emergencies, natural disasters etc. Additionally, Interruption Protection Insurance is recommended to facilitate a refund of deposit(s) or reimbursement of other vacation expenses.

 

Damages:  The GUEST will at the GUEST' expense and at all times 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 damage not covered by the security deposit held. Any items missing from the unit will be charged to the GUEST' credit card at the replacement cost of such item.

 

Pests:  This property is located in the tropics providing great weather, outdoor living and lots of open spaces, sliding doors, and small open entry points. A lot of visitors enjoy the varied wildlife in Hawaii. Every effort is made to control our natural guests or what some people refer to as pests such as geckos, insects including roaches and ants, mice, rats, mongoose, goats, chickens, turkeys, francolins and other creatures that might show up unannounced, make noise and be in or around the homes. Kona Vacation Rentals and the property owners engage pest control companies to control potential issues. Part of the control is the guest’s responsibility by ensuring garbage and recycling is removed promptly, doors are not left open and unattended especially at night, and by checking for pests on their person when entering the home. The GUEST accepts these pests are part of the experience and there are no refunds or cancellations provided based on pest issues.

 

Site Conditions and Noise:  Kona Vacation Rentals and the owner's shall not be liable for events beyond their control which may interfere with GUEST' occupancy, such as Acts of God, acts of governmental agencies, fire, strikes, war, inclement weather, pests, insects, neighborhood playgrounds and pools and construction noise from nearby sites. Kona Vacation Rentals manages the individual property but does not control the homeowners association, complex management, complex maintenance or the neighbors, and/or neighborhood. There are issues related to complex maintenance, pool maintenance, unscheduled water shut offs, electric outages, etc. as well as areas near sports grounds, schools, l or community events that are not under Kona Vacation Rentals control. Neighbors do not provide notice to our owners and or Kona Vacation Rentals about their future actions and may or may decide to construct, renovate or utilize their property. If these people are legally entitled to do so, Kona Vacation Rentals cannot confront them. There is an option for anyone witnessing an event against the law to report these acts to authorities. There will be no compensation for those circumstances or issues beyond our control.

 

 

Unforeseen Circumstances, Unavailability of Premises, Duplicate Booking, other:   GUEST understands that in the event the vacation accommodation is sold by the owner or there are UNFORESEEN CIRCUMSTANCES that (i.e.: natural disasters, scheduled or unscheduled construction, flood, damage to the unit caused by construction failures, plumbing, electrical, pests, mold, double booking, etc.), Kona Vacation Rentals, acting as a booking intermediary between you and the property owner will use its best efforts to provide a substitute vacation accommodation of equal value of the original agreement.

 

If Kona Vacation Rentals is unable to find such accommodations, then at the option of the Agent or GUEST' option this Agreement shall be cancelled and terminated. Kona Vacation Rentals shall refund to GUEST all payments made by GUEST under this Agreement, and Kona Vacation Rentals and GUEST shall thereafter have no further liabilities or obligations to the other arising out of the unavailability of the rental property and/or GUEST' travel arrangements. It is hereby agreed that these are the only two alternatives (substitute or refund) and the sole remedy for any and all damages, liability or inconvenience arising out of owner's failure to make Premises available.

 

Failure of a system, amenity or appliance:  In the event the premises sustains a failure of a system, amenity or appliance – including but not limited to water, sewer, electrical, internet, TV, Cable service, refrigeration, mechanical, or structure systems: pool, waterfall, whirlpool, hot tub (spa) electronic or entertainment equipment or service - neither the Agent, owner, their employees, Agents or contractors, or property manager shall be liable to GUEST for damages and no refunds will be given for such failures. However, the Agent, upon being notified of any malfunction will make a reasonable effort to promptly repair or replace the failed system or advertised equipment. The salt air from the ocean inflicts tremendous strain on systems, equipment and appliances. GUEST understands and accepts the facts that this property is leased for its tropical appeal and not its modern conveniences, and therefore some systems, amenities and appliances may not be fully functional at all times and it may be unreasonably difficult or impossible to get a malfunctioning system, amenity or appliance operating within the rental/lease period.

 

Right of Entry and Inspection:  Kona Vacation Rentals 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, exhibit the premises to prospective or actual purchasers, mortgagees, Guests, workmen, insurance Agents, or contractors. GUEST acknowledges that routine care taking and grounds maintenance will occur periodically during the Rental period.

 

Pool, landscaping and pest control:  Regular pool cleaning, maintenance, pest control and landscaping may occur during your stay and must not be prevented by occupants. These service people keep the property operating for your enjoyments so please do not interrupt the service. If the service people are hindered in any way, the cost of the additional service will be billed to the guest.

   

Conduct:  The GUEST will not violate any City, State, Association or Federal Law in or about the premises, and the GUEST agrees to comply. No hazardous materials will be stored on premises. 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. Smoking of any kind is not permitted on the premises. 

 

Termination of Tenancy:  Upon termination, the GUEST will: (1) completely vacate the premises, including lanais, yards and any parking or storage areas used by the GUEST(2) leave keys in unit or return them to the lock box, (3) leave remote controls and garage door openers in the unit, (4) leave all furnishings in the same condition as received. Kona Vacation Rentals reserves the right to immediately terminate the tenancy if the GUEST violates any part of this agreement.

 

Surrender of Premises:  GUEST covenants and promises to surrender the premises in as good and the same condition as the commencement of the rental period, reasonable wear and tear excepted; and to reimburse Agent the amount, including reasonable attorney's fees, for all other damages. Soiling and/or discoloration of the seat cushions, furniture or flooring are NOT considered reasonable wear and tear and will be billed as additional cleaning or damage. 

 

GUEST’ Personal Property:GUEST' personal property and effects are the GUEST' sole responsibility throughout the tenancy. The AGENT'S insurance will not cover GUEST' personal property and GUEST agrees to carry his/her own insurance on such property and personal effects. All personal property of the GUEST on said premises shall remain his sole responsibility and risk, and the owner and agent shall not be liable for any damages to, or loss of such personal property arising from any acts of negligence of any other person, theft, loss, from the leaking of the roof, or from bursting, leaking, or overflowing of water, sewer, or from plumbing fixtures, or from the handling of electrical wires or fixtures, or from any cause whatsoever, nor shall the Agent be liable for any injury to the GUEST or other person in or about the premises, the GUEST expressly agreeing to save the owner and Agent harmless in all such causes and events.

 

 

Abandoned Personal Property:  When the GUEST vacates or abandons the property any personal property left behind on the premises shall be deemed abandoned by the GUEST and Agent shall not be held responsible. Personal items found in the vacated property will be help by Agent for thirty (30) days; if it remains unclaimed by GUEST it will be donated to a local charity.

 

Additionally, GUEST shall be responsible for Agents property under the GUEST control by virtue of this rental agreement/ lease. If you leave something behind we will make every effort to locate it and return it to you C.O.D. Items unclaimed after thirty days will be donated to charity. 

 

Assignment:  GUEST may not assign this agreement to a third party.

 

ADMINISTRATIVE PRCEDURES

 

Limitation of Liability:  Under no circumstances shall Kona Vacation Rentals be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise whatsoever, howsoever caused or incurred whether arising in contract or otherwise in law or equity as a result of rendering of the services or accommodations as described or substituted and including, without restricting the generality of the foregoing as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of services or land accommodations by Kona Vacation Rentals or by reason of military actions, revolution or acts of God, government agencies, or unforeseen circumstances or events, by any agents, owners, employees, subcontractors, servants or services as substituted; Kona Vacation Rentals, at all times will act in good faith and use its best efforts to substitute with accommodations or services of a type as comparable as possible to those contracted. Kona Vacation Rentals will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. Some activities in which GUESTS engage are especially dangerous and include scuba diving, snorkeling, deep-sea fishing, boating, golfing, swimming, boogie boarding, surfing, hiking, biking and mountain climbing. This list is not all-inclusive, but indicates some of the hazards of vacationing in Hawaii. Guests may also encounter the following risks: slippery floors and stairs, especially when wet, lanais with spaces between rails (dangerous for little children), precipitous drop-offs on ocean floor, unfenced pools, faulty electrical or plumbing systems, gas BBQ grills, clean/clear sliding glass doors, and dangerous stairs or pathways, Therefore, each guest agrees that he/she is voluntarily participating in any and all activities, risks, and use of the accommodations, and hereby assumes all risk of injury, illness, damage or loss to person and property that might result, including, without limitation, any loss or theft of personal property. By booking this property, you acknowledge that in all events and circumstances, Kona Vacation Rentals, its officers and employees shall not be liable. Kona Vacation Rentals reserves the right to cancel or rescind any rental agreement if it is found that the Guests are conducting unlawful activities, not abiding by the Home Owners Association House Rules, disturbing others by playing loud music, percussion, audio or instruments, or cause any loud or offensive noises, have made any misrepresentations about the nature or size of the group or use of the group or the use of the property or any other misrepresentations or any other way in breach of the rental agreement.

 

NOTICE OF ABSENCE:  You must notify Agent in advance if you will be absent from the property for two (2) days or more. If you do not give us this notice, you will be responsible for any damage that may result from your absence.


HOLDOVER, ABANDONED POSSESSIONS AND SERVICE OF NOTICES:  If you stay in the unit, without written permission, after the Rental Agreement has ended, you will be considered a holdover tenant and may be liable for twice rent under the Rental Agreement on a prorated daily basis for each day you are a holdover tenant. If you leave any personal property, it will be considered abandoned property. Please contact us as soon as possible and we will try to locate the items. After thirty (30) days, we will donate any items to a charitable organization. If we have to give any notice to you, we can serve it to any occupant. By serving one of Guest, we have given notice to all Guest. If we cannot deliver a notice to you, we may post the notice in a conspicuous place in or on the unit.

 

CATASTROPHIC EVENTS & EMERGENCY EVACUATIONS:  If a catastrophe (hurricane, tornado, earthquake, flood, etc.) or any situation simply beyond our control impairs the vacation rental, Kona Vacation Rentals is not responsible for finding alternate lodging for the renter or for the renter’s financial losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR EMERGENCY EVACUATIONS. Whether you own property, run a business, or rent a condo in Hawaii, the threat of a hurricane, flood, or tsunami is always present during certain months of the year, and we all assume this risk. Therefore, we suggest you consider Travel Protection Insurance to secure your vacation investment and eliminate your financial risk. There will be no refunds of any kind for evacuations. Such insurance is available through travel agents, auto clubs such as AAA, or online.

 

Expedited Eviction:  If GUEST (I) holds over in possession after the GUEST' tenancy has expired; (ii) commits a material breach of any provision of this agreement (including any addendum hereto) that according to its terms would result in the termination of GUEST' tenancy; (iii) fails to pay rents as required by this agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation, the GUEST agrees to an expedited eviction as the law allows.

 

Laws:  GUEST covenants and promises that no laws, statutes or ordinances of a jurisdictional government agency will be violated on the premises nor the Premises used for any such purpose.

 

Enforcement of Agreement:  Should Agent incur any expenses in enforcing the terms of this Lease, GUEST shall promptly reimburse Agent 100% for such expenses.

 

Disputes:  This lease shall be governed by and interpreted in accordance with the laws of the State of Hawaii and County of Hawaii. Any action relating to this agreement shall only be instituted and prosecuted in courts in Hawaii. GUEST specifically consents to such jurisdiction and to extraterritorial service of process.

 

Default by GUEST:  GUEST agrees that every condition, covenant and provision of this agreement is material. A breach of any of these will constitute a material breach giving the Agent the right to terminate this agreement, the right to immediate possession of the premises, and the right to all damages including but not limited to costs of enforcement and reasonable attorney's fees.

 

Sole Agreement:  This document including any attachments incorporated by reference herein constitute the entire and sole agreement between the Agent and GUEST respecting the leased Premises, the leasing of the Premises to GUEST, and the lease term created under this lease, and correctly set forth the obligations of Agent and GUEST to each other as of its date. Any agreements or representations respecting the leased premises or their leasing by the Agent to GUEST not expressly set forth in this agreement are null and void.

 

Changes:  The parties hereto further agree that any changes to this agreement are to be in writing to be enforceable. E-signatures received via email, fax or docu-sign are considered valid. The parties shall retain the originals for verification.

 

Definitions:  Wherever "Agent" is used it is intended to mean, Owner. The use of the word GUEST shall include both singular and plural.

 

Restrictions:  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. Please read and understand any complex or HOA guidelines, which usually include that towels and other gear are not to be draped over the railings or visible from any other properties.

 

Indemnification and Hold Harmless:  GUEST agrees to indemnify and hold harmless Owner and Agent and their representatives from and against any liability for personal injury or property damage sustained by any person (including GUEST' guests as a result of any cause, unless caused by the gross negligence or intentional willful act of the Owner/ Agent. GUEST has the option to purchase travel insurance from other sources if they so desire. Kona Vacation Rentals 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 Kona Vacation Rentals harmless from any claims for damages, regardless of the cause. The subject property may include thereon a swimming pool, hot tub spa or have ocean front access and common areas. A swimming pool and spa is 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; any minors in or around pool or on the lava beds 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 Spa Rules, use a standard of caution around the ocean and does further agree to indemnify, defend and hold harmless the owner and Kona Vacation Rentals from and against all claims, liability or loss that GUEST may sustain from the use or operation of the swimming pool, spa and the ocean by GUEST and/or GUEST' invitees. GUEST understands that the natural world can be dangerous, rocks are slippery and the ocean is dangerously unpredictable. Enter at your own risk.

 

Governing Law:  This Agreement will be governed by the laws of the State of Hawaii, applicable to Agreements made and fully performed in Hawaii, by Hawaii residents. Any action relating to this agreement shall only be instituted and prosecuted in courts in Hawaii. GUEST specifically consents to such jurisdiction and to extraterritorial service of process.

 

Entire Agreement:  The parties acknowledge that this Agreement expresses their entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth in this Agreement.

 

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. Compliance with Law: Both parties agree to comply with all applicable federal, state, and local laws and regulations in performing their duties.

 

Severability:  In the event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remainder will remain valid and enforceable according to its terms.

 

Notices:  All notices, demands or consents required or permitted under this Agreement will be in writing and will be delivered in person or by facsimile, mail or email prior to GUEST stay. The service of any notice on one GUEST will be deemed a service of all occupants within the premises.

 

 

By continuing to reserve the property GUEST agrees they have read, understand and agree to ALL the Rental Policies stated.

 

WEST HAWAII PROPERTY SERVICES, INC.

 

 

West Hawaii Property Services, Inc 75-5995 Kuakini Highway Suite 311 Kailua-Kona, HI 96740 +1 (800) 799-5662 makereservations@konarentals.com

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