Terms and Conditions

RENTAL AGREEMENT and Terms and Conditions

If your are making your reservations via our website, your electronic acceptance of these Terms and Conditions legally acts as your signature for this entire rental agreement and binds you to the terms as allowed to the full extent of the law of the State of Hawaii and any other State involved.


RENTAL RATE INCLUDES: 
Property rental for a maximum of occupants as indicated in property description. 
Property rental/occupancy from 3:00 pm on arrival day to 10:00 am on departure day unless alternate times have been pre-arranged
All rates are quoted on a per night basis for no more than the maximum occupancy listed. 
Additional customers must be disclosed to and agreed to IN WRITING by the Property Manager.  Verbal confirmation by the Property Manager will not be given for additional members of party. 
Guests exceeding maximum occupancy limit will incur $500 fine and be required to vacate the property immediately.  Maximum occupancy may not be exceeded regardless of age of tenants.
All stays are subject to nightly rent, taxes, cleaning fee, Damage Waiver Fee or Security Deposit and 3% Administrative Fee.
Early Arrival and Late Departure:  Arrival Time is any time after 3:00 PM and Departure Time 10:00 am.  We are unable to accommodate Early Arrivals or Late Departures due to back to back bookings, maintenance and housekeeping scheduling and last minute booking availability.  If you require a stay past 10:00 am or have a late flight, please arrange for an additional night.


Responsible party must be 25 years or older.
 
ADDITIONAL CHARGES/NOT INCLUDED:  The rental rate does not include security/damage deposit, transfers, greeting, baggage handling, maid service, chef service, food, beverages, personal laundry service, personal items, telephone charges, car rental, airfare, extra person charges, excessive outcleaning charges or any other items or services not specifically listed in the Rental Rate Includes Section above.  Additional services may be arranged separately.
 
RESERVATIONS & PAYMENTS:  A reservation is being held for the dates specified above.  We must receive a signed copy of this completed Rental Agreement, and the applicable deposit/payment, by the date shown below or the reservation will automatically be canceled.  If you are making your reservation via our website, you acceptance of the Terms and Conditions acts as your signed Rental Agreement.  Reservations made within 60 days of arrival will require full payment of all charges within 7 days of booking. The accounting and payment schedule for this reservation is as follows:

Deposit/Payment Schedule

Date Due

Amount Due

Initial Deposit

At booking

30% total

Balance Due

60 days prior to arrival date

Balance

 CHANGES, CANCELATIONS & REFUNDS:   All reservations are non-refundable and non-changeable.  Any change of dates subsequent to execution of this rental agreement is subject to Agent/Owner approval.  Guest-initiated cancelation at any time after execution of this rental agreement will result in the loss of rental deposits and payments unless the time period booked can be re-rented at an equivalent rate and length of stay.  If a portion of the rental time is rebooked at the same rate, a pro-rata refund will be made for those dates re-booked.  All refunds of services, whether complete or pro-rata, are subject to a service fee of up to 15% of the deposits/monies paid.  No refunds will be made for late check-ins; early check-outs, no-shows or for booked but 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 Owner, withdrawn from the rental market , change of managing agent is made, and no acceptable substitution is agreed upon, or, 3.) A pro-rata refund, less a service fee equal to as much as 15% of the deposits on hand, will be made for space canceled and subsequently re-booked by another party at an equivalent rate and length of stay.

SECURITY DEPOSIT:  A $1,500.00 security deposit is required for this stay (or the $39 Vacation Rental Damage Protection Plan, see below).  If you opt for the Security deposit, the $1,500.00 Security Deposit amount will be added to your reservation transaction total and will become part of the financial transaction total.  The Security Deposit may be paid by credit card or check.  If paid by check, the check must be received 30 days before arrival and will be cashed and held in a non interest bearing account.  Refunds of the Security Deposit, less the full cost to replace, repair or restore damages will be refunded within 14 days of check out date.
 
SECURITY DEPOSIT PROTECTION PLAN (DAMAGE WAIVER FEE):
As part of your stay, you may purchase a $39.00 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.  This Security Deposit Protection plan covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $1500.00. Any damages that exceed $1500.00 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 $1500.00. Certain terms and conditions apply.  Full details of the Security Deposit Protection coverage are contained in the Certificate of Insurance or Insurance Policy (www.vacationrentalinsurance.com/10sdi).  By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly ResorticaHawaii.com, Inc any amount payable under the terms and conditions of the Security Deposit Protection.  . 
 
TRAVEL INSURANCE. ResorticaHawaii.com, Inc. strongly recommends the purchase of trip interruption/trip cancelation insurance to help against financial losses if trip delay or cancelation is necessitated by certain kinds of unforeseen circumstances.
Travel Insurance is NOT AUTOMATICALLY INCLUDED.  Travel Insurance is provided as an option with every rental agreement.  The cost is 6.95% of the Total Rental.  The premium must be paid for at least 30 days prior to arrival or be purchased at the time of reservation if the reservation is made less than 30 days prior to check-in date.  If Guests elects not to procure insurance, no refunds will be provided for cancellations, delays, or disruptions normally covered by the insurance policy. 
For more details, please view the Travel Guard Insurance description of benefits that can be found on our website www.ResorticaHawaii.com.
 
The cost of travel insurance for your reservation is 6.95% of total booking amount.
 
GENERAL TERMS, RESTRICTIONS & DISCLOSURES:  The general terms, conditions and disclosures which apply to this property include, but are not limited to, the following:

The "House Rules" for each complex are located in the informational binder in your vacation rental.  Upon arrival, please make sure to familiarize with and adhere to the "House Rules".

1.)  BEACHES:  All beaches in Hawaii are public; there are no privately owned beaches.  Private property begins at the high tide mark or at the commencement of the vegetation line.
2.)  OCEAN WARNING: Ocean swimming has certain inherent risks.  Wave and current conditions and dangerous sea creatures vary from area to area, day to day and season to season.  Risk and responsibility for ocean swimming rests solely and completely on occupants and guests; lifeguards are not provided.
3.)  POOL USE:  Pool hours and rules are posted on the property.  Tenant acknowledges that they will adhere to posted rules & regulations regarding use of pool. Many pools have key access.  Key will be in your vacation rental upon arrival.  If key is lost there is a replacement fee of up to $100.00.
4.)  POOL SAFETY:  The pool may or may not have a separate child-proof fence immediately surrounding the pool area.  Supervise children very carefully and keep all doors and gates leading to pool and spa areas locked.  Use of the pool facilities is at occupant(s) own risk; lifeguard is not provided.
5.)  GROUP EVENTS:  Parties, weddings, receptions and other such functions which draw additional neighborhood traffic are not permitted at this property.  Any exception will require written permission, proof of insurance and may entail other requirements and fees.
6.)  PHONE SERVICE:  Many units do not provide land line phone service. ResorticaHawaii.com, Inc can provide a phone with unlimited long distance for an additional fee, and at least 48 hours notice.
7.)  TSUNAMI/HURRICANE:  Much of the island of Hawaii is located in a tsunami inundation zone; June through November is considered hurricane season.
8.)  PEST CONTROL:  In a tropical environment, even with diligent pest control, properties will tend to have a modicum of bugs, ants and geckos. Contact with a pest inside or outside of property is not reason for termination of this agreement, nor is it reason for a refund of monies.
9.)  INSPECTION OF PROPERTY:  Guest has been, or is hereby, offered the opportunity personally, or via a designee, to inspect this property prior to rental.
10.)  SMOKING POLICY:  ALL of our vacation rentals are NON SMOKING (including the lanais/patios).  Some complexes are completely  "smoke free" (please see end of this rule for smoke free complexes).  All of our properties are NO SMOKING properties.  For rentals at the Waikoloa Fairway Villas, Villages at Mauna Lani and Waikoloa Beach Villas, it is a non-smoking property- smoking is not permitted anywhere on property. This rule includes E Cigarettes and Vapor Cigarettes. Violation of this policy will result in a minimum additional cleaning fee of $500 and eviction from property for remainder of stay.  No refunds will be given. 

11.)  FIREWORKS:  Absolutely no fireworks of any kind are permitted on the premises.
12.)  PET POLICY:  No pets are allowed on premises.  Failure to adhere to this policy will result in additional cleaning fees to be assessed, as well as eviction from property.  No refunds will be given.
13.)  CHECK OUT:  Check out is 10:00 am.
14.)  KEYS:  Upon departure, please leave all keys and garage door opener in unit to avoid $250 fee to re-key and $75 garage door opener replacement fee.
15.)  TEMPERATURE CONTROLS:  Our vacation rental properties are temperature controlled  to 74 degree.  Overriding this system will incur additional fees.  Please contact ResorticaHawaii.com office if you need more information.
16.)  QUIET HOURS:  Quiet Hours for the property are 10 pm - 8am.
17.)  GARBAGE DISPOSAL:  Please note that the Garbage Disposals are very sensitive.  Please limit what you put down drain.  A $50.00 service charge may be assessed to your account for clogged drains or damaged disposals due to excessive use or misuse.
18.)  CHECKOUT PROCEDURES:  Checkout procedures are posted in all units. .  Guests are asked to wash 2 loads of towels, take out the garbage and load/start the dishwasher prior to departing.  If procedures are not followed, we will assess a $75.00 plus tax fee.  Any unit left excessively dirty may be subject to additional charges.  Please contact ResorticaHawaii.com office immediately if you have any questions or difficulty completing these procedures.
19.)  UNIT AMENITIES: Use of any items that may be at the unit, such as beach equipment is at the discretion of the renter.
20.)  UNITS WITH BBQ GRILLS: Please contact the office at 808-881-8222 if the propane tank seems to be getting low, as delivery of a new propane tank may take up to 24 hours and can only be delivered between the hours of 9am-4pm.
21.) MAINTENANCE:If a ResorticaHawaii.com vacation rental has a major appliance (ie: air conditioner, refrigerator, stove/oven) that becomes inoperable during your stay, ResorticaHawaii.com will do all that they can to resolve the issue in a timely manner.  If the issue cannot be resolved, ResorticaHawaii.com will work with the guest to be compensated for any nights that the major appliance is not operable and the guest can find alternate accommodation on own only for nights that the major appliance is not working OR the guest can move to a “comparable” ResorticaHawaii.com vacation rental (based on availability) only for the nights that the major appliance is not operable. (not compensated).   In regards to non-major appliances (ie: dishwasher, garbage disposal, microwave, TV, Cable, Wifi, BBQ Grill etc…), ResorticaHawaii.com will do all that they can to resolve the issue in a timely manner.  Please note: guests may not be moved or compensated for non-major appliances that may become inoperable during their stay.
22.) Halii Kai Complex: All reservations/stays at the Halii Kai Complex in the Waikoloa Beach Resort are subject to a $10.00 per night resort fee.  This is a mandatory fee.  This fee is for access to overall Halii Kai complex amenities including the pool, restaurant and fitness area located within Halii Kai.  This fee is not collected or paid to ResorticaHawaii.com.  Upon arrival, guests will need to register and pay for the Halii Kai Resort Fee at the onsite office.  If guest arrives after the office is closed, they can register the next morning.  This fee o applies to reservations in the Halii Kai complex only.
23.) ResorticaHawaii.com has the right to cancel any reservation within 24 hours of a booking with a full refund to the guest.
 
LIABILITY:  ResorticaHawaii.com, Inc., or its employees, subagents or assigns, (hereafter jointly and severally referred to as Agent) 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, Agent, Owner and Manager will act in good faith and use their best efforts to substitute accommodations or services of a type comparable to those originally contracted and that are acceptable to Guest(s).  Agent, Owner or Manager, upon just cause, reserves the right to refuse or discontinue service(s) to any person(s) and/or to rescind any contract for accommodations or guest services.
 
INDEMNIFICATION & RELEASE OF LIABILITY:  The undersigned Guests/Occupants understand and acknowledge that the Owner, Manager or Agent are not responsible for loss, damage or theft of Guest's/Occupant's personal property and that they bear the financial responsibility for the rental contracted for loss, damage or theft of guest's, occupant's and invitees' personal property and for malicious, negligent or incidental damages to the property by any occupant(s), guest(s) or vendors(s) invited onto the property and are the only occupants with legal standing in any matter(s) of dispute or litigation which might arise pursuant to, or in consequence of, any accommodations or services provided or as substituted under the rental agreement.  Guests/Occupants acknowledge and agree that Agent, Owner or Manager shall not be held liable for any loss, expense, damage or claim for injury whether direct, indirect, consequential or otherwise, whether arising from a claim of or actual negligence, failure or deficient notice or warning, hazards of any kind known or unknown to Manager, Agent or Owner, failures or inadequacies to comply with any Federal, State, County or other statute law, ordinance, regulation and/or practice, whatsoever or however arising, caused or incurred; whether arising in contract or otherwise in law or in equity as a result of the rendering or the services or accommodations as herein described or as substituted and including, without restricting the generality of the foregoing, the result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of accommodations or services by Agent, Owner or Manager or by reason of military actions, revolution, acts of God, or by agents, employees, subcontractors, servants or third parties whatsoever in supplying any of the accommodations or services as described herein or as substituted.
 
PAYMENT OPTIONS:

Payment may be made in US$ in the form of check, cash, money order, electronic wire or credit card.  All payments must be received by ResorticaHawaii.com, Inc with adequate time for Bank Processing.  Checks need to be received at least 10 business days prior to arrival.  We accept credit card payment via Visa or MasterCard.  International payments may incur additional fee to cover the cost of processing such payments.

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 Agent's offer to rent this property is conditioned upon guest(s) and occupant(s) acceptance of the stated disclosures, terms, conditions and house rules.  A fax or e-mail transmittal of this Agreement shall be deemed to have the same standing as an original document.
THIS IS A LEGAL DOCUMENT AND SHOULD BE READ CAREFULLY PRIOR TO SIGNING.
 
If your are making your reservations via our website, your electronic acceptance of these Terms and Conditions legally acts as your signature for this entire rental agreement and binds you to the terms as allowed to the full extent of the law of the State of Hawaii and any other State involved.


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