VACATION RENTAL AGREEMENT
PLEASE READ THIS VACATION RENTAL AGREEMENT THOROUGHLY. THIS IS A BINDING AGREEMENT.
For the purpose of this Vacation Rental Agreement (this "Agreement"), "Guest" shall mean the person who has made an online reservation on the www.WaikikiBeachRentals.com website (the "Site") to rent a condominium vacation rental unit (the "Unit") from the owner of such unit (the "Owner"). "Guest", "Owner" and "Unit" shall be the persons and condominium unit identified in the reservation confirmation email (the "Confirmation Email") received by Guest at the conclusion of the online vacation rental unit booking process on the Site. "Guest" may also be referred to in this Agreement by the terms "you," "your" and similar terms.
This Agreement is entered into by and between Owner and Guest. Owner and Guest acknowledge and agree that neither WaikikiBeachRentals.com nor its owner, WB Rentals LLC, a Hawaii limited liability company, nor any manager or member of WB Rentals LLC, are parties to this Agreement and do not bear any responsibility or liability with respect to the Unit, or with respect to any services to be provided by Owner or other third parties to Guest.
Owner and Guest agree as follows:
1. Reservation Requirements
• Reservations are not considered "confirmed" until the online booking is finalized and the Deposit charged to Guest by Owner are received by Owner and have cleared Owner's bank account. The "Deposit" shall be 30% of the total rental fee (or 50% if so selected at booking time), plus tax,
except in the case of any reservation made within 30 days of the arrival date, in which case the "Deposit" shall be 100% of the total rental fee, plus tax.
• A Confirmation Email shall be emailed to Guest upon booking of the Unit online. Please review the Confirmation Email careful to make sure that the arrival date, departure date, occupancy and accommodations are accurate. Any errors must be directed to Owner immediately. Unless you advise Owner within 1 hour of the receipt of the Confirmation Email or by the Arrival Date (whichever is earlier), you will be deemed to have agreed that the arrival date, departure date, occupancy and accommodations information contained in the Confirmation Email are accurate.
• Receipt of a Confirmation Email does not constitute a confirmed booking until payment of the Deposit has cleared Owner's bank account. Owner reserves the right to cancel any online booking at any time prior to the time Guest's Deposit clears Owner's bank account. Once the Deposit has cleared Owner's bank account, the booking is confirmed.
• All reservations that need a date and/or property change are subject to availability and Owner's discretion.
• Owner reserves the right to cancel this Rental Agreement without prior notice, at any time and without liability in the event of a sale of the Unit, or if the Unit becomes uninhabitable, damaged or otherwise unavailable. In this case, a full refund will be issued to Guest.
• Owner reserves the right to evict and/or fine ($500 per occurrence) any Guest immediately if they are found to break any house and/or association bylaw, rules, local and federal laws, or act in a threatening, unruly or verbally abusive manner to either Owner, its agents, building staff or other owners of units in or patrons of the building in which the Unit is located. Any Guest that has medical conditions or contagious conditions that put others at risk, are not allowed to occupy the Unit at any time and if discovered, Guest will be in default of this Agreement and Guest will be evicted immediately without any refund or compensation and Guest shall be personally liable for all financial costs related to restoring the Unit to its safe and original condition.
• Owner has published a maximum number of guests allowed to occupy unit at any one time. Any renter misrepresentation or found to have exceeded this limit will be charged $100 per each day of violation extra for a 1 bedroom condo and $200 per day for a 2 bedroom unit. No parties or gatherings in the unit that exceed the maximum guest limit is allowed. In addition, owner has the right to evict that tenant immediately from the unit for misrepresentation and forfeit all rents and deposits paid.
2. Cancellations, Refunds
• All cancellation requests must be made in writing via email.
• There are no refunds. If you cancel at least 14 days before your original arrival date, Owner agrees to give you a credit in an amount equal to the amount you have paid at the time of cancellation to use for that specific Unit anytime (subject to availability) in the future for a period of 1 year to commence no later than the original departure date at no additional cost. If Guest rebooks at a higher season, Guest will be required to pay any difference between the rate at the time of the original booking and the rate at the time of the new booking. There will not be any refunds if Guest books at a lower season. In event of cancellation any and all customer coupon discounts codes are null and voided and will not be offered on new dates for having cancelled previously. Guest should consider acquiring travel insurance if there is a risk of cancellation. If guests acquired travel insurance and cancel a reservation and elect to forfeit their one-year credit for a claim for refund to their travel insurance company, all credit is void and forfeited even if refund from the travel insurance company is less than what was paid.
• All cancellations by Guest within 14 days of arrival, for any reason, will result in forfeiture of all deposits and entire rent plus taxes and cleaning fee, without credit toward any future reservation. No exceptions for any reason.
• You must show up within 48 hours of the scheduled arrival date. Failure to show up within 48 hours of the scheduled arrival date will be deemed to be a cancellation of the entire reservation, in which case all deposits and all rent monies will be forfeited with no refund or credit toward any future reservation. No exceptions for any reason.
• In the event of cancellation, you will not be entitled to any refund, even if Owner re-rents the Unit to another party.
• If you are going to be away from the Unit for longer than 48 hours, you must notify Owner. Vacating the Unit for longer than 48 hours without consent of Owner will be deemed to be a cancellation of the remaining reservation, in which case all rent monies will be forfeited with no refund or credit toward any future reservation. No exceptions for any reason. Early departure will not entitle Guest to any refund.
• Please note that, unless you cancel, you are responsible for any damages to the Unit that occur during the rental period, whether or not you take possession. In other words, if water damage occurs during your rental period, you will be presumed responsible even if you failed to show up and take possession, especially for damage of the type that could have been prevented had you taken possession as scheduled.
• The confirmed reservation is transferable, however, only prior to cancellation or the departure date, whichever is earlier. Guest may give or sell Guest's confirmed reservation in writing to family, friends, or other third parties upon written notice to Owner with sub-Guest's full information including names, email address, address and phone number to be registered with the AOAO and security as mandated by condo bylaws for all guests, however, original Guest must then pay a security deposit in the amount of no less than $1000 for a one bedroom condo and $2000 for a 2 bedroom condo as original Guest remains liable for any unpaid rent and for any damages the sub-Guest causes. Even if the reservation is transferred, Guest remains liable for any unpaid rental, unless Owner accepts the transferee as the new renter in writing.
• Any change of dates to an existing booking will result in the room rate to be adjusted to the current rental rate that is advertised if the rental rate has been increased. If the rental rate for the new period has decreased or is on sale, guest is still bound by the original room rate that was advertised, agreed upon when the original booking was made and remain that rate if new dates requested fall within that same season. Guests may only change their dates two times. On the 3rd date change and any subsequent changes will incur a $150 change fee for each occurrence.
• No refunds or rent reductions will be made due to failure of appliances, equipment, wifi, phone, TV or cable services or any other utility or service that is beyond the control of the owner. Owner does not guarantee against mechanical failure of heating, air conditioning, hot tubs, DVD's, appliances or other equipment but will make every reasonable effort to repair or replace equipment or appliances that were expected. Owner does not guarantee the service of utilities supplied by third parties or amenities/facilities and/or services such as valet parking, concierge, bell captain, restaurants, swimming pool access, elevators or any other item controlled by third parties or the Ilikai Association which are beyond the control of the condo owner. Please report any inoperative equipment or appliances to Owner or Owner's designee immediately at the number listed on the Confirmation Email or in the Unit. Failure of any of the above is at the control of the companies that offer the service and in no way is the condo owner responsible for its service or any interruption that may occur. Furniture does wear out or can be damaged at anytime. There is no guarantee the furniture pictured will be the exact furniture in the condo when you arrive.
All payments are made directly to the Owner, and all claims for refunds or credits are handled by and given by Owner. WaikikiBeachRentals.com acts only as an advertising website for Owners. You agree that WaikikiBeachRentals.com shall have no liability or responsibility to Guest or to Guest's Family and Friends with respect to any payments or refunds.
• Accepted forms of payment: MasterCard, Visa, Discover and American Express.
• All payments are made in U.S. dollars (USD).
• All outstanding rents must be paid in full not later than 30 days prior to your check-in or at the time of reservation, if the reservation is made less than 30 days prior to the arrival date, full payment must be made.
• All rates and payments are subject to all state and local taxes including, without limitation, Hawaii State General Excise Tax ("GET") (including, if applicable, the County of Oahu surcharge) and Hawaii Transient Accommodation Tax ("TAT"), determined at the time each payment is made and without regard to the rate that might have been shown for such payment at the time of booking, as the same may change from time to time. Payments made on or before December 31, 2017 shall be subject to GET (effective rate in the County of Oahu of 4.712%) and TAT (9.25%) totalling 13.962%. Payments made on or after January 1, 2018 shall, subject to further change from time to time, be subject to GET (effective rate in the County of Oahu of 4.712%) and TAT (10.25%) totalling 14.962%.
• Rates are subject to change without notice prior to booking.
4. Check-in Procedures
• Check-in time is no earlier than 3pm on the day of your scheduled arrival. If you wish to check-in earlier, it may be possible but you will need to check with Owner.
• With your Confirmation Email you will be given your check-in procedures.
• Maximum Occupancy of guests per Unit is limited to the number of people specified in the condominium's description. Guests that break the maximum number of guests can be evicted at anytime and forfeit all rents and Deposit paid.
5. Check-out Procedures
• Check-out time is no later than 11 am.
• If you absolutely need a later time guaranteed you must (i) book an additional day or, for some Owners, you may purchase a late check-out option. Late check-outs are accepted for that specific Unit only. If you pay for a late check-out and your Unit is booked that day, Owner reserves the right to have you moved before 11 am on your check-out date to another Unit so the arriving guest can arrive for a 2 pm check-in. Failure to vacate or remove your items from the Unit by 11am, forfeits your rights for another Unit and all funds and payments associated with the late check-out. In addition, all items left in the Unit may be disposed of as these are deemed as abandoned items and neither Owner or Owner's agents are responsible for their removal.
• Before departure leave any keys or condo door codes in the Unit, shut off appliances and lights.
6. Guest's Responsibilities and Owner's Rights
• The Unit, the Building in which the Unit is located and all resort properties, inside and outside, are NON SMOKING and no pets are allowed.
• All guests must abide by the
buildings rules, regulations and bylaws
. These rules are also available for review at the buildings association office. Eviction or fines can be assessed and charged for each occurrence the violation was committed and/or tenant can be evicted immediately and loss of all monies paid.
• The condo interior and exterior items are not guaranteed to be exactly as pictured as items can wear out or be damaged at anytime. The owner reserves the right to replace, change, alter or upgrade interior/exterior items at anytime.
• There is no BBQing, cooking or open flames allowed on any lanai for any reason. There is a min. $500 charge for each violation and guest can face immediate eviction and loss of all monies paid.
• Please turn off lights and AC units when you leave the condominium.
• Locked areas for which Guest is not provided a key, such as Owner's personal storage areas, are exempt from this Agreement and are off limits to Guest. Forced entry into these areas is a criminal offence, cause for immediate termination of this Agreement, and Guest will be charged for damage and/or missing items.
• Owner shall not be liable for events beyond Owner's control which may interfere with Guest's arrival or occupancy, including but not limited to Acts of God, acts of government agencies, fire, strikes, war, inclement weather, flooding, travel delays or construction noise. No full or partial rebate or refund will be offered in these circumstances.
• Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit, and/or rental money and the party will not be permitted to check-in.
• Owner or his appointed agents retains the right to enter the Unit at anytime to inspect or to perform maintenance as needed regardless if Guest is present or not. Prior given notice is usually attempted but is not a requirement.
• Guest is responsible for Guest and Guest's family and friends and all others that Guest permits to occupy, enter or use the Unit ("Guest's Family and Friends"). Guests and Guest's Family and Friends will abide by all
of the AOAO of the Ilikai and/or the Ilikai Condos and any breach of these rules will result in immediate eviction and forfeiture of all funds received.
• Owner, in its sole and unfettered discretion, reserves the right to refuse or discontinue service to any person(s) and/or to rescind any contract for accommodation or guest services.
The local contact for this condo is Bert Shimabuku, 2122 Young Street, Honolulu, HI 96826, Honolulu, HI 96826, 808-223-2264, email@example.com UPON DEPARTURE:
a. Place all rubbish, debris and discards in trash room down the hall and leave condo in a tidy respectful condition.
b. All dishes, glasses, utensils, pots and pans should be properly cleaned and placed back in cabinets.
c. Any and all food and drink items should be removed and discarded upon check out to keep a healthy and clean environment and to abate any pest problems.
d. Turn off all AC units, lights and lock all doors.
DAMAGE FEE: Guest shall be responsible for all damages caused by Guest and Guest's Family and Friends. Without limiting the foregoing, guest may be charged for the following:
a. Damage to the Unit or the building in which the Unit is located or to any contents of the Unit or the building in which the Unit is located, beyond normal wear and tear.
b. Additional expenses for cleaning services due to condo left in an untidy condition or for smoking in the Unit or on the lanai (balcony) to the Unit, contraband, pets, collection of rents or services rendered during the stay or unpaid accrued charges during the stay.
c. Lost or damaged linens and unreturned pool towels.
d. Guest is evicted by Owner (or representative of Owner), the local law enforcement, or the security company employed by the building in which the Unit is located, the resort or property.
e. Damaged property, missing property, or repair of items misused.
LOSS OF PERSONAL BELONGINGS: Neither Owner nor WaikikiBeachRentals.com are responsible for loss of personal belongings or valuables of Guest. Guest is advised to not bring expensive jewelry and other belongings to the Unit. There is no personal safe in the unit. Do not leave personal belongings in your car or on the beach unattended.
• Use of Owner's Mailbox. Some, but not all, Guests will have the right to use Owner's mailbox. Whether to allow use of the mailbox during your stay is determined by Owner, at Owner's sole discretion, and may depend on your length of stay and other factors. If you do not find keys to the Mailbox in the Unit, you do not have the right to use the mailbox during your stay. No adjustment to rent will be made whether or not you have access to the mailbox during your stay.
If your rental includes the right to use Owner's mailbox to receive mail during your stay, the following obligations apply to you:
a. You are responsible for returning the keys to the location in the Unit where you found the keys. IF THE KEYS ARE NOT RETURNED TO WHERE THEY WERE FOUND, YOU WILL BE CHARGED A MAILBOX RE-KEYING CHARGE OF $500, WHICH YOU AGREE CAN BE CHARGED BY OWNER TO YOUR CREDIT CARD ON FILE.
b. You agree to comply with all postal laws, regulations and rules.
c. DO NOT ask the managers or operator of the Ilikai condos, Ilikai Apartment Building or Illikai Hotel for assistance with the mailbox. For problems with the mailbox, contact the phone number on your Confirmation Email.
d. All mail or other deliveries MUST be retrieved BY YOU FROM OWNER'S MAILBOX prior to your check-out time or the time that you depart or abandon the Unit, whichever is earlier. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT BE ABLE TO RETRIEVE ANY MAIL OR OTHER DELIVERIES AFTER YOUR CHECK-OUT TIME OR THE TIME THAT YOU DEPART OR ABANDON THE UNIT, WHICHEVER IS EARLIER. You agree that any mail or other deliveries remaining in the mailbox or received after your check-out time or the time that you depart or abandon the Unit, whichever is earlier, WILL BE CONSIDERED ABANDONED AND MAY BE DISCARDED OR RETAINED BY ANY PERSON FINDING THE MAIL OR OTHER DELIVERED ITEM, AT SUCH PERSON'S DISCRETION, WITHOUT ANY LIABILITY TO YOU. UNDER NO CIRCUMSTANCES WILL MAIL OR OTHER DELIVERED ITEMS BE FORWARDED TO YOU OR HELD FOR YOU.
e. No representations or warranties are made by Owner, WaikikiBeachRentals.com or its owner, WB Rentals LLC, a Hawaii limited liability company, nor any manager or member of WB Rentals LLC (collectively "WB Rentals") with respect to the mailbox, the mailbox key or any mail delivery services.
f. You agree that your use of Owner's mailbox is entirely at your own risk and that under no circumstances will Owner or WB Rentals or any other person be liable to you or to any third party for the mailbox, the mailbox key, the functioning of the mailbox key or timeliness or accuracy of any mail or delivery services or your failure to receive any mail or deliveries. You agree that your right to use the mailbox is NOT a material term of this Agreement and no failure of access to the mailbox or failure of delivery of mail or other deliveries to you will give you any claim against Owner or WB Rentals.
• Daily cleaning or housekeeping is not included; The cleaning fee is for cleaning before and after your stay. • All rentals are charged with a one time check-out cleaning fee.
• Any additional cleaning can be added at your request and fees apply.
• A basic supply of linen is provided in each property. Bed and bath linens are not exchanged during your stay. • The start up set of bath soap, toilet paper, paper towels and trash bags are not replenished.
• Natural beauty surrounds Oahu but weather, surf, currents, ocean and land conditions may be unpredictable. Please use caution in the ocean and in any bodies of water, including the property's pool, and while hiking. You are responsible for your own safety and the safety of your family. Any ocean equipment provided with the Unit, such as body boards and snorkels, and island guide books are for your enjoyment and to be used solely at your own risk. Fins are recommended for body boarding, snorkeling and swimming. Lifeguards are great resources for current ocean conditions.
Guest acknowledges that Owner shall not in any way be considered an insurer of security within or relating to the Unit or the building or property in which the Unit is located, and Owner shall not be held liable for any loss or damage by reason of any failure to provide adequate security or any ineffectiveness of security measures undertaken. No representation or warranty is made that any security system or measure, if undertaken, cannot be compromised or circumvented, or that any such system or measure undertaken will in all cases prevent loss or provide the detection or prevention for which the system or measure is designed or intended. Guest further specifically acknowledges and understands that the Owner is not an insurer of the safety or well-being of occupants or their property, and that each occupant assumes all risks for loss or damage to property and injury to or death of persons on or relating to the Unit or the Building or property in which the Unit is located, and surrounding areas, and further acknowledges that Owner has made no representations or warranties, nor has or will Guest rely upon any representations or warranties, expressed or implied, relative to the security or safety of the Unit or the Building or property in which the Unit is located, or any security measures undertaken within, relating to, or in the vicinity of the Unit or the Building or property in which the Unit is located.
Guest hereby acknowledges and agrees: (i) the State of Hawaii is periodically subject to Tidal Wave/Tsunami/ Hurricane threats. Please refer to the local phone book regarding inundation area and evacuation instructions should a threat occur; (ii) Owner is not responsible for any noise pollution, delays, or inconveniences including, but not limited to, traffic and emergency response vehicles, parades or events, frogs, birds, and/or construction; (iii) Due to the tropical nature of Hawaii, Owner has no control over commonplace pests that may be exist in the Unit or the building or property in which the Unit is located. These may include but are not limited to the following: geckos, centipedes, rodents, cockroaches, mosquitoes, ants and frogs.
**WRITTEN EXCEPTIONS: Any exception to the above mentioned policies must be approved in writing in advance**
WAIVER OF LIABILITY
Under no circumstances shall Owner or WaikikiBeachRentals.com be responsible for any loss, expense, damage, claim, or injury, whether such loss, expense, damage, claim, or injury is direct, indirect, consequential or otherwise whatsoever, howsoever caused or incurred whether arising in contract or otherwise in law or equity as a result of your occupancy or use of the Unit or the building or property in which the Unit is located or of any delay(s) substitution(s), rescheduling(s) or change(s) in the provision of services or accommodations by Owners, employees, owners and/or subcontractors.
WaikikiBeachRentals.com acts only as an advertising website for Owners. You agree that WaikikiBeachRentals.com shall have no liability or responsibility to Guest or to Guest's Family and Friends with respect to any payments or refunds, the performance by Owner of Owner's obligations under this Agreement, any services to be provided by Owner or other third parties to Guest, or otherwise with respect to the Unit, the building or property in which the Unit is located or with respect to Guest's stay in the Unit.
Guest, on behalf of Guest and Guest's Family and Friends, and their respective heirs, personal representatives, successors and assigns, hereby releases Owner and WaikikiBeachrentals.com and their respective members, managers, officers, agents, employees, sureties, insurers, indemnitors, attorneys, successors and assigns from all claims, demands and causes whatsoever resulting directly or indirectly from or in connection the Unit or the building or property in which the Unit located or in connection with this Agreement or the exercise of any rights under this Agreement, including without limitation any claim, demand or cause of action for personal property damages, personal injury or death and any and all loss, liability, cost and expense resulting from any claim, demand, suit or cause of action which may be asserted.
AGREEMENT TO INDEMNIFY
Guest, on behalf of Guest and Guest's Family and Friends agree to hold Owner and WaikikiBeachRentals.com harmless from any liability or expense arising from occupancy or use of the Unit or the building or property in which the Unit is located by Guest or by Guest's Family and Friends, and you further agree to indemnify Owner and WaikikiBeachRentals.com for all claims, costs, expenses, including attorney's fees, and/or damages incurred by WaikikiBeachRentals.com, Owners, employees, webmaster, successors and assigns, directly or indirectly, as a result of the occupancy or use of the Unit or the building or property in which the Unit is located by Guest or Guest's Family and Friends, or arising from the breach of this Agreement by Guest or Guest's Family and Friends.
CREDIT CARD AGREEMENT
For credit card payments you are providing your credit card number both for the payment of all rent due and as a guarantee of payment for damages and/or any breach of this Agreement that you may be obligated to pay to Owner as provided in this Agreement. You agree to pay all rent and charges related to rental of the Unit. You accept all terms of this Agreement and accept all liability for rent and charges related to the rental of the Unit, as well as any damage beyond normal wear and tear during the term of this Agreement. You understand that these costs will be charged to your credit card. In the absence of another payment arrangement, you authorize Owner to charge your credit card for payment of these items.
The terms and conditions of this Agreement may be revised at any time by updating this posting. You should visit this page from time to time to review the then-current Agreement because they are binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on other pages on the www.waikikibeachrentals.com website. This Agreement is governed and construed in all respects in accordance with the laws of the State of Hawaii, regardless of the state or place of domicile or residence of the parties to this Agreement. This Agreement supersedes all prior oral discussions, written information, e-mails or fax communications. If we have to give any notice to you, then we can deliver it to any occupant of the Unit who appears to be 18 years or older, whether or not such person is the "Guest" identified in the Confirmation Email. By serving an occupant in this manner, notice shall have been given to all of you. If we cannot deliver a notice to you, we may post the notice in a conspicuous place on the Unit.
The Condo Owner