DUE DATES
Deposit due with a signed rental agreement:
A 50% deposit is due at time of booking within 72 hours. 50% is based on Rent, Taxes & Fees. Balance payment is due 60 days prior to arrival. 50% is based on Rent, Taxes & Fees and 100% of Security Deposit.
Full payment is due no later than 60 days prior to arrival date. A reservation is not confirmed until a signed contract and a payment is accepted within the requirements of the Rental Agreement. Once a reservation is accepted, you will receive an email stating your reservation is confirmed. If no email is received, your reservation is not confirmed.
RENTAL AGREEMENT
TERMS AND CONDITIONS OF AGREEMENT
ACCEPTANCE and PAYMENT TERMS
In order to avoid cancellation of your request for reservation, your signed Rental Agreement, along with receipt of initial payment, must be received within 72 hours.
For dates within 60 days of arrival your signed Rental Agreement, and FULL payment will be due within 72 hours. Upon receipt of your signed Rental Agreement and the applicable payment, a confirmation will be issued to you.
Final payments are due no later than 60 days prior to the commencement of your rental period.
NON-RECEIPT OF FINAL PAYMENT WHEN DUE WILL GRANT THE PROPERTY MANAGER THE RIGHT TO CANCEL YOUR RESERVATION AND YOUR NON-REFUNDABLE DEPOSIT WILL BE FORFEITED.
NO-CANCELLATION and NO-REFUND POLICY
Should Client refuse services contracted within this Rental Agreement, Client forfeits all monies received by Property Manager, with the exception of Clients 'refundable security deposit' and any applicable cleaning fees. *Security deposits and any applicable cleaning fees are collected with balance payments; therefore, the aforementioned refund is void when Property Manager is in receipt of 'initial' payment only.
Under NO circumstance shall Client be granted the authority to deem a rental unfit for habitation. Should Client forfeit their right to services contracted herein, Property Manager will make every effort to book Clients agreed upon dates to others. In the event the Property Manager is able to rebook some or all of Client's dates, a pro-rata refund will be issued to Client for any dates secured by others.
The Property Manager is not responsible for any nearby construction or neighboring noise, as these are risks that are inherent when reserving a vacation rental. We are unable to control these factors, and this Rental Agreement shall remain in full force regardless of issues that may arise. There shall be no cancellation for construction noise, or for neighbor issues of any kind. The Client further understands that the Property Manager cannot guarantee adjacent properties will be free from disturbances and/or construction, repairs, maintenance, or that Government construction projects will not be in progress near the rental property. Construction on adjacent properties or construction conducted by the Government does not warrant termination of this Rental Agreement, nor a valid reason for a refund of any monies to Client from Property Manager.
If Customer is not satisfied with the condition of rental, the amount of Security Deposit being withheld and/or service(s) Client received from Property Manager and/or Property Managers employees and contractors, the Property Manager and Client will work to reach a mutually acceptable resolution.
Any changes made after signed confirmation of this Rental Agreement shall be wholly at Property Managers discretion.
In the unlikely event that Maui mandates any revised terms prior to your arrival ie: shutdown or quarantine required for all travelers, you are eligible for a one-time cancelation, or a 100% credit towards a future stay, minus a 10% processing fee, providing new travel dates are within one year of your contracted dates within this Rental Agreement.
PLEASE ALSO NOTE:
*IT IS THE TRAVELERS RESPONSIBILITY TO CHECK FOR ANY CHANGES THAT MAY OCCUR IN HAWAI'I DURING THESE UNCERTAIN TIMES. CURRENT INFORMATION CAN BE FOUND HERE: https://www.gohawaii.com/travel-requirements
FAILURE TO COMPLY WITH THE TERMS REQUIRED TO ENTER THE STATE OF HAWAI'I WILL NOT WARRANT A REFUND FOR CLIENTS CONTRACTED RENTAL DATES FROM THE PROPERTY MANAGER.
GENERAL TERMS, CONDITIONS, AND DISCLOSURES:
A SECURITY DEPOSIT is required to cover damage to and/or loss of items from the rental, international telephone calls not billed to credit cards or a third party, agreement violations, and/or excessive cleaning (as determined by cleaners upon your departure) ie: excessive trash disposal, excessive laundering, upholstery and/or rug shampooing, etc. Any private phones in the rental unit are for your convenience. Please charge all international calls to a credit card or third party.
TOTAL RENTAL CHARGES:
Under this Agreement do not include baggage handling, daily maid service (unless otherwise specified), International telephone charges, car rental, airfare, food, liquor, laundry, personal items, and excessive cleaning upon departure as defined above.
ALL RATES
Are quoted on a per night basis, and Guest cannot exceed maximum occupancy allowed within this Rental Agreement. Additional guests must be disclosed to and agreed upon IN WRITING by the Property Manager. Names of all guests staying at the rental, along with ages of any minors under 18, must be received by the Property Manager prior to occupancy. If the names of any guests change prior to arrival, this must be communicated IN WRITING to the Property Manager.
Additional customers beyond those identified with this Rental Agreement are not permitted and will result in an additional fee of $1000 per person/per day unless otherwise approved IN WRITING by the Property Manager.
At no time will a verbal confirmation be issued by the Property Manager for additional guests exceeding the maximum occupancy contracted for within this Rental Agreement. Failure to comply with these terms will be sufficient grounds for the Property Manager to terminate this Rental Agreement and discontinue services with no refund issued to Client at Property Managers discretion.
CHECK-IN and CHECK-OUT
Exceptions to a check-in time of 4pm and check out time of 10am time must be approved IN WRITING by the Property Manager. In the event of holdover by Client beyond the departure date set forth in this Agreement, Client shall pay an amount equal to three (3) times the daily rate for each day of such holdover.
LATE CHECKOUTS OF LESS THAN ONE DAY WILL BE CHARGED THE EQUIVALENT OF ONE FULL DAY’S RENT unless otherwise approved IN WRITING by Property Manager.
DWELLING
The client acknowledges that Property Manager and/or their agents retain the right to enter the rental for any reason, including showings to a prospective buyer of the rental.
The Client will be granted a minimum of 24 hours notice for any potential showings, necessary repairs, and/or maintenance - unless a maintenance issue arises with a rental that warrants an expedited entry.
The client agrees and acknowledges this Rental Agreement is NOT subject to the Residential Landlord and Tenant Code within the State of Hawai'i (such as the Hawaii Revised Statutes chapter 521) as this dwelling is not considered a long-term residential rental.
LEGAL DISPUTES
Any legal disputes arising out of this Agreement between Client and Property Manager shall be subject to the exclusive jurisdiction of the Hawai'i State Court. All parties hereby consent to the exclusive jurisdiction and venue of the Hawai'i State Court.
SEVERABILITY
Should a court of competent jurisdiction find any provision of this Agreement to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance.
If feasible, the offending provision shall be considered modified so that it becomes legal, valid, and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Rental Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Rental Agreement shall not affect the legality, validity, or enforceability of any other provision of this Rental Agreement.
CONDITIONS OF RENTAL
This reservation is for quiet residential vacation accommodations only. Therefore parties, receptions, weddings, luau's, events, and/or gatherings of any kind are strictly prohibited unless otherwise approved IN WRITING by Property Manager.
MAXIMUM GUEST CAPACITY
No guests beyond the maximum occupancy approved within this Rental Agreement and/or revised IN WRITING by Property Manager are allowed at the rental property unless disclosed and agreed upon by Property Manager IN WRITING.
QUIET HOURS
Quiet hours are from 9:00 p.m. to 8:00 a.m. HST during which time the noise from rental shall not unreasonably disturb adjacent neighbors. The sound that is audible beyond the property boundaries during non-quiet hours shall not be any more excessive than would be otherwise associated within a residential area. Amplified sound that is audible beyond the property boundaries of the rental is prohibited. Noise complaints are subject to local law enforcement intervention.
Law enforcement intervention will be deemed by the Property Manager as a breach of this Rental Agreement. Failure to comply with these terms will be sufficient grounds for the Property Manager to terminate this Rental Agreement and discontinue services with no refund issued to the Client.
Clients’ reservation is accepted for one family, or group of individuals, for the accommodation in this Rental Agreement. Unless disclosed and agreed upon by the Property Manager this rental will not be used in combination with other accommodations.
The rental shall be in the same condition upon departure as at check-in. Normal wear and tear and the need for cleaning are accepted. Excessive cleaning as defined above may result in additional cleaning fees.
CLIENT:
-May not sublet or assign this Rental Agreement to others.
-May cook only in areas specifically designated for cooking at the rental.
-Must immediately notify Property Manager in the event of a fire, any damages, and/or injury to the rental or persons at the rental property.
-Shall wholly be liable for all acts of their family, invitees, employees, or other persons invited onto the rental property by Client.
-Shall Park in the designated onsite parking area and shall not park on the street or any grassy area.
-Will be responsible to return all keys, and gate openers upon departure. Failure to do so will result in replacement cost(s) deducted from the security deposit.
-Will not bring any animals into the rental, and/or onto the rental property.
-Shall abide by the House Rules of Property Manager and/or the Condominium Association provided to Client upon check-in, as well as adhere to any signs.
-Agrees that contact with, or viewing of, a pest inside or outside of your rental is not a valid reason to terminate this Rental Agreement nor warrant any refund whatsoever. The Client understands that insects, rodents, and lizards flourish in tropical environments. Clients’ rental is in a tropical climate and therefore you will undoubtedly encounter pests during your stay. The Client understands that the Property Manager makes every effort to minimize your interaction with these pests.
-MUST report any issues that may arise immediately to the Property Manager via email and/or at the phone number provided during check-in. The Property Manager will be granted a reasonable length of time (ie: 24 hours) to remedy the situation. Any issues presented from Client to Property Manager after departure are not cause for any compensation.
-Understands that this is a non-smoking property, and hereby agrees to refrain from smoking inside and only in designated areas outside of rental.
-Understands that Chefs and/or any outside services procured directly by the Client will require approval by the Property Manager.
-Shall not permit the use of pool or Jacuzzi by unsupervised children, or any unauthorized guests at the property.
-Shall ensure that property access gates remain closed at all times, except when entering or departing the property.
RELEASE AND WAIVER OF LIABILITY
Being of lawful age (18 years old or older), in consideration for being permitted to use the house (s), pool, hot tub, and all other equipment and furnishings therein (collectively the "Property") I, my spouse, my children, my visitors, my guests, assignees, heirs, guardians, and legal representatives (collectively "Guests") hereby voluntarily indemnify, release from liability, agree to defend and hold harmless the Property Owner, Property Manager, Bello Realty, Inc, trustees, employees, agents, representatives, relatives, and any, organization or group affiliated therewith (collectively the "Landlord") for any accident, injury, illness, death, loss, theft, damage to person or property, or other consequences suffered by me arising or resulting directly or indirectly from my use of the Property, including but not limited to claims arising from or related to Landlord's negligence and/or products liability, including strict products liability. In the event that I am injured, I agree to assume any financial obligation, either through my health insurance or through some other means, for any medical costs that incur.
I also understand that I am fully responsible for all my guests, including minors and visitors even in my absence. I fully understand that swimming pools and exercise activities involve a certain level of risk of injury and that these risks and dangers exist while in the pool or hot tub as well the surrounding areas.
THERE IS NO LIFEGUARD AT THE POOL OR HOT TUB. YOU AND YOUR GUESTS USE THESE AREAS AT YOUR OWN RISK. DIVING IN THE POOL OR HOT TUB IS PROHIBITED. DO NOT USE THE POOL, HOT TUB IF YOU ARE INTOXICATED OR ON MEDICATION THAT CAUSES DROWSINESS OR HAVE ANY OTHER MEDICAL CONDITION THAT MAKES SUCH USE INAPPROPRIATE. DO NOT USE THE HOT TUB FOR MORE THAN 20 MINUTES AT A TIME. CHILDREN UNDER 16 MUST NOT USE THE HOT TUB OR POOL WITHOUT ADULT SUPERVISION.
No glass containers are permitted in or around the pool or hot tub. Please properly dispose of all refuse in the trash receptacles.
You should consult a physician before performing any physical activity. Not to use the pool, hot tub, or exercise equipment with any medical condition, including open cuts, abrasions, sores, infections, maladies, or inability to maintain personal hygiene, if such a condition poses a direct threat to the health or safety of yourself and others and agree you will use these areas in accordance with all applicable public health requirements. It is your responsibility to consult with your physician to determine if any of these medical conditions exist, and, if so, whether such condition poses a direct threat to the health or safety of yourself or others. The Landlord assumes no responsibility for any medical expenses, injury, or damage suffered by me in connection with my use of the recreation Property. IT IS MY INTENTION BY SIGNING BELOW TO EXPRESSLY ASSUME ALL RISK OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE UPON MYSELF, TO THE EXCLUSION OF THE LANDLORD, AND TO EXEMPT AND RELIEVE THE LANDLORD FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH.
By signing this agreement, I waive my right to bring any legal action now or at any time in the future to recover compensation or obtain any other remedy for any injury to myself or my property or for my death, however, caused, arising out of my use of the Property. I further agree that I, my spouse, my visitors, assignees, heirs, guardians, and legal representatives will not make any claim against, sue, or attach the property of the Landlord for any loss or damage resulting from my use of the Property. I am aware of the potential danger’s incidental to recreational activities and excise equipment that this is a release of liability, a waiver of my legal right to collect damages in the event of injury, death, or property damage, and a contract between the Landlord and me, and I sign it of my own free will.
Property Manager and Owner do not guarantee the functionality and/or effectiveness of any optional, or mandatory safety features. The Client agrees that all safety features are provided in good faith, however, The Client accepts full responsibility for themselves and all authorized guests, even if a safety feature does not function properly. All concerns regarding safety equipment and/or features will be brought to the attention of the Property Manager immediately. The Property Manager will strive to remedy the issue within a reasonable length of time, at the Property Managers discretion. The Client acknowledges that The Property Manager will not rent this rental unless the Client accepts these conditions and assume any risks.
I expressly agree that this release is intended to be as broad and inclusive as the State of Hawai'i will allow and that if any portion is held invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect.
If despite the signing of this waiver, a lawsuit is brought against the Owner, Bello Realty, Inc and/or Vida LLC - Property Manager, I agree to pay for any and all court costs and attorney’s fees incurred as a result of such litigation.
ADDITIONAL DISCLOSURES
-Under no circumstances shall Owner, Bello Realty, Inc and Property Manager, Managing agents, and/or their respective employees be responsible for any loss, expense, damages, claims, or injury direct, indirect, consequential, or otherwise whatsoever, caused or incurred whether arising in contract or otherwise in law or equity as a result of the rendering of services or accommodations as described in this Rental Agreement or as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the services or accommodations.
-Owner, Bello Realty, Inc, and Kai Malie LLC - Property Manager, managing agents, and/or their respective employees shall not be responsible for any loss, expense, damages, claims, or injury direct, indirect, consequential, or otherwise caused by reason of military actions, acts of God, or by any agents, employees, subcontractors, servants, or services as provided or substituted.
-Owner, Bello Realty, Inc and Kai Malie LLC - Property Manager, managing agents, and/or their respective employees reserves the right to refuse or discontinue service to any person(s) and/or to rescind any contract for accommodations or customer services.
-Owner, Bello Realty, Inc and Kai Malie LLC - Property Manager, managing agents, and/or their respective employees will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services except as otherwise detailed above.
-Owner, Bello Realty, Inc and Kai Malie LLC - Property Manager, managing agents, and/or their respective employees are not responsible for theft or damage of personal property and no refunds will be given for any such occurrences.
The Client and all authorized occupants have been advised not to leave personal articles in locked vehicles even if in the trunk, and to always lock their vehicle and secure the rental. If renting mopeds, bicycles, or any vehicles, customers are strongly encouraged to arrange for additional insurance, which provides adequate protection in the event of damage or theft arising out of such activities.
*AS A REMEDY FOR VIOLATION OF ANY OF THE STATED CONDITIONS OF RENTAL IN THIS AGREEMENT, THE PROPERTY MANAGER HAS THE RIGHT BUT IS NOT LIMITED OR REQUIRED TO, TERMINATE THIS AGREEMENT AND EVICT THE CUSTOMER FROM THE RENTAL WITHOUT ANY REFUND OF COLLECTED MONEY AND MAY KEEP ALL OR ANY PORTION OF THE SECURITY DEPOSIT.
ACKNOWLEDGMENT:
By consenting to this Rental Agreement and making an initial or full payment according to this agreement, I, hereby agree to the Terms & Conditions set forth within this Rental Agreement.
I, warrant that I have read, understand, and agree to all of the Terms and Conditions set forth, including without limitation the No-Cancellation Policy, No-Refund Policy, and cancellation of the rental in the event of a breach of this Agreement.
I agree to abide by any restrictions of the Property Manager regarding the use of the rental. The Client understands and represents they have explained this Rental Agreement and all its Terms and Conditions to all individuals within their group whether listed or not listed in this Agreement and, and they also have agreed to the Terms and Conditions applicable to them. The Client agrees that all members of their party have been advised not to enter the property unless in agreement with the Terms and Conditions of this Rental Agreement. Further, the Client responsible for signing this Rental Agreement and issuing payment for the rental also accepts full responsibility for all parties that may be unable to understand the Terms and Conditions including any minors and/or comprehension limitations.
Please complete and sign this Rental Agreement and return within 72 hours along with the required payment. An executed copy of your Rental Agreement will be sent to you upon receipt of the aforementioned.
We hereby agree to abide by the above conditions contained with this Rental Agreement and agree that the information provided by the Client is accurate.