PARTIES AGREE AS FOLLOWS:
1. Period of Vacation Rental. Primary Guest will reside in the Home between Date of Arrival and the Date of Departure, to be determined. Other permitted Guests are listed above. The total number of Guests must not exceed eight people. Overnight use of the Home by anyone other than the Primary Guest and Guests listed above, is not allowed without the written consent of the Property Manager. If the number of Guests exceeds the allowed number without permission of the Property Manager, $500.00 (USD) dollars per day, per-person per-night will be charged to the Primary Guest.
2. Use of Home. Guest shall NOT assign this Agreement, sublet, sublease, or offer the Home to any third-party for any other use without written consent of Property Manager.
3. Departure and Arrival Change. Earlier check-in time (before 4:00PM) and late check-out (after 10:00AM) times may be available for an extra charge, subject to availability and should be arranged prior to your booking.
4. Over-Stay of Vacation Rental Period. If Guests remain past the termination of the Rental Period, without written consent of Property Manager, a daily charge of twice the average daily rate for each day the Guests remain, plus all losses, legal fees, court costs and any other damages will be collected from Primary Guest.
5. Execution of Agreement. THIS RENTAL AGREEMENT WILL BECOME NULL AND VOID AFTER SEVEN (7) BUSINESS DAYS IF THE FIRST PAYMENT HAS NOT BEEN RECEIVED AND/OR PAYMENT HAS NOT BEEN MADE PER THE HOMEAWAY/VRBO POLICIES.
6. Administrative Fee. The administrative fee covers loss and damage to the personal and real property in and on the Property, including fixtures, finishes, furniture, accessories, appliances and all items associated with the Property. The $99.00-$195.00 damage waiver fee is nonrefundable, and is paid when the Guest books his or her Reservation. The damage waiver covers up to $1,500.00 in damage. Any amount above $1,500.00 in damage must be paid by the Guest. Any loss or damage due to the Guest’s violation of the Rental Agreement’s terms and conditions shall nullify this waiver, and Guest will be responsible for the entire amount of any damages. This waiver only applies to accidental damage caused by the Guest’s negligent acts or omissions and does not apply to damages caused by the Guest’s deliberate or intentional acts or omissions.
7. Arrival. In general, during reasonable time of day, we meet and greet guests at the Home. At this time, you will get the keys, clickers and guidance on electronics and community association rules.
8. Travel Insurance. Trip cancellation and/or trip interruption coverage is available from 3rd party providers. Maui can have bad weather and natural disasters that include hurricanes, tsunamis, flooding, earthquakes, tropical storms, wildfires and volcanic eruptions. We strongly recommend you buy travel insurance at the time of booking to compensate you in the event you must cancel your trip.
9. Cancellation.
For Villas 12-1/S-1 and 39-2/K-2 and 112-6/F-6: 100% refund if you cancel at least 60 days before check-in. 50% refund (minus the service and merchant fees) if you cancel at least 30 days before check-in. No refund if you cancel less than 30 days before check-in.
For Villas 23-1/L-1, 69-5/I-5, 112-4/F-4 and others: 100% refund if you cancel at least 60 days before check-in (minus the service and merchant fees). No refund if you cancel less than 60 days before check-in.
10. Cancellation by Property Manager. Property Manager reserves the right to cancel reservations for any unforeseen incidents including but not limited to, fire, storm damage, flood, and acts of God. Guests will receive a full refund under this condition.
11. Guest Check-out Responsibilities. Leave used beds unmade, no trash or junk left outside the property, take trash to the dumpster on property site (perishable items), leave gate clickers and keys in the house after checkout.
12. Property Manager Duties. Inspect and clean the Home including: cleaning of tubs, showers, toilets, and sinks; cleaning of kitchen and appliances; sweeping, vacuuming and mopping floors: providing clean linens, towels and toiletries, providing empty trash bins.
13. Guest Liability. Guest shall be liable for any damages caused to the Home during their stay, including, but not limited to, appliances, furnishings, surfaces and kitchen items beyond normal wear and tear. If damage is in excess of the security deposit being held, Guest agrees to reimburse Property Manager for costs incurred to repair/replace the item or condition to the same as it was. before. Property Manager must promptly notify Guest of any damages by written (e-mail) notification within ten (10) business days upon Guest’s departure.
14. Indemnification. Guest hereby waives any claim for property damage or personal injury against Property Manager and Owner arising from the condition of the Home and will hold Property Manager and Owner harmless from any such claim by Guests and any other person’s Guests allowed to enter the Home. Property Manager shall not be responsible for any inconvenience arising from temporary defects or stoppage in supply of water, gas, electricity, plumbing or appliances. Property Manager does not accept liability for any loss or damage caused by weather conditions, natural disasters, acts of God, or other reasons beyond its control.
15. Maintenance. If Primary Guest gives notice to Property Manager of the reasonable need to correct defects in the water, gas, electric, and or plumbing systems or in appliances which have occurred through ordinary use, Property Manager will act at its expense to repair such defects as soon as possible. Property Manager will address issues with the Home that may arise shortly before and/or during your stay, in a timely manner. Property Manager will attempt to fix all problems in a timely manner but when professionals are needed to address a problem, Property Manager can’t guarantee the availability of service professionals during the Rental Period.
16. Access to Home. Guest agrees to allow access to Home to perform regular service maintenance, such as plumbing, A/C, elevator, pest control and appliances, during the Rental Period.
17. Default of Guest. Should Guest be in default of this agreement, Property Manager may terminate this agreement and regain possession of the Home.
18. Home Rules No Smoking, No Pets, No Excessive Noise – Guests agree that any violation thereof can result in immediate termination of this Agreement by Property Manager and forfeiture of all rent paid.
20. Compliance with Community Rules and Condominium Documents. Guest Agrees to observe and comply with the Ho’olei Condominium documents, including shall comply with all covenants and conditions contained in this Declaration, the Bylaws, the rules and regulations or any other applicable condominium documents, and shall bear the entire cost of any fine levied against the owner of the Property, due to the Guest violation of the Ho’olei Condominium documents. All apartment owners, their tenants, families, employees and guests, and any other persons who may in any manner use the Apartments, common elements or limited common elements, shall be bound by and comply strictly with the provisions of the condominium documents and all agreements and determinations of the association as lawfully made or amended from time to time.
21. Legal Right to Rent Property as a Vacation Rental. All Ho’olei properties are located in an approved vacation rental zone (Hotel Zone) and short-term vacation rentals in Ho’olei ARE permitted by Maui County law.
22. Modification and No Waiver of Breach. No waiver or modification of this Agreement shall be binding unless it is in writing signed by the parties hereto. No waiver by a party of a breach hereof by the other party shall be deemed to constitute a waiver of a future breach, whether of a similar or dissimilar nature, except to the extent specifically provided in any written waiver under this Section.
Severability. If any provisions of this Agreement shall be held invalid, the remainder shall, nevertheless, be deemed valid and effective.
23. Governing Law. This Agreement shall be governed by and construed and interpreted in accordance with the laws of Hawaii, applicable to agreements made and to be performed entirely within Hawaii, and all questions relating to the validity and performance hereof and remedies hereunder shall be determined in accordance with Hawaiian law.
24. Jurisdiction and Venue.The parties hereto agree to the exclusive jurisdiction of any State or Federal court on the Island of Maui, HI, over any suit, action or proceeding arising out of or relating to this Agreement. The parties hereto irrevocably and unconditionally waive any objection to the laying of venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. A final judgment in any suit, action or proceeding brought in any such court shall be conclusive and binding upon the parties and may be enforced in any other courts, to whose jurisdiction a party is or may be subject by suit upon such judgment.
25. Counterparts.This Agreement shall be executed in two counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement.
26. Captions. The captions used herein are for ease of reference only and shall not define or limit the provisions hereof.
27. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the matters encompassed hereby and supersedes any prior oral or written agreements.
28. Assignment.The rights of Parties under this Agreement may not be assigned by Guests or Property Manager to any person, firm, corporation, or other business entity which at any time, whether by purchase, merger, or otherwise, directly or indirectly, acquires all or material portions of the stock, assets or any line of business of either Party.
29. Alternative Dispute Resolution.The parties shall endeavor to settle all disputes by amicable negotiations. Except as otherwise provided herein, any claim, dispute, disagreement or controversy that arises among the parties relating to this Agreement that is not amicably settled shall be resolved by Mediation. Failing resolution, Parties agree to resolve any dispute using arbitration as follows:
Any such arbitration shall be heard in Maui, HI, before a panel consisting of one (1) arbitrator, each of whom shall be impartial. Upon the written Request of Arbitration of either party hereto to commence arbitration hereunder, the parties shall attempt to mutually agree as to the identity of the arbitrator, within thirty (30) days of the date of such request. Except as the parties may otherwise agree, the arbitrator (if not selected by the parties hereto within thirty (30) days of a written Request for Arbitration) shall be appointed pursuant to the commercial arbitration rules of the American Arbitration Association. In determining the appropriate background of the arbitrators, the appointing authority shall give due consideration to the issues to be resolved, but his or her decision as to their identity shall be final.
Any party to this Agreement may commence arbitration by the service of a written Request for Arbitration upon the other affected parties. Such Request for Arbitration shall summarize the controversy or claim to be arbitrated.
All attorneys’ fees and costs of the arbitration shall in the first instance be borne by the respective party incurring such costs and fees, but the arbitrators shall have the discretion to award costs and/or attorneys’ fees, as they deem appropriate under the circumstances.
Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
It is intended that controversies or claims submitted to arbitration under this Section shall remain confidential, and to that end it is agreed by the parties that neither the facts disclosed in the arbitration, the issues arbitrated, nor the views or opinions of any persons concerning them, shall be disclosed to third persons at any time, except to the extent necessary to enforce an award or judgment or as required by law or in response to legal process or in connection with such arbitration.
Any arbitration under this Section shall be conducted pursuant to the commercial arbitration rules of the American Arbitration Association.
This Agreement has been provided for your Short Term Rental with Waiola Realty.
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Waiola Realty
(808) 793-3301