Big Island Villas VACATION RENTAL AGREEMENT
PMB 302, 67-1185 Mamalahoa Hwy, Suite D104, Kamuela, Hawaii 96743
T: (808) 936-3870 F: (808) 885-3511 E: anne@bigislandvillas.com | kai@bigislandvillas.com
Rental Terms - Please review this Vacation Rental Agreement ("Agreement") in its entirety. This Agreement (with the appropriate Exhibit A, if applicable), together with the information provided on and completed in the online form via our website, www.bigislandvillas.com, will govern your rental arrangement and legally binds you ("Guest") to the terms set forth below. The online itemization of Rental Dates, Rates, Cleaning Fee, Taxes, Deposits and Due Dates are incorporated into this Agreement as if printed out in full and added to the text of this Agreement.
Terms & Conditions
Big Island Villas is the “Owner’s Agent” for the Rental Property, NOT the Property Manager or Owner of the Rental Property and is hereby acting as an intermediary between Guest and the Owner. By signing this Agreement, Guest(s) as designated on pages 9 and 10 of this Agreement (collectively, “Guest”) and Owner of the Rental Property (“Owner”) through ANNE REDISKE REALTOR/BIG ISLAND VILLAS (“Owner’s Agent”) hereby agree to the rental of the Rental Property described in the online reservation form completed prior to executing this Agreement (“Rental Property”) upon the terms and conditions set forth online and in this Agreement, and according to and in compliance with the specific terms for the Rental Property set forth in the appropriate Exhibit A attached hereto, for use as a private vacation residence.
GUEST AGREES TO THE TERMS & CONDITIONS IN THIS AGREEMENT. GUEST AUTHORIZES PAYMENT TO SECURE THE RESERVATION AND ESTABLISH THE AGREEMENT AS TO ALL OF THE TERMS, CONDITIONS AND NOTICE REQUIREMENTS THEREIN, INCLUDING THE STATED CANCELLATION POLICY. This Agreement MUST NOT be modified. Guest’s acceptance of the terms, conditions, and notice requirements set forth below is necessary. By signing this Agreement, Guest further agrees to contract electronically, and Guest’s electronic signature on this Agreement authorizes Big Island Villas, the “Owner’s Agent” for the Rental Property listed on page 1, to secure the reservation according to the Payment Terms stated on page 1. Once Guest’s payment is received, Big Island Villas will notify Guest that his or her booking has been confirmed, via e-mail (“Confirmation of Booking”).
GUEST’S FAILURE TO MAKE ANY PAYMENT BY THE DUE DATE WILL RESULT IN THE AUTOMATIC CANCELLATION OF THE RESERVATION AND LOSS OF ANY DEPOSIT PAID, PURSUANT TO THIS AGREEMENT’S CANCELLATION AND NO REFUND POLICY.
Any changes made to a booking after a confirmation has been issued will be assessed a $250.00 Service Fee. Acceptance of any change is subject to approval by Big Island Villas, acting as an intermediary between Guest and the Owner.
1. Acceptance & Payment Terms
This Agreement must be executed, and payment must be received in order to confirm the reservation. It is recommended that Guest authorize this agreement electronically and submit payment within 4 days to prevent the reservation from being VOIDED. Once the fully executed Agreement and Guest’s Security Deposit and/or credit card or debit card information are received by Owner’s Agent, a confirmation will be issued to Guest.
If the required payment is less than the full amount due on the entire reservation, the balance of Guest’s full payment is due on the date stated on the Payment Schedule. If Guest selects payments via credit card, Guest authorizes Owner’s Agent to charge his or her credit card. Any remaining balance of the total monies due may be automatically charged to the same credit card on the last scheduled payment. If Guest’s arrival date is less than 90 days from the date of this agreement, full payment is due now, via credit card, or other means, in order for Guest’s reservation to be confirmed. Any increase in the taxes, fees, or charges imposed by a government agency (or any other applicable regulatory agency) from the date this Agreement is executed through Guest’s departure date shall be paid by Guest.
2. Method of Payment and Taxes
Payments shall be paid via any of the following methods using the following instructions:
a. Bank Wire/Electronic Funds Transfer
b. Check
c. Credit Card
Hawaii General Excise Tax (GET) of 4.712% is added to the Rental Price, Cleaning Fee, and Admin Fee. In addition, Transient Accommodations Tax (TAT) of 13.25% is added to the Rental Price and Cleaning Fee.
3. Cancellation and No Refund Policy
If notice of cancellation is received prior to the number of days listed on the Cancellation Policy stated under the Payment Schedule, all payments made by Guest shall be fully returned to Guest, less a $200.00 Cancellation Fee and the paid Admin Fee, which is nonrefundable upon receipt. If notice of cancellation by Owner’s Agent is received after the number of days listed on the Payment Schedule, the Rental Price, related taxes, and all fees are non-refundable.
If your booking was made through an outside agency, such as VRBO or Airbnb, the Cancellation Policy stated on the outside agency’s booking site will supersede the policy stated above.
Owner reserves the right to cancel any reservation without notice and retain Guest’s deposit(s) if Guest has failed to make a payment on time.
4. Security for Damages, Liabilities, and Excessive Cleaning
Security Deposit – Either a cash deposit or a pre-authorized credit card hold amount, serving as a Security Deposit/Damage Deposit, is required for the reservation of this Rental Property and is in addition to the applicable Rent, taxes, and fees. If there are no damages after check-out, the Security Deposit will be returned to Guest no later than thirty (30) days after Guest’s departure. If there are damages, the Security Deposit less applicable charges, will be returned to Guest once repairs or remedies from damages can be completed and resolved.
5. Vacation Rental Insurance – Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance provides coverage for the loss of prepaid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. Trip Cancellation and Trip Interruption coverage is available for events such as a sickness or injury of yourself, family member or traveling companion; flight delays due to adverse weather; interruptions of road service; terrorist acts; and mandatory evacuations. The plan also includes other valuable coverages such as Medical and Dental, Baggage, and Emergency Assistance and Transportation in addition to useful services such as identity theft, concierge and 24/7/365 emergency assistance. We strongly recommend you purchase this valuable protection. See plan details at https://www.csatravelprotection.com/certpolicy.do?product=GR330. The plan cost includes the travel insurance premium and assistance services fee. Travel insurance coverages are underwritten by: Generali U.S. Branch, New York, NY; NAIC # 11231, for the operating name used in certain states, and other important information about the Travel Insurance & Assistance Services Plan, please see important disclosures at https://www.generalitravelinsurance.com/customer/disclosures.html
6. Expenses Covered – Guest shall be responsible for any damage to the Rental Property or any property, furnishings, fixtures, and equipment therein, and for any liability created for the Owner, Property Manager or Owner’s Agent, due to any act or omission by Guest or anyone on Rental Property due to Guest’s Rental thereof (including vendors, invitees, or guests), and Guest hereby authorizes Owner’s Agent to deduct from the Security Deposit and/or charge Guest’s existing credit card or debit card on file sums necessary to repair or replace all such damage or cure any such liabilities. Guest, and his or her invitees or guests, shall not remove any property, furnishings, fixtures, or equipment from the Rental Property, and Guest hereby authorizes Owner’s Agent to charge, using the pre-authorized held amount, the Guest's existing credit card or debit card on file for the replacement cost due to such removal. If excessive cleaning or laundering is required on the Rental Property or for any of its furnishings, fixtures, equipment, or other contents, due to Guest’s, or his or her invitees or guests, use of the Rental Property, Guest hereby authorizes Owner’s Agent to charge, using the pre-authorized held amount, the Guest's existing credit card or debit card on file for the cost of such cleaning. For purposes of this paragraph, what constitutes damage and whether cleaning is deemed to be excessive shall be determined by Owner or Property Manager in their sole discretion. Upon request by Owner’s Agent, Guest shall immediately provide Owner’s Agent with Guest’s updated and current credit card or debit card information (along with a photocopy of Guest’s valid driver’s license or other valid government identification) in order to comply with the terms, set forth in this paragraph.
7. Inventory and Furnishings – Furnishings and decorations in the Rental Property shall not be moved. It is agreed that all such furnishings, fixtures and equipment are in good condition, unless otherwise specifically noted in writing. On the last day of the rental, Guest agrees to surrender the premises with all furnishings, fixtures, and equipment in as good condition as received, and in the same location as at the time of arrival. If Guest does not comply with this paragraph, Guest hereby authorizes Guest hereby authorizes Owner’s Agent to charge, using the pre-authorized held amount, the Guest's existing credit card or debit card on file for the cost.
8. Repairs – Guest hereby authorizes Owner’s Agent to charge Guest’s existing credit card or debit card on file all expenses necessary to remove smoke odor or excess soiling/staining from beds, furnishings, carpeting, upholstery, drapes, linens, towels, bathrobes, etc., and to repair/replace any torn, broken, or missing items. The Guest will immediately notify the Property Manager of theft, fire, water leaks, or mechanical malfunction indoors or outdoors, as well as loss of keys, access devices or other breach of security. A replacement/re-key fee applies. THE RENTAL SHALL BE IN THE SAME CONDITION UPON DEPARTURE AS AT CHECK-IN.
9. Other Acknowledgements and Agreements Regarding Occupancy
Guest, and Guest’s invitees, hereby understand and agree to the following:
a. House Rules – Guest, and Guest’s invitees, shall abide by the House Rules of the Owner, if provided to Guest upon Check-In.
b. Principal Guest/Responsible Party – Guest is an adult at least 25 years of age and will be an occupant of Rental Property during the entire reserved period, unless other arrangements are approved in writing by Manager. Guests and/or occupants’ valid U.S., State driver’s license or identification card, U.S. Passport, or other valid government I.D. (as determined by the Owner’s Agent in its sole discretion) must be presented upon request. Guest assumes responsibility for all actions of other occupants, guests, and invitees. No person other than the individuals listed in this Rental Agreement may stay
overnight in the Property. Persons not falling within the foregoing categories will be required to vacate the Rental Property immediately without any refund. No keys or entry code will be issued to anyone who is not an adult 25 years of age. Any reservation found to be obtained under false pretense will be subject to forfeiture of advance payments, deposit and/or rental money, and the party will not be permitted to Check-In. Guest agrees to comply with all posted condominium or homeowner rules and regulations applicable to use of the Rental Property and the common areas.
c. Guest Privacy – During the Guest’s stay at the Rental Property, the Guest may not dismiss mandatory ongoing scheduled services, including but not limited to Owner’s Agent/Property Manager paid housekeeping services, propane re-fill, gardening/plant care, pool/spa service, or any emergency repair, unless otherwise agreed to in writing by Owner’s Agent.
d. Energy Consumption – If the Rental Property has a pool, unless specifically stated in this Agreement pool heating is not included in the rental amount. If pool heating is desired guest shall contact Owner’s Agent to determine availability and additional cost. Note: Propane and electric usage in excess of the average monthly cost for the Rental Property may be charged to Guest, and Guest hereby authorizes Owner’s Agent to charge Guest’s existing credit card or debit card on file. Reasonable ordinary consumption should avoid any extra charges.
e. Non-Smoking – Smoking is NOT allowed in the home or anywhere on the grounds of the Rental Property.
f. No Flammable or Hazardous Materials - No dangerous, flammable, or explosive materials considered hazardous, including candles, are allowed at the Property.
g. Quiet Use – The Rental Property is provided for quiet residential accommodations for the Guests and its occupants; loud outdoor amplified music is NOT allowed, nor is the use of fireworks, drumming, camping, commercial activities including video production or photo shoots. Any other behavior on or about the Rental Property which may be contrary to local noise ordinances, local and federal laws, house rules, or community association rules is also prohibited. The Guest will not use the Rental Property in any way that adversely affects neighbors, including parking and excessive noise violations. Any noise complaints are subject to local law enforcement intervention. Law enforcement intervention will be deemed by the Owner’s Agent as a breach of this Agreement and may lead to cancellation and grounds for removing Guest and/or his or her invitees. Quiet Hours are from 9:00pm to 8:00am. Sound that is audible beyond the property boundaries during non-quiet hours shall not be more excessive than would be otherwise associated with a residential area.
h. Special Gathering Events/Parties of any kind are STRICTLY PROHIBITED, unless, otherwise agreed to by Owner’s Agent, Owner and/or Rental Property Manager in writing. Therefore, NO weddings, event gatherings, commercial/corporate activities, or BBQ gatherings over the maximum number of registered guests, unless prior written arrangements were made. If Guest wishes to have an event, please ask Owner’s Agent if Rental Property accepts events and for the rules and guidelines thereof. *UNAUTHORIZED EVENT will result in a $3,000 fine. Guest will be charged $3,000.00 for any unauthorized event/gathering, without any Prior Notice and/or written consent, and this fine is in addition to any damages or additional cleaning for which Guest is also responsible under this Agreement. Guest hereby authorizes Owner’s Agent to charge Guest’s existing credit card or debit card on file for any such unauthorized events, including the fine, damages, and cleaning charges. If this policy is ignored the event will be shut down and Guest and/or his or her invitees will be asked to leave the premises immediately and this Agreement will be terminated. The Rental Property shall be in the same condition upon departure as at Check-In.
i. Sub-renting or re-assignment of this Agreement is NOT allowed.
Non-Registered/Resident Social Guests – NO additional people or guests beyond the maximum stated on Rental Agreement are allowed on the Rental Property at any time, unless expressly agreed upon, in writing, by Owner’s Agent. Guest shall be liable for all acts of the family, invitees, employees, or other persons invited onto the Rental Property by Guest, and will INDEMNIFY, DEFEND AND HOLD HARMLESS the Owner’s Agent, Owner and/or Property Manager from any liabilities that are related to Guest allowing such parties on the Rental Property.
The names and ages of all people staying with Guest at the Rental Property must be listed on this Agreement in the space provided. If the names of the people in Guest’s group change, this must be communicated in writing to the Owner’s Agent. Owner’s Agent must approve any additional people staying at the Rental Property in writing prior to arrival and are subject to additional nightly fees if accepted by Owner’s Agent. Guest will be asked to leave the Rental Property immediately with no refunds if this policy is violated.
j. Pets and service animals are absolutely NOT allowed in or on the Rental Property, without the express written permission of the Owner’s Agent.
k. Security – Guests are responsible for maintaining security by locking the residence when absent. There are many valuable items in the house. Guest is responsible for any stolen/broken items if the house is left unlocked. Owner’s Agent, Owner and/or Property Manager and/or their respective employees will be held harmless and are not responsible for theft and/or damage(s) of personal property; therefore, NO refunds will be given for any such occurrences. In the event a Guest is locked out of the Property, Guest shall promptly notify Agent to coordinate reentry. Guest will be responsible for any costs incurred in connection with a lockout, including, without limitation, the cost of any locksmith fees and the cost of replacing any keys or access devices.
l. Owner and Owner’s Representatives Entering Rental Property – Occasionally, the Owner’s Agent or their designated representative(s), including Property Manager, caretaker, or repair person, may enter the Rental Property at any reasonable time for inspections, maintenance or repairs with a minimum of two (2) hours advance notice to Guest (from when a message is left on Guest’s cell phone). Regularly scheduled housekeeping, pest control, and landscape and pool maintenance personnel may enter the grounds of the property at any time, without prior notice.
m. Owner Areas – Owners, and their Property Manager, may have several locked closets and designated cupboards for their use only. The Guest will not disturb the Owner/Property Manager’s personal effects stored at the Rental Property.
n. Check-In & Check-Out – Check-In is at 4:00 PM and Check-Out is at 10:00 AM – Guests may request a late Check-Out, but late Check-Outs without the expressed agreement of the Owner’s Agent will be charged the equivalent of one full day’s rent. This cost will be charged to Guest’s credit card or debit card on file unless other arrangements for payment have been made.
Upon checking out please: a) Leave the Rental Property neat and tidy; b) Place all dishes in the dishwasher; c) Remove trash to outside bins; d) Turn off all lights, and air conditioning, if applicable; e) Close all windows and louvers; f) Remove all food items from the countertops and store in the refrigerator; g) Lock the doors and leave all keys and garage door openers on the kitchen counter, or other location as designated by agent or owner, making sure all garage doors are closed and locked.
o. Keys – Guest is responsible for all keys, key FOBS, garage openers, gate openers, and golf cart keys if applicable. At Check-Out, Guest must return all such items received at Check-In. Failure to do so, will result in the replacement cost of $200 per key, key FOB, garage opener, gate opener, and/or golf cart key being charged to Guest’s credit card on file.
p. Parking – Guest is responsible for parking their vehicle(s) in the designated onsite parking spaces only.
q. Included Services in Daily Rent – Internet, utilities, and washer and dryer. If Guest desires services other than the foregoing, Guest may call Owner’s Agent to make arrangements for such services at Guest’s sole cost and expense. Such services are not guaranteed and shall be requested by Guest in written form prior to Guest’s Check-In. If the Property is equipped with one or more telephones, then Guest may use the telephones for calls to local phone numbers only. Any long-distance phone call charges will be charged to Guest, and any such charges that are not paid at check-out may be deducted from the Damage Deposit. Cell phone usage is highly recommended.
r. Additional Housekeeping: Guest may request extra housekeeping for an additional fee, which will be added to the Total Reservation Fee and charged to Guest at check-out.
s. Neighboring Properties – Guest understands that Agent cannot guarantee that adjacent and/or nearby properties will be free from disturbances and/or not be under construction, undergoing repairs or maintenance in any way, or that Government construction projects will not be in progress around the Rental Property. Construction on adjacent properties or construction conducted by the Government is not a valid reason for termination of this Agreement, nor is it due cause for refund and/or the cancellation of this Agreement. No such refunds or cancellations will be allowed.
t. Service Vendors – Guests needing to engage service vendors for deliveries of rented items or other items, as well as any other services, shall first contact Owner’s Agents (Anne: 808-936-3870 or Kai: 808-443-6991) to obtain authorization to arrange for any such deliveries and/or services at the Rental Property. Guest shall not engage service vendors to come onto the Rental Property that are not on the Owner’s pre-approved list without Owner’s Agent’s express written consent. Guest agrees to indemnify, defend and hold harmless Owner’s Agent, Owner and Property Manager for any liability relating to unapproved vendors including costs, expenses, and claims or damages of any kind resulting from Guest’s allowing unapproved vendors on the Rental Property. Examples of service vendors include, without limitation, chefs, caterers, massage therapists, entertainers, and all delivery services.
u. Rules for Pools and Spas - If the Property has access to or use of a pool or spa, the following rules shall apply:
● There is no lifeguard on duty at the pool or spa. By using any pool or spa, Guests agree to assume all risks associated with such use. Persons who cannot swim or who cannot stand unassisted in the deepest portions of the pool or spa must be supervised at all times by a person who can swim. All children must be supervised by an adult who can swim at all times while using the pool or spa. No diving or jumping in the pool.
● Persons with an open wound or communicable disease are not allowed in the pool or spa.
● Pregnant women and young children should not use the spa without the consent of their physician. Those with heart conditions or those that suffer from high blood pressure should not use the spa. No jumping or diving into the spa.
● No surfboards, boogie boards, diving equipment, skateboards, bicycles, or similar items are permitted in or around the pool and spa area.
● No glass containers of any kind are permitted in the pool or spa area.
● Intoxicated persons are not permitted to use the pool or spa.
● Children must be supervised at all times while using the pool or spa. During social gatherings, an adult who can swim must be appointed to watch any children in the pool or spa to protect children from pool or spa accidents.
10. Equipment Failure – A failure of mechanical, electrical or electronic equipment or items on the Rental Property that occur during Guest’s stay will not void or alter this Agreement. The Property Manager will make all commercially reasonable efforts to correct and restore reported conditions or problems as soon as possible. Any issues presented after Check-Out cannot be remedied and will not be a cause for compensation to Guest.
11. Environmental Disclosure – Hawaii is a tropical environment, and as such, Guest is aware that insects, rodents, lizards and other pests may be present. Guest understands that the Rental Property is regularly treated to keep pests under control at all times. Contact with a pest inside or outside of the Rental Property is not reason for termination of this Agreement and no refunds will be given. Guest(s) acknowledge the State of Hawaii is exposed to such environmental hazards including, but not limited to, tidal waves/tsunamis, hurricanes, floods, and volcano eruptions. Please refer to the State of Hawaii website regarding inundation area and evacuation instructions should a threat occur. Owner recommends Guest consider purchasing separate Vacation Rental Insurance for any unforeseen circumstances. Owner and Owner’s Agent do not offer or provide Vacation Rental Insurance or any other kind of insurance.
12. Oceans and Beaches – All beaches in Hawaii are public and Owner and Owner’s Agent cannot control the public's use of such areas. As with most natural areas, beaches and shorelines can be unpredictable due to tides, currents, swells and storm events. Owner and Owner’s Agent cannot guarantee the condition of beaches and ocean accessibility and will not give refunds due to beach and ocean conditions. Lifeguards are not present on many beaches and ocean waves, undertow, currents, rip tides, and dangerous sea creatures vary from area to area, minute by minute, and by season. Please use caution, and if in doubt, don't go out.
13. Mail and Deliveries – Owner and Owner’s Agent are not responsible for mail or deliveries sent to the Rental Property before, during, or after Guest stays. Guest(s) hereby acknowledge that mail may not be deliverable to certain properties, and in no circumstance will Owner or Owner’s Agent be held liable for mail that is lost, damaged, delayed or returned to sender.
14. Safety – Guest acknowledges that he or she is liable, and accepts responsibility for, his or her safety and the acts of other individuals staying with Guest or visiting Guest, including any
invitees, friends, family members, or others on the Rental Property because of Guest, especially during Social Gatherings/Events (if approved in writing), and will indemnify, defend and hold Owner, Property Manager and Owner’s Agent, as well as their officers, agents, employees, and assigns, harmless from and against any and all liability for personal injury or property damage sustained by any person (including occupants and invitees) resulting from any careless actions caused by, or arising out of, the negligence of the Guest’s, or other individuals occupying or visiting the property because of Guest’s use of the Rental Property. If applicable to Guest's rental property, Guest understands and agrees that there is an unfenced swimming pool and hot tub at the rental property. Guest shall not permit any use of a pool or hot tub by unsupervised children or other at-risk individuals and shall keep slider doors closed at all times. Guest and other invitees on the Rental Property shall use the pool and hot tub at their own risk.
15. Removal of Guests – Owner, Owner’s Agent or Property Manager reserves the right to remove Guest, his or her invitees, or any other occupant on the Rental Property, if they have damaged, or are causing damage to, the Rental Property or if they violate the law or act contrary to any of the conditions noted in this Agreement, including Guest’s misrepresentation of any information in this Application and Agreement.
16. Liability Release – Guests, for themselves and their respective heirs, personal representative, successors and assigns hereby release the Owner’s Agent, Owners of this Rental Property and their Property Manager, designated agents, their respective employees, sureties, insurer, attorneys, successors and assigns from all claims, demands, and/or causes of action the Guest has, or may have in the future, for any matter, cause or anything whatsoever resulting from, or in connection with, the Rental Property identified in this Agreement, including without limitation any claim, demand, suit or cause of action which may otherwise be awarded. Neither the Owners of the property, nor the Owner’s Agent, are liable for any damages to Guest or Guest’s Rental Property caused by acts beyond Owners’ or their Property Manager’s control including, but not limited to, Acts of God, military action strikes, revolution, pest invasion, inclement weather, vandalism, pandemic, personal injury, or death. If any defects or hazardous conditions are discovered on the Rental Property, Guest will notify Owner’s Agent immediately. Guest acknowledges his/her awareness of the following potentially hazardous conditions on the Rental Property: (a) there are or may be steps between interior levels which may not be obvious because of the flooring materials employed; (b) tile around the pool if present, or around the any tub or shower in the bathrooms, can be slippery when wet; (c) art niches in walls can be hazardous to crawling or very young children. Guest agrees to use due care in the use of the Rental Property and waives any claim against Owner’s Agent and Property Manager with respect to the condition of the Rental Property, other than claims resulting solely from Owner’s or their Property Manager’s gross negligence or intentional misconduct. Guest understands and agrees that any recreational and fitness items at the property including but not limited to golf cars, bikes, skateboards, boogie boards, kayaks, snorkel or diving gear, free weights, treadmills, pelatons, pools, hot tubs, pool floats, pool toys, beach chairs, beach toys and other such equipment are used at guests’ sole risk and that owner bears no responsibility for any injury or death related to the use of such items. If the Rental Property has a pool, Guest further agrees that he/she will not permit running or dangerous play around the pool or on the pool deck and will indemnify and hold Owner’s Agent and Property Manager harmless from any injuries or death resulting from careless use of the pool. The above rental information, while deemed reliable, is not guaranteed. Changes in inventory and/or decor occur from time to time, and such changes will not void or alter the terms of this Agreement and are not a valid reason for termination. Guest is aware that Owner’s Agent acts as an intermediary and this Agreement is provided on behalf of the Owner or Owner’s designee and Owner’s Agent cannot ensure specific performance of owner.
17. Guest Disclosures and Additional Terms – Upon request by Owner’s Agent, Owner or Property Manager, Guest shall promptly provide Owner’s Agent with proof of Guest’s identity, and, if requested, proof of the identity of Guest’s invitees and guests. The acceptable forms of identification include U.S. Passports, a valid U.S. State driver’s license, or such other form as deemed acceptable by Owner’s Agent in its sole and absolute discretion. If Guest or his invitees do not have such identification alternative forms should be discussed with Owner’s Agent in advance.
18. Extenuating Circumstances Due to COVID-19 – Within 10 days prior and including up to 72 hours before the scheduled Check-In date, if there are Covid-19 government restrictions in effect which would prevent Owner from allowing Guest to Check-In to the Rental Property, Guest will be entitled to choose either a full refund less $250.00 cancellation fee, or a penalty-free credit for the full amount of their stay to be used for a new future stay within 12 months of scheduled Check-In date, with dates approved by Owner. If Guest chooses dates where the rate is higher, Guest agrees to pay the difference. If Guest cancels when no such government restrictions are in place, the normal Cancellation and No Refund Policy shall apply.
19. Meet and Greet – Due to Covid-19 restrictions, Guests will have either a Meet and Greet with Property Manager or Owner’s Agent wearing a mask and proper social distancing or a contact-free Check-In. The Meet and Greet will include information about how to use the Rental Property, the surrounding facilities and resort amenities, and how and where to access the beach.
20. Force Majeure – Neither Owner, Owner’s Agent, Owner’s Property Manager, nor any of their respective affiliates are liable or deemed responsible for any damages, losses or injuries to Guest, including but not limited to any fire, flood, hurricane, tsunami, war, revolution, terrorism, pandemic or change to any law, regulation or governmental policy, or other circumstances that are out of the control of the Owner, affecting any aspect of Guest’s ability to occupy or to remain at the Rental Property. If Force Majeure requires Guest to vacate the Rental Property, Owner agrees to credit Guest for days Guest was unable to occupy the Rental Property. If Force Majeure prevents Guest from checking into the Rental Property, then the sole responsibility of Owner is to provide a full refund of all monies paid under this agreement, and Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which may result from any such event.
21. Problems with the Rental Property – Guest should immediately notify Owner, Owner’s Agent, and/or Owner’s Property Manager of any problems related to the Rental Property. Owner and Manager will quickly and reasonably endeavor to fix the problem ASAP but will not consider complaints filed after the Guest has vacated the Rental Property.
22. Return of Lost Items - If Agent finds any personal property belonging to Guest at the Property after the end of the Occupancy Period, Agent shall notify Guest in writing about the items. If Guest requests that Agent mails or ships any items to Guest at a location other than the Property, then a $50 handling fee, plus mailing or shipping costs, shall be charged for each item returned to Guest. Any items that Guest does not claim or request to be returned within thirty (30) days after Agent provides written notice of such items to Guest will be deemed abandoned and may be disposed of in Agent’s sole and absolute discretion.
23. Governing Law – Guest acknowledges and agrees that this Agreement and the Parties’ respective rights and obligations in connection herewith, will be governed and construed under the laws of the State of Hawaii, without application of any conflict of laws principles. Any controversy or claim arising out of or relating to this Agreement, its enforcement, arbitrability or interpretation, shall be resolved by binding arbitration administered by Dispute Prevention and Resolution Inc., a Hawaii corporation (“DPR”), under the then Arbitration Rules, Procedures and Protocols of DPR. The prevailing party in any such arbitration or any other action shall be entitled to recover such party’s reasonably incurred attorneys’ fees and costs. In addition, Owner, Owner’s Agent, and Owner’s Property Manager shall be entitled to recover their reasonably incurred attorneys’ fees and costs resulting from any act or omission of Guest in performing Guest’s obligations and requirements under the terms of this Agreement.
24. Non-Applicability of Landlord-Tenant Code - The Parties acknowledge and agree that it is the Parties’ express understanding and intent that Hawaii Revised Statutes Chapter 521, the Residential Landlord-Tenant Code (the “Code") does not apply to this Agreement. To the maximum extent permitted under applicable law, no provision of the Code will be applied to the interpretation of this Agreement or the Parties’ rights and obligations under this Agreement.
25. Survival Clause – The rights and obligations under this Agreement which by their nature should survive, including, but not limited to any and all payment obligations invoiced prior to the termination or expiration of this Agreement, indemnities, agreements and representations, will remain in effect after termination or expiration hereof.
26. Severability – Guest understands and agrees that the provisions of this Agreement shall be deemed independent and severable, and the invalidity or unenforceability of any one provision shall not affect the validity or enforceability of any other provision.
27. Entire Agreement – This Agreement (with the applicable Exhibit A), together with the information provided on and completed in the online form, sets forth the entire agreement between the Parties hereto with respect to the vacation rental transaction contemplated hereby and supersedes all previous negotiations, commitments, writings and understandings. This Agreement may not be amended, modified, extended, or supplemented except by written instrument executed by Owner, Owner’s Agent and Guest. Neither of Owner, Owner’s Agent, nor Owner’s Property Manager has made any representation or warranty to Guest except as expressly set forth herein.