Reservation Rental Agreement

                                                                                               Waikoloa Hawaii Vacations, LLC.

Toll Free: 800-234-5908 or Office: 808-731-6588

Fax: 808-339-7286

[email protected]

 

RESERVATION RENTAL AGREEMENT

Below, please find the terms and conditions of this VACATION RENTAL AGREEMENT. We hope you enjoy your stay. Please be sure to sign the reservation rental agreement and return it or the signature page via email to [email protected] as soon as you receive it.

By signing this Agreement, the Guest(s) who is a party to this Agreement (collectively, Guest) and the Owner (Owner) of the real property of this Agreement (the Rental Property), through Waikoloa Hawaii Vacations, LLC, (Owner’s Agent/Property Manager) agree to the rental of the Rental Property upon the terms and conditions set forth in this Agreement for use as a short term private vacation residence. You must sign this agreement within 24 hours to avoid cancellation. Once your signed agreement sent to [email protected], and your deposit or full rental fee are received, a confirmation will be issued/emailed to you.  If you do not receive a confirmation this does not void this agreement.

SECTION 1 CHECK IN AND CHECK OUT PREOCEDURES

SECTION 2 PAYMENT SCHEDULE AND METHOD OF PAYMENT

SECTION 3 CANCELLATION POLICY

SECTION 4 GENERAL TERMS, RESTRICTIONS, & DISCLOSURES

SECTION 5 PROPERTY DAMAGE AND INSURANCE

SECTION 6 GENERAL INFORMATION

1. CHECK IN AND CHECK OUT PROCEDURES

1.1 The Rental Property will be ready for Guest’s occupancy on the Check-In Date and Time set forth in this Agreement. Currently check-in time is 4:00 PM and check-out time is 11:00. Starter Set of Supplies (enough for 1 or 2 days) to include, dishwasher pods, laundry pods, tissue, toilet tissue, paper towels. Soap, shampoo/conditioner is generally NOT provided. We encourage each guest to go to the local grocery store, upon arrival to replenish supplies as needed.

1.2 Check-In and Check-Out Dates are final and cannot be changed unless special arrangements have been made with Owner/Owner’s Agent and upon prior notification to Owner’s Agent of such special arrangements. Guest should provide the Owner’s Agent with arrival and departure flight information.

1.3 It is the Guest’s obligation to timely contact (i.e., not later than 15 days prior to Guest’s check-in date) the Owner’s Agent by telephone or electronic mail to communicate and confirm Guest’s plans and to receive last minute information about check-in requirements/procedures. Guest should provide Owner’s Agent with ages of children and all adults so that appropriate bedding changes can be made ahead of the scheduled arrival (such as: 2 twin beds conversion to a king bed or a futon/sleep mat added for additional guest). If high chair or pack n play is requested (additional fees may apply).

1.4 Guest shall vacate the Rental Property BY NOT LATER THAN the Check-Out Date and Time set forth in this Agreement and comply with the Check-Out Procedures set forth in Exhibit A attached hereto.

1.5 Guest shall notify Property Manager immediately if there is anything broken, missing or damaged.

1.6 At check-in, Guest will receive the keys/openers described in Exhibit A. Guest will return the items listed in Exhibit A to Owner's Agent at Check-out or upon departure. In the event any of the listed items are not returned, Guest will be subject to a charge as set forth in Exhibit A which will be deducted from Guest’s Security Deposit.

 

2. PAYMENT SCHEDULE AND METHOD OF PAYMENT

 

PAYMENT: Payment made be made in the form of credit card, check or money order.  We accept credit card payments via Visa, MasterCard, or American Express.  We cannot accept any foreign checks.

2.1 Reservation Deposit: To reserve the dates for the Guest’s occupancy set forth on this Agreement, the Reservation Deposit set forth on this Agreement must be received by the Owner’s Agent, along with a copy of this Agreement signed by all of the Guest(s) named on this Agreement.

2.2 Security Deposit: The Security Deposit set forth on this Agreement is due with the full payment of rent, taxes and fees as set forth on this Agreement and will normally be retained for fourteen (14) days following Guest’s check out. The Security Deposit will not be applied to daily rental amounts. In the event Owner incurs any expenses as a result of damage to the Rental Property during Guest’s occupancy, or for any extraordinary cleaning services beyond the cleaning services paid for by the standard cleaning fee set forth on this Agreement, the Guest will be notified that the Security Deposit is being held beyond the fourteen (14) day period and will be used to pay for the foregoing expenses. Any amount not used for the expenses will be returned to the Guest without interest upon completion of the repairs/cleaning. In addition, any charges incurred by the Guest and charged to or paid by the Owner and not paid by the Guest’s departure will be deducted from the Security Deposit.

2.3 Balance Due Date: The full balance of rent, taxes, cleaning fee and Security Deposit are due not less than sixty (60) days prior to Guest’s Check-In. By authorizing a prior deposit payment via credit card, you are also authorizing the same credit card to be charged for the balance of the total charges 60 days prior to the check-in date of your rental period. This additional authorization shall be exactly as though you have presented the card number for payment at the time the balance becomes due. If you book your rental less than 60 days in advance of your stay, we will charge your full payment immediately by credit card.  If the card will not process, you will be liable for the remaining balance due and authorize us to charge your credit card account on file, exactly as though presented the card number for payment at that time, until your outstanding balance is satisfied.

2.4 Payments: Payments shall be paid by credit card or check payable to Owner’s Agent’s Trust Account. Check is ONLY accepted if it has cleared trust account 60 days prior to arrival.

2.5 Taxes: Hawaii General Excise Tax (GET) of 4.166% and Transient Accommodations Tax (TAT) of 9.25% are added to all rental payments and other charges received by Owner.

2.6 Changes: Any changes made after booking shall be wholly at Property Manager’s discretion. There is no “reasonable” change of accommodation that this agreement requires Property Manager to make. Any changes made to a booking after a confirmation has been issued will be assessed a $100.00 service fee.  Acceptance of any change is subject to approval by the Property Manager of the rental. We will work with you on date changes if they are available should flight problems arise.

 

3. CANCELLATION POLICY

3.1 Owner’s Right to Cancel:

Owner has the right to cancel this Agreement:

A. Until the Owner’s Agent has received the (i) Reservation Deposit and (ii) a copy of this Agreement signed by the Guest; and

 

B. If the Owner’s Agent has not received the full balance of rent, taxes, fees and Security Deposit by the Balance Due Date set forth in Section 2.3 above and on this Agreement.

3.2 Cancellation by Guest:

A. Upon the receipt by Owner’s Agent of Guest’s notice of cancellation at least sixty (60+) days prior to the Check-In Date, which will be confirmed by Owner’s Agent either by electronic mail or facsimile, all payments received by Owner's Agent shall be returned to Guest, less a one hundred dollar ($100.00) administrative fee, if applicable.

 

B. Upon the receipt by Owner’s Agent of Guest’s notice of cancellation less than sixty days prior to the Check-In Date, which will be confirmed by Owner’s Agent either by electronic mail or facsimile, all payments received by Owner's Agent will be a full forfeiture of all monies paid.

 

C. In the event of a debilitating illness or injury preventing Guest from arriving on the Check-In Date, with the proper documentation from a licensed physician, Owner will “consider” a replacement visit. If a replacement visit can be agreed upon by Owner and Guest, payments received by Owner's Agent shall be credited towards Guest’s replacement visit. Absent such agreement by Owner and Guest, all payments received by Owner's Agent shall be returned to Guest, less a one hundred dollar ($100.00) administrative fee.

 

D. No refunds will be made for early/late check-ins; early/late check-outs, other added items (High Chair or Pack n Play), no-shows or for booked or unused services. Refunds will be made only under the following circumstances; 1.) The property rented becomes unfit for habitation and no acceptable substitute can be found; or, 2.) The property is sold by the Owner, and no acceptable substitution is agreed upon.

 

E. Please be further advised that the Property Manager is NOT responsible for construction or neighbor noise, as these are factors that are inherent when renting a vacation rental. We are unable to control these factors, and this agreement shall remain in full force and effect regardless of these issues. We will do our best to acquire a comparable unit if problem arises and is out of our control to remedy. To protect against cancellations caused by certain unforeseen events, such as illness, we recommend that customers purchase travel insurance to assure refund of deposits paid.

 

F. LIABILITY: Waikoloa Hawaii Vacations, LLC or its employees, subagents or assigns, (hereafter jointly and severally referred to as Property Manager) acts only as a marketing agent for the property Owner, and other suppliers providing accommodations, property management and guest services. Agent does not own or manage any property offered for rental and does not exercise control over or have direct supervision of the respective owners, managers or service providers. If accommodations or services must be substituted for any reason, Owner and Property Manager will act in good faith and use their best efforts to substitute accommodations of a type comparable to the property originally contracted and that is acceptable to Guest(s). Owner or Property Manager, upon just cause, reserves the right to refuse or discontinue service(s) to any person(s) and/or rescind any contract for accommodations or guest services.

 

 

4. GENERAL TERMS, RESTRICTIONS, & DISCLOSURES

This Agreement is effective as of the date both Owner, by Owner’s Agent, and Guest, have signed this Agreement (the Effective Date).

In consideration of the rent received and the mutual promises contained herein, Owner, by Owner’s Agent, as of the Effective Date, hereby leases and rents the Rental Property to the Guest on the dates set forth on this Agreement, subject to the terms and conditions of this Agreement. Guest agrees and understands that the term Rental Property, as used herein, includes the interior and exterior of the home, its lanais, landscaping and designated parking area/garage. Locked areas for which Guest is not provided a key, such as Owner’s personal storage areas, are not included within the Rental Property covered by this Agreement.

4.1 Guest shall use the Rental Property for private short term residential purposes only. Guest shall not use the Rental Property for any commercial, improper, offensive or illegal activity. In no event shall individuals other than Guest and the occupants named on this Agreement occupy the Rental Property. Occupants other than those named on this Agreement are not permitted. If there are additional occupants, then Guest shall incur additional charges and/or the occupancy of Guest and all other occupants shall immediately be terminated, at the option of Owner’s Agent.

4.2 Use of the Rental Property other than for strictly family vacation purposes, including, but not limited to, parties, weddings, receptions or other events or activities involving non-occupant guests, or which draw additional neighborhood traffic are strictly prohibited. Guest shall not use or allow the use of the Rental Property in any way that interferes with other residents' use and enjoyment of their real properties that are adjacent to or neighbor the Rental Property.

4.3 Guest shall comply with all House Rules of the Rental Property provided to Guest. If Owner has any additional rules relating to the use and occupancy of the Rental Property, a copy of these rules will be provided prior to occupancy. Supervise children very carefully and keep all doors and gates closed; to include lanais and pool area. Use of pool facilities is at guest(s) own risk; lifeguards are not provided.

4.4 The Rental Property and its surrounding lanais and land are non-smoking areas and smoking in such areas is prohibited. Violation of the smoking policy will result in a minimum additional cleaning fee of $500.00 and eviction from property. No refunds will be given. Pets are not allowed in or around the Rental Property or its surrounding lanais and land. Violation of this pet policy will result in additional cleaning fees to be assessed, as well as eviction from property. No refunds will be given.

4.5 Guest acknowledges and agrees that during periods of rain, the foyer, lanai(s) and entry areas of the Rental Property can be slippery when wet. Guest further acknowledges and agrees that the tropical climate in the State of Hawaii, even with diligent pest control may increase the activity of certain types of insects, field mice or geckos and no refunds shall be given for the presence of any insects, mice or geckos. Owner maintains the Rental Property with regular pest control service, and requires that Guest maintain the standard of clean interior during Guest’s stay as delivered to Guest when Guest commenced occupancy by refraining from leaving food items out when the Rental Property is not occupied and by disposing of food remnants and garbage not already in garbage dispensers.

4.6 Guest acknowledges that all beaches in Hawaii are public; and agrees that occupancy and use of property fronting the ocean presents inherent and significant risks and dangers to the Guest and other occupants that may lead to serious bodily injury, permanent disability, paralysis or death.  Never turn your back to the ocean, ocean swimming has certain inherent risks, wave and current conditions and dangerous sea creatures vary from area to area. Other risks include, without limitation, injury or damage caused by high winds, high surf, flooding and other natural phenomena; uneven and unimproved grounds; high, steep and unprotected shoreline areas; and natural and artificial conditions on the land.

Guest understands and acknowledges the scope, nature and extent of the risks involved in the occupancy and use of property fronting the ocean and Guest, on Guest’s own behalf, and on behalf of all occupants of the Rental Property pursuant this Agreement, expressly and voluntarily agrees to assume all risk of serious bodily injury, permanent disability, paralysis, death, property damage and all other losses, costs and damages that the Guest, and the other occupants of the Rental Property pursuant to this Agreement, may sustain while on or in the Rental Property. The Guest further understands and acknowledges that there may be other potential risks either not known to Owner and/or Owner's Agent or not readily foreseeable at this time, and Guest's assumption of risks as described above shall also include and cover all such risks.

4.7 Much of the Island of Hawaii is located in a tsunami inundation zone; June through October is considered hurricane season, some of the resorts do not have tsunami sirens. Please stay tuned to local radio or news if there happens to be an earthquake in another country or on the mainland.  The evacuation zone is in the Waikoloa Village or Waimea.

4.8 Guest’s Obligations: Guest’s obligations include, but are not limited to, (i) keeping the Rental Property as clean and safe as the condition of the Property permits; (ii) causing no unsafe or unsanitary conditions in the Rental Property; and (iii) notifying Owner’s Agent of the need, during Guest's occupancy, of any replacement of or needed repairs to any smoke detector, electrical equipment or appliances, safety and security devices and lighting fixtures. Guest should contact Owner’s Agent/Property Manager concerning repairs or problems (stopped up toilets, sinks, etc.). Guest agrees and acknowledges that housekeeping, maintenance, property managers and facilities employees may enter the Rental Property from time to time for necessary cleaning, maintenance, repairs, plant care and other reasonable purposes as deemed necessary.

4.9 Permission to Enter: Guest acknowledges and grants specific permission to Owner’s Agent to enter the Rental Property at any reasonable time for inspection, maintenance and security purposes of the Rental Property or in the event Owner’s Agent reasonably believes that the Rental Property or any occupant of the Rental Property is in immediate danger of damage or injury. In the event of any emergency,

4.10 Telephone/Utility Services: No long-distance calls shall be charged to the phone number of the telephone located within the Rental Property unless advertised as included with the daily rent. All such charges plus a twenty-five-dollar ($25.00) service fee will be charged to Guest and deducted from Guest’s Security Deposit. Owner is not responsible for any interruption or loss of telephone or other utility (e.g., electrical, television, cable, water, etc.) services during Guest's occupancy and no refund will be made on account of such interruption or loss.

4.11 Return of Lost Items: A twenty-five-dollar ($25.00) service fee, plus shipping costs-paid in advance or deducted from Guest’s Security Deposit, applies to any Lost and Found items that Owner’s Agent returns to Guest. Items found and not claimed within thirty (30) days of Guest’s check-out will be disposed of at the discretion of Owner’s Agent.

5.  Property Damage:

5.1. Guest assumes full responsibility for the Rental Property, its contents listed in inventory Addendum located with Property Manager and for the personal property of Guest and all other occupants of the Rental Property during Guest’s occupancy of the Rental Property from check-in to check-out. Guest agrees and acknowledges that Owner provides no insurance for any loss of or damage to the personal property of Guest or the other occupants using or on the Rental Property. Therefore, Guest agrees: (i) to lock the doors and windows of the Rental Property when the Rental Property is not occupied; (ii) to not leave valuables unattended in or on the Rental Property; and (iii) to make appropriate arrangements for the safekeeping of valuables during Guest's occupancy of the Rental Property.

 

 

5.2. Upon Guest’s departure from the Rental Property, Guest shall redeliver the Rental Property, amenities, furniture, appliances and other appurtenances of the Rental Property, in as good a condition as delivered to Guest on the Check-In Date set forth on this Agreement. Reasonable wear and tear from use and obsolescence to the Rental Property shall be excepted provided Guest complies with the clean-up procedures set forth in Exhibit A. Charges for clean-up required by unreasonable wear and tear shall be deducted from Guest’s Security Deposit.

Locked areas within the Rental Property for which Guest is not provided a key, are not included as part of the Rental Property covered by this Rental Agreement and are off-limits to the Guest; Guest will be charged for any damage to and/or items missing from the locked areas.

C. Breach of This Agreement: Guest’s breach of any duty, obligation or responsibility contained in this Agreement may be considered material and may result in the immediate termination of Guest’s and the other occupants' occupancy and use of the Rental Property.

VACATION RENTAL DAMAGE PROTECTION:

 

Select one: ____ $39.00 Damage Protection Or ____$500 cash security deposit.

As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that occur during your stay provided they are disclosed to management prior to check-out. If purchased, the policy will pay a maximum benefit of [Policy Limit]. Any damages that exceed [Policy Limit] or are not covered under the plan will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $3,000.00. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy www.vacationrentalinsurance.com/g20vrd . The Vacation Rental Damage plan can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Waikoloa Hawaii Vacations, LLC. any amount payable under the terms and conditions of the Vacation Rental Damage. Please contact Waikoloa Hawaii Vacations, LLC directly if you do not wish to participate in this assignment. If you do not wish to purchase the Vacation Rental Damage Protection, a $500.00 damage deposit will be required prior to check in. If you purchase CSA insurance and then wish to cancel you will need to contact CSA directly at (866) 999-4018.

 

VACATION RENTAL TRAVEL INSURANCE:

Select one: ___ Add Travel Insurance (6.95%) Or ____No thanks. I understand that I may be responsible for cancellation costs.

CSA Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. If you do not elect coverage, you acknowledge you have read and understand our cancellation policy and choose not to purchase Vacation Rental Insurance on behalf of all occupants. Insurance cannot be added after a potential loss or after final payment. Separate CSA terms and conditions apply, please read your policy and contact CSA with questions. (866) 999-4018.

 

6. GENERAL INFORMATION

6.1 UNAVAILABILITY OF RENTAL PROPERTY:  In the event Owner is unable to make the Rental Property available for any reason other than as described in this Agreement, Guest agrees that Owner’s and Owner’s Agent’s sole liability as a result of such unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner or Owner’s Agent be liable for any special or consequential damages which result from such unavailability.

6.2 ASSIGNMENT, SUB-LET AND LICENSE: Guest shall not assign this Agreement, sub-let or grant any license to use the Rental Property or any part thereof without the prior written consent of Owner and/or Owner’s Agent. Any assignment, sub-letting or license without the prior written consent of Owner may, at Owner's option, result in the immediate termination of this Agreement.

6.3 NON-LIABILITY OF OWNER/AGENT; INDEMNIFICATION:

The undersigned Guests/Occupants understand and acknowledge that the Owner and Property Manager will not be liable to the Guest or any other occupants of the Rental Property for any damage or loss occasioned by any service provided by the Owner and/or Owner’s Agent under this 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, closet, waste or other pipes in or on the Rental Property, nor for any damage occasioned by water coming into the Rental Property from any source whatsoever, or for any damage or injury arising from any acts or neglect of the other occupants of, or any other persons on, the Rental Property or on any adjacent property, or of the public, unless such damage or loss results from an intentional act or gross negligence of the Owner and/or Owner’s Agent. All property of the Guest and of the other occupants of, or any other persons on, the Rental Property shall be kept or stored at the sole risk of the Guest only, and the Guest shall hold the Owner and Owner’s Agent harmless from any claims arising out of loss of or damage to the same. In no event shall the Owner and/or Owner’s Agent be liable to the Guest or the other occupants of the Rental Property 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 the Guest, whether caused by the negligence of the Owner or otherwise arising out of the use or occupancy of the Rental Property described in this Rental Agreement, unless such loss, damage or injury shall result from an intentional act or gross negligence of the Owner and/or Owner’s Agent. Guest shall indemnify and save the Owner harmless against and from any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from the use and occupancy of the Rental Property by the Guest or others with the consent of the Guest unless such claim results from an intentional act or gross negligence of the Owner and/or Owner’s Agent.

Guest hereby agrees and shall indemnify and save Owner and Owner’s Agent harmless against and from any and all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees, the amounts of any judgments and amounts paid in compromise settlements, and other related expenses, which may be incurred by or imposed on Owner and/or Owner’s Agent in connection with any claim made, instituted or threatened against Owner and/or Owner’s Agent by reason of, or in connection with, Guest’s use and occupancy of the Rental Property, or injury or damage to, of death of, any person or property or the Rental Property during Guest’s occupation of the same except such liabilities, claims, damages, costs and expenses for which Owner and/or Owner’s Agent are liable by reason of Owner’s and/or Owner’s Agent’s gross negligence or intentional conduct.

6.4 TERMINATION OF AGREEMENT:  Owner’s Agent may terminate this Agreement upon the breach of any of the terms and conditions of this Agreement by Guest or any occupant in the Rental Property with the consent of Guest. In the event of such termination, Guest shall not be entitled to the return of any monies paid to Owner or Owner’s Agent other than the Security Deposit as provided in Section 2.2 above. Upon such termination, Guest and all occupants in the Rental Property with the consent of Guest shall immediately vacate the Rental Property.

6.5 NO WAIVER: The failure by Owner’s Agent or Owner to insist upon the strict performance by Guest of any of the terms and conditions of this Agreement shall not be deemed to be a waiver of any of the other terms and conditions of this Agreement and Owner’s Agent or Owner, notwithstanding any such failure, shall have the right thereafter to insist upon strict performance by Guest of any and all of the terms and conditions of this Agreement.

6.6 PARAGRAPH HEADINGS: The headings of Sections herein are inserted only for convenience and shall in no way define, describe or limit the scope or intent of any provisions of this Agreement.

6.7 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, indemnities, agreements and representations, shall remain in effect after termination or expiration of this Agreement.

6.8 SEVERABILITY: 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.

6.9 FORCE MAJEURE: Performance of this Agreement is contingent upon the ability of each party to perform. If either party is unable to perform due to an act of God, labor disputes, acts of terrorism, government requisitions or other cause beyond a party’s control, such party shall be excused from any further performance under this Agreement.

6.10 ENTIRE AGREEMENT: This Agreement contains the entire agreement between the parties hereto with respect to the 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’s Agent and Guest. Neither Owner nor Owner’s Agent has made any representation or warranty to Guest except as herein expressly set forth.

6.10 GOVERNING LAW; ARBITRATION: 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 its conflict of laws principles. Any controversy or claim arising out of or relating to this Agreement, its enforcement or interpretation, shall be resolved by binding arbitration in the State of Hawaii administered by Dispute Prevention and Resolution Inc., a Hawaiicorporation (“DPR”), under the then Arbitration Rules, Procedures and Protocols of DPR.

6.11 COUNTERPARTS; FACSIMILE/ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument, and in making proof hereof it shall not be necessary to produce or account for more than one such counterpart. The parties agree that executed facsimile/electronic copies of this Agreement, any addenda and/or related documents shall be fully binding and effective for all purposes. Facsimile/electronic signatures on documents shall be treated the same as original signatures.

Effective as of the date set forth in this Agreement, the undersigned Guest hereby accepts, approves and agrees to all of the terms, covenants and conditions of this Agreement and acknowledges that any violation of the terms, covenants and conditions of this Agreement will permit Owner’s Agent to terminate this Agreement subject to Guest’s forfeiture of any amounts received by Owner’s Agent.

ACKNOWLEDGEMENT: I/We the undersigned hereby apply for rental of the above referenced property and warrant that I/we have read, understand and agree to the disclosures and the terms and conditions of rental set forth herein. I/We further understand that the Owner’s and/or Property Manager offer to rent this property is conditioned upon guest(s) acceptance of the stated disclosures, terms, conditions and house rules. A fax/e-mail transmittal or internal reservation acceptance of this Agreement shall be deemed to have the same standing as an original document. Document is 10 pages in total.

 

THIS IS A LEGAL DOCUMENT AND SHOULD BE READ CAREFULLY PRIOR TO SIGNING.

 

SIGNATURE_________________________DATE: __________________

Please email the form/signature page back to [email protected] or via the internal reservation system “acceptance” area.

WAIKOLOA HAWAII VACATIONS, LLC,


A Hawaii limited liability company
By: Heidi Bogert
Its: Principal Broker
OWNER’S AGENT

EXHIBIT A

1. CHECK-OUT PROCEDURES

Upon Check-Out please: Check Out is 11:00 unless arrangements have been made for a late check-out.

a. Leave the Rental Property neat and tidy; ensure welcome binder stays in unit;

b. Place dirty dishes in the dishwasher and start the dishwasher prior to departing the unit;

c. Turn off all lights, ceiling fans, all electronics, and, if applicable, air conditioning;

d. Close/lock all windows and louvers;

e. Dispose of all opened foods or put all perishable food items in the refrigerator;

f. Lock the doors and leave all keys, magnetic cards and garage door openers on the kitchen counter, making sure all garage doors are closed and locked; leave key inside the lockbox. Leave the (2) sets of keys in basket by door. Lost/misplaced key fees are $100.00 per set.

g. Take out all trash to community trash bins and place cans and bottles in a separate bag; and take to trash bins.

h. Place all used sheets and towels on the floor by the laundry area. Separate bath towels from beach towels. It would be greatly appreciated to assist the cleaning team if you would please start a load of laundry before you depart. Do not make the beds (even if you washed sheets). The cleaning team will make all beds.

i. Contact Property Manager with any noted damages and/or maintenance needs that should be addressed.

2. SERVICES INCLUDE IN THE DAILY RENTAL RATE

Local Telephone and Wireless Internet Service;

Starter Set of Supplies (enough for 1 or 2 days) to include, dishwasher pods, laundry pods, tissue, toilet tissue, paper towels. We encourage each guest to go to the local grocery store, upon arrival to replenish supplies as needed.

Utilities, including washer and dryer;

A list of vendors and times of their services will be provided as requested.

Additional cleaning services may be arranged in advance of arrival for a stay longer than 14 days. (Additional fees apply)

The Rental Property includes the following amenities or use of such amenities:

(1) Reasonable use of the club facilities Waikoloa Golf Resort in accordance with availability of such facilities and its rules and regulations.

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.

3. KEYS/OPENERS

At Check-In, Guest will receive the following keys/openers:

  1. 2 sets of keys;
  2. Some units have access cards and/or gate cards.

Guest will return the above listed items to Owners Agent at Check-Out or upon departure. In the event any of the listed items are not returned, Guest will be subject to a possible charge as follows:

$50 per key

$100.00 per access pass

$100.00 per gate card