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Please review the following terms and conditions relating to this reservation.


TERMS & CONDITIONS

TERMS AND CONDITIONS

 

Please review the terms and conditions relating to this reservation.

 

        Use of the Premises.  The Premises may be used only for residential purposes and, more specifically, for vacation use solely by the occupants named in the Rental Agreement.  The following are prohibited on, in or around the Premises: (i) any unlawful, improper or offensive purpose or any illegal activity, (ii) smoking, incense burning or other activities that may increase the chance of fire, (iii) pets, (iv) excessive noisemaking, such as fireworks, drumming, and amplified music, (v) camping, (vi) commercial activities, (vii) weddings, (viii) any activity contrary to any house rules or community association rules, and (ix) any activity that adversely affects neighbors.  You are responsible for:  (a) all damage or loss resulting from your use of the Premises during your occupancy, with the exception of pre-existing defects and ordinary wear and tear and soiling (see Paragraph 13 below), (b) all costs to repair/restore damage to the Premises and its contents due to your inappropriate use, (c) supervision of all minor occupants, (d) turning off when not in use (unless otherwise directed) any air conditioning, spas, heaters or other similar amenities, if provided, (e) restoring/relocating any furniture, furnishings or decoration that you may have moved during your stay, (f) restoring any electrical appliances to the settings that existed when you first occupied the Premises (e.g., air conditioning settings, television station settings, television parental controls, etc.).  You agree to:  1) abide by any established “quiet hours” for your neighborhood (and if none are expressly established, then such quiet hours shall be from 9:00 p.m. to 8:00 a.m. (Hawaii Standard Time)), 2) not disturb any of Owner’s personal effects located or stored in the Premises, and 3) avoid walking on floors and sitting on furniture if you are wet or if you have not first removed sand and sun products.

2.     Key and Remote Control Deposit.  A deposit of $400 will be applied to your account upon check in and returned within 10 days after departure.  A loss of keys may apply.  A replacement or re-key fee is $250.00 for keys $150.00 for garage door opener and $25.00 for resort cards.

3.     Repairs.  You may be assessed a charge to remove smoke/incense odor or excessive soiling or any staining from beds, furnishings, carpeting, upholstery, drapes, linens and other items.  You will immediately notify us of any theft, fire, water leaks, or mechanical malfunction indoors or outdoors, as well as loss of keys, access devices or other breach of security.  In the event of malfunction of a mechanical device or appliance, we shall have a reasonable period of time to arrange for a replacement/repair, and this Rental Agreement shall remain in effect.  Every reasonable effort will be made to complete repairs as promptly as possible.

4.     Access to Premises.  Except in the case of an emergency, we will give you reasonable advance notice prior to entering the Premises for inspection and/or repair.  You may NOT dismiss mandatory routine weekly scheduled services, including, but not limited to, housekeeping, pool service, gardening and plant care, as needed for the normal upkeep of the Premises.

5.     Secure Property.  Remember to always secure the Premises when leaving it vacant and at night and always take normal precautions to protect your valuables.  If provided, use of the security alarm may be mandatory and is highly recommended.  Failure to use the alarm is at your own risk.  We are not responsible for theft of your property from any location or for personal property that you may leave behind which we cannot locate.

6.     Insurance.  You understand that the Owner’s and our insurance do not cover your belongings or damage that you cause.  You agree that we and the Owner are not responsible for any loss or damage during your occupancy of the Premises.  You agree to carry insurance covering all of your personal property located on the Premises or bear full responsibility for its damage, loss or theft, including damage from fire, water, or any other cause.

7.     Energy Conservation.  Please be energy conscious by turning off lights, fans, air conditioning, televisions, radios, and other electrical appliances when leaving the Premises. Monthly rentals will be assessed a Utility Surcharge equal to the actual cost of electricity and gas bill.

8.     Maid Service.  Your occupancy of the premises includes an arrival cleaning and departure cleaning. For stays of more than 7 days, one complimentary mid-stay housekeeping service is provided at no charge (VRBO, monthly and certain special rate bookings excluded).  If you would like additional maid service, arrange by calling 808-880-3490. For VRBO, monthly and certain special rate bookings you are responsible to pay for departure cleaning (if applicable). The Bluffs at Mauna Kea homes include complimentary daily maid service (discounted or special rates excluded).

9.     Supplies.  All homes and condominium units are privately owned and equipped for vacation needs.  Bed linens and towels are provided.  Starter supplies of laundry and dish soap and paper products are available.  Please bring any additional supplies that you may need or make arrangements for shopping service through the office.

10.   Telephone Calls.  There is no charge for local (Big Island) telephone calls.  Please charge all off-island telephone calls to your credit card or home/business account.  Should you make any long distance calls without billing them to another card or number, you will be charged a $50.00 service fee in addition to the amount of such calls.

11.   Television.  Some of our units are equipped with satellites and unlimited cable services.  Should you need to select pay-per-view service, you will be charged a $100 service fee in addition to the amount of such service.

12.   Traffic.  Please drive slowly in our neighborhoods.  The speed limits are 10 mph to 25 mph and there are many children and adult pedestrians and bicyclists.

13.   Neighborhood Construction.  We are not responsible for any construction noise or inconvenience that may occur during your stay.  No refunds will be given on this account.  You may call us ninety (90) days prior to your arrival to verify any construction in the neighborhood and choose to cancel at that time.

14.   Pests.  The Premises are treated on a regular basis for pests; however, pests are a normal part of life in the tropics.  Please call us if you are experiencing any pest problems.

15.   Inventory and Condition.  Before you move in, we will inspect and inventory the Premises and the items in it (including fixtures, furnishings, appliances and other personal property).  We may prepare a photographic inventory and condition form, which may be provided to you when you check-in on your Check-In Date and which you should carefully check.  After verifying the contents of the inventory and condition form, you will be required to sign it and a copy will then be provided to you.  This form will evidence our agreement about what the condition of the Premises was, what items were in the Premises and their condition when you first occupied the Premises.  Whenever you vacate the Premises, you must take all your personal items with you.  If you leave any personal items behind, we will store the items for 30-days (at your expense).  After 30-days, we will dispose of such items.  You must leave the Premises in the same condition as when you first occupied it.  It is your duty to have the Premises in clean and proper condition on the day you check-out and not on any later day.  You must have the same items in it that were there when you first occupied the Premises and you must leave these items in the same condition as when you first occupied the Premises, except for normal wear and tear.  Inventory and décor may change without notice and we do not warrant the appearance or condition of the Premises or contents.

16.   Compliance with Rules and Laws.  You agree to comply with all rules that apply to the Premises and to your use of the Premises including, without limitation, (i) all by-laws, house rules and other rules, (ii) any federal, state or county laws, ordinances, rules and orders, and (iii) any other restrictions.

17.   Abandonment.  If you wrongfully quit, abandon or otherwise move out of the Premises before the Check-Out Date and you leave any personal property, which we determine to be of value, we may store, sell or donate the items.  Any proceeds from a sale, after expenses, will be forfeited to us.  If we determine that the abandoned property is of no value, we may then dispose of it without liability.

18.   Rental & Security Deposit; Credit Card Guarantee.  The initial rental deposit is required to confirm your reservation.  This rental deposit is non-refundable if your reservation is cancelled within sixty (60) days of the Check-In Date.  The security deposit is held for approximately ten (10) days after the Check-Out Date, and then it is mailed to you, less any expenses for repairs, missing items, or other damages.  Please note that the security deposit will not be applied to the rental amount.  Any damage or breakage to the Premises and/or contents during your occupancy will be repaired or replaced at your expense and shall be deducted from the security deposit.  You shall leave the Premises in good order and repair.  If excessive cleaning is needed when you check-out, it will be considered damage and the cost thereof shall be deducted from the security deposit.  Any interest accrued on the security deposit shall be for our account.  We will obtain a supplemental credit card guarantee in addition to the security deposit.  The card holder completing and signing the credit card guarantee set forth in the Rental Agreement hereby authorizes us to use the credit card information provided as a supplemental guarantee and as a form of payment for any excess damages, losses, and replacement or repair of contents or property other than normal soiling and wear and tear.

19.   Payment of Amount Due.  The full amount of the rental charge is due and is non-refundable thirty (30) days prior to the Check-In Date.  Acceptable forms of payment in US Dollars are by personal check, money order, traveler’s checks, or any major credit card.

20.   Taxes.  All charges are subject to the State of Hawaii’s general excise tax (currently, 4.166%) and transient accommodations tax (currently, 9.25%).

21.   Default/Remedies.  In the event you violate any of the terms and provisions of this Rental Agreement, we reserve the right to immediately terminate this Rental Agreement and evict you and all other occupants, resulting in the forfeiture of all rental charges and deposits paid.  Additionally, any related fines associated with these violations will also be deducted from these amounts.

22.   No Assignment or Subletting.  This Rental Agreement may not be assigned and the Premises may not be sublet without our prior written approval, which approval may be withheld in our sole and absolute discretion.

23.   Limitation of Liability and Indemnification.  The Owner and we will not be liable to you or any persons for any damage or loss occasioned by any service provided to you under this Rental Agreement, or by electricity, plumbing, gas, water, air conditioning, sprinkler or other pipes and sewage systems, or the loss, interruption, or stoppage thereof, or by the bursting, leaking, overflowing or running over of any tank, washstand, water closet, waste or other pipes in or on the Premises, nor for any damage occasioned by water coming into the Premises from any source whatsoever, or for any damage or injury arising from any acts or neglect of any occupants of, or any other persons on, the Premises or any adjacent property, or of the public, unless such damage or loss results from a wanton and willful act of Owner or us or the Owner’s or our gross negligence.  All property owned by you, your occupants or other persons shall be kept or stored at your risk only, and you shall hold the Owner and us harmless from any claims arising out of damage to the same.  In no event shall the Owner or we be liable to you or other occupants for any loss, damage or injury, or any claims or demands therefor, on account of any loss, damage or injury to any person or property, including any injury or loss to you, whether caused by the negligence of the Owner or us, or otherwise arising out of the use or occupancy of the Premises unless such loss, damage or injury shall result from a wanton and willful act of the Owner or us or the Owner’s or our gross negligence.  You agree to indemnify and save the Owner and us, jointly and severally, harmless against and from any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from the use and occupancy of the Premises by you, your other occupants, and your invitees.  You understand and agree that we would not accept your reservation for the Premises nor allow you to occupy the Premises unless you expressly and knowingly assume all risk, responsibility, and liability for your own decisions, actions and personal safety, even in the absence of further disclosures, instructions, house rules or warnings.  This Rental Agreement is not intended as a full list of all possible risks.

24.   Rules for Pools and Spas.  If the Premises has access to or use of a pool or spa, the following rules shall apply:  (i) There is no lifeguard on duty.  Occupants and guests may use the pool only at their own risk.  By their use of any spa or pool, occupants are agreeing to assume all risks associated therewith.  Persons who cannot swim or who cannot stand unassisted in the deepest portions of the pool must be supervised at all times by a person who can swim.  All children must be supervised at all times.  Do not allow a young child in the spa or pool without an adult.  No diving is permitted.  Jumping into the pool is not permitted; (ii) Persons having any open abrasion, wound or communicable disease are not allowed in the pool or spa; (iii) Pregnant women and young children should not use the spa without the consent of their physician.  Those with weak hearts or sufferers of high blood pressure should not use the spa.  No jumping into the spa is permitted; (iv) Surfboards, boogie boards, diving equipment or similar items are not permitted in the pool or adjacent areas; (v) No skateboards or bicycles are permitted in the pool area; (vi) No glass containers of any kind are permitted in the pool area; (vii) The introduction or transportation of any sand, rock or other foreign matter into the pool or spa, which could result in pump malfunction or other damage, is prohibited.  The cost of any resulting removal and repairs will be the responsibility of the occupants; (viii) Intoxicated persons are not permitted to use the pool and spa; and (ix) Children need to be supervised at all times.  During social gatherings, appoint a “designated watcher” to protect young children from pool accidents.

25.   Legal Standing.  Governing laws for this Rental Agreement are those of the State of Hawaii.  Any dispute shall be resolved in the courts of the State of Hawaii in the County of Hawaii, unless otherwise agreed to by us.  The Responsible Tenant is the sole occupant who has any legal standing in any dispute that may arise pursuant to or in consequence of the accommodations and services provided under this Rental Agreement.  The Responsible Tenant warrants and represents to us that he/she will inform all other occupants and invitees of all terms, conditions, house rules, and disclosures referenced in this Rental Agreement, or otherwise provided to them either orally or in writing.

26.   Miscellaneous.  (i) This Rental Agreement contains all of the covenants, stipulations, and provisions agreed to by the parties hereto, and neither party shall be bound by nor liable for any statement, representation, promise, or agreement not set forth herein; (ii) no change, amendment, or modification to the terms hereof shall be valid unless reduced to writing and signed by the parties hereto; (iii) this Rental Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument; (iv) the submission of a signature page transmitted by facsimile or e-mail shall be considered as an “original” signature page for purposes of this Rental Agreement; (v) section headings used herein are for convenience only and are not a part of this Rental Agreement and shall not be used in construing it; (vi) the provisions of this Rental Agreement are severable, and if any one or more provisions may be determined to be judicially unenforceable, in whole or in part, the remaining provisions, and any partially enforceable provisions, to the extent enforceable, shall nevertheless be binding and enforceable upon the parties hereto; (vii) the waiver by either party of any breach of any term, covenant or condition of this Rental Agreement shall not be deemed to be a waiver of any subsequent breach of the same or of any other term, covenant or condition hereof; (viii) this Rental Agreement shall be binding upon and inure to the benefit of and be enforceable by the respective parties hereto and their respective successors, heirs, legal representatives, and assigns; (ix) wherever the content of this Rental Agreement so requires, the singular shall include the plural, the plural the singular; (x) the Responsible Tenant who signs this Rental Agreement is solely responsible for the full payment of rental charges and other costs and expenses as requested or incurred even if other persons agreed with the Responsible Tenant to pay all or any portion of said charges to the Responsible Tenant and subsequently fail to do so; (xi) use of the words “you”, “your”, or “Responsible Tenant” means the person(s) completing and signing this Rental Agreement; (xii) use of the words “we”, “us”, or “our” means Hapuna Residential Services and all of its officers, directors, employees and agents; (xiii) use of the word “Owner” means the individual owner of the Premises; (xiv) use of the word “Premises” means the rental property you are occupying under the terms of this Rental Agreement as described on the first page hereof.

 
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