Terms and Conditions
RENTAL AGREEMENT and Terms and Conditions
Responsible party must be 25 years or older and occupying the property as a registered guest.
OCCUPANCY & GUESTS:
Your rental rate included the maximum occupancy listed on this property. If you exceed this limit you will be charged $500 and asked to vacate. Your acceptance of these Terms and Conditions is your acknowledgment of the fee and this is collectable thru your credit card used to secure the booking. All ages are considered in occupancy.
You may not have more than 2 visitors/guests at the unit or common facilities at any time. This is strictly enforced by the Association for maximum enjoyment for all guests and residents. If you have reserved multiple units please make sure we are aware so we can notify the onsite management. We do not allow parties or large gatherings at the unit.
RENTAL RATE INCLUDES:
Property rental for a maximum of occupants as indicated in property description.
All stays are subject to nightly rent, taxes, cleaning fee, 9% Administrative Property Fee, Damage Waiver Fee or Security Deposit.
CHECK-IN AND CHECK-OUT:
You will receive arrival instructions via email 7 days before your arrival. If they are not received, please check your junk and clutter folder then notify us at [email protected] if not received.
Property rental/occupancy is from 4:00 pm on arrival day to 11:00 am on departure day unless alternate times have been pre-arranged. Checking out later than 11:00 am without prior approval will incur a $35 per hour billed to your credit card on file. 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 11:00 am or have a late flight, please arrange for an additional night.
The accounting and payment schedule for this reservation is as follows:
Deposit/Payment Schedule Date Due Amount
Initial Deposit At Booking 30% of total
Balance Due 60 days prior to arrival Balance due
CHANGES, CANCELLATIONS & REFUNDS: All reservations are non-refundable and non-changeable. Any change of dates after execution of this rental agreement is subject to Agent/Owner approval. Guest-initiated cancellation at any time after execution of this rental agreement will result in the loss of rental deposits and payments unless the time 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.
- DEPOSIT: A $1,500.00 security deposit is required for this stay (or the $50 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.
DEPOSIT PROTECTION PLAN (DAMAGE WAIVER FEE):
As part of your stay, you may purchase a $50.00 Vacation Rental Damage Protection Plan designed to cover accidental damage to the rental unit that occurs 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. 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. (This coverage is not available to residents of New York State and any Policy purchase will be canceled).
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. (This coverage is not available to residents of New York State and any Policy purchase will be canceled).
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 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. Guest 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.
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). 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/SERVICE ANIMAL 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. Service Animals and Emotional Support Animals: If you will be traveling with a Service or Emotional Support Animal, we must be notified in advance, have proper service animal paperwork, a letter/documentation from a licensed physician concerning the need of the pet, have service animal paperwork submitted to us in advance and have Homeowners Association paperwork filled out and submitted back to us.
13.) KEYS: If your vacation rental has door keys, pool keys/fobs and/or garage door openers and they are lost or not returned upon departure, fees will be incurred. Upon departure, please leave all keys (if applicable) and garage door opener (if applicable) in unit to avoid $250 fee to replace and/or re-key locks or garage door openers.
14.) TEMPERATURE CONTROLS: Our vacation rental properties are temperature controlled to 74 degrees. 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 is posted on site - please adhere.
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. 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 or bikes are at their sole 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 Monday-Friday. The common areas have BBQ’s for your use.
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). Non-major appliances are defined as a 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 $20.00 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 48 hours of a booking with a full refund to the guest.
24.) Parking and rental cars: Car parking accommodations are only guaranteed based on the spaces advertised for the specific property. Many of the condominium complexes have rules about the maximum amount of cars allowed per unit. Most condo complexes do not allow more than two cars per unit and parking for the second car would only be on a first come, first serve basis in unmarked or guest parking spaces. Use of golf carts or unregistered vehicles are not allowed on the roads in some resorts. Please inquire if you have any questions.
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 or held liable for:
- Loss, damage or theft of Guests personal property and that they bear the financial responsibility for the rental contracted for loss, damage or theft of guests’ personal property, guests or vendors invited onto the property and are the only occupants with legal standing in any matter 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 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, substitution, rescheduling or change 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 or third parties whatsoever in supplying any of the accommodations or services as described herein or as substituted.
- Guests are solely responsible for the use of any items available for Guest use at the property.
LOST AND FOUND:
ResorticaHawaii.com nor the home owners are responsible for any personal items left in the home or on the property, including items lost or stolen.
Unclaimed items will be held for you for 30 days. After 30 days, all left items are donated or discarded.
We will be happy to ship retrieved items to you for a $20 handling fee and cost of postage.
Your vacation home is supplied with linens, towels, beach towels, a startup supply of toilet paper (2 rolls per bathroom), paper towel (1), travel size hand soap, shampoo body wash, trash bags, trash liners and a sponge. Salt and pepper is provided, we do not supply oils, spices, coffees or teas. All properties have washers, dryers and dishwashers with unlimited soap supplies.
Full housekeeping service is available during your stay for an additional fee. Please inquire before your arrival to ensure availability of our cleaning staff.
Payment may be made in US$ in the form of credit card. All payments must be received by ResorticaHawaii.com, Inc with adequate time for Bank Processing. 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.
THIS IS A LEGAL DOCUMENT AND SHOULD BE READ CAREFULLY PRIOR TO SIGNING.
If you are making your reservations via our website, your electronic acceptance of these Terms and Conditions legally acts as your approval to receive electronic communication 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.