Terms & Conditions

Terms and Conditions/Rental Policy

ResorticaHawaii.com, Inc.
69-201 Waikoloa Beach Drive, Suite 2F14
Waikoloa Beach Resort, HI 96738 USA
(808) 881-8222 phone

OCCUPANCY & GUESTS:
Responsible renter must be 25 years or older and occupy the property as a registered guest

Your rental rate covers accommodation for 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 is collectable through the credit card used to secure the booking. All ages are considered in occupancy (including infants). You may not have more than 2 visitors/guests at common facilities (pools, etc) at any time. This is strictly enforced by the Homeowner Association for maximum enjoyment of all guests and residents. 

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 Rental Rate, Taxes, Cleaning Fee, 6% Administrative Property Fee and Property Protection Fee.

PROPERTY PROTECTION FEE:
This fee covers up to $1000 in accidental damages. If any accidental damage exceeds $1000 the guest credit card will be charged for the overage. Any intentional damage or fines levied for disregard of community rules are not covered by this fee and will be the responsibility of the guest.

CHECK-IN AND CHECK-OUT:
You will receive arrival instructions via email 7 days before your arrival. If arrival instructions are not received, please check your junk and clutter folder. Please email [email protected] if you do not receive the instruction email.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 $50 per hour charge billed to your credit card on file. 

We are unable to accommodate Early Arrivals or Late Departures due to maintenance/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.

PAYMENT TERMS:
The payment schedule for this reservation is as follows:
30% Deposit due upon booking.
Balance Due 60 days prior to arrival.

CHANGES, CANCELLATIONS & REFUNDS: 

Reservation dates can be modified up to 60 days prior to arrival, based on availability. 

Reservations can be canceled and refunded, less a $200.00 cancel fee, up to 60 days prior to arrival date. 

Within 60 days of arrival, reservations are non-changeable and non-refundable. 

Guest-initiated cancellation at any time within 60 days of arrival date will result in the loss of rental deposits and payments. Within 60 days of arrival, no refunds will be made for late check-ins; early check-outs, no-shows or for booked but unused services, illnesses, injuries, epidemics, pandemics, canceled family, community or work events, flight cancelations and weather-related events. 

Refunds will be made only under the following circumstances: 

1.) The property rented becomes unfit for habitation and no acceptable substitute can be found; 

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.

We strongly encourage guests to purchase Travel Insurance as our vacation rentals are individually owned and monies paid are due to the property owner. Unfortunately, we are not able to offer refunds within 60 days unless they fall under one of the two circumstances outlined above.  

TRAVEL INSURANCE: ResorticaHawaii.com, Inc. strongly recommends the purchase of trip interruption/trip cancellation insurance to help against financial losses if trip delay or cancellation is necessitated by certain kinds of unforeseen circumstances. 

Travel Insurance is NOT AUTOMATICALLY INCLUDED. ResorticaHawaii.com offers insurance as an add-on option. The cost is 6.95% of the Total Rent. The premium must be paid for at least 60 days prior to arrival or be purchased at the time of reservation if the reservation is made less than 60 days prior to check-in date. 

If Guests elect not to procure insurance, no refunds will be provided for cancellations, delays, or disruptions normally covered by the insurance policy, to include any emergency proclamations by government officials. For more details and terms of the policy and policy cancel grace period, please view the Travel Insurance description of benefits that can be found on our website www.ResorticaHawaii.com. (This coverage is not available to residents of Canada and any Policy purchase will be cancelled).

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 your community will be in your vacation rental. Upon arrival, please make sure to familiarize yourself with and adhere to the “House Rules”.ResorticaHawaii.com guests are to abide by the “Good Neighbor Policy” as stated in Hawaii County Code, Section 25-4-16(c)(2) 

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. ResorticaHawaii.com will not be held liable or extend cancellations/refunds due to beach closures.
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. Community pools/facility hours are subject to change and closure. ResorticaHawaii.com will not be held liable or extend cancellations/refunds due to pool closures.
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.
6.) PHONE SERVICE: Units do not provide landline phone service.
7.) NATURAL DISASTERS: Hurricanes, Tropical Storms and other natural disasters can occur on the Big Island. Refunds will not be given for natural disaster impacts or evacuations.  We highly suggest adding a Travel Insurance Policy that has coverage for such events.
8.) PEST CONTROL: Our vacation rentals are serviced quarterly for 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.) SMOKING POLICY: ALL our vacation rentals are NON-SMOKING inclusive of the lanais/patios. The condo complexes are completely smoke free communities. Smoking is not permitted anywhere on property (with the exception of the Waikoloa Colony Villas that has a designated smoking area). This rule includes E Cigarettes and Vapor Cigarettes. Violation of this policy will result in a minimum additional cleaning fee/fine of $500 and immediate eviction from property. No courtesy notice will be given prior to the fine and eviction from the property. No refunds will be given.
10.) FIREWORKS: Absolutely no fireworks of any kind are permitted on the premises.
11.) 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: If you will be traveling with a Service Animal, we must be notified in advance. Proper service animal paperwork will be required, as well as a letter/documentation from a licensed physician concerning the need of the pet. Paperwork must be submitted to us in advance and have Homeowners Association approval prior to travel dates.
12.) KEYS/GARAGE OPENERS/KEY FOBS/PARKING PASS CARDS: If your vacation rental has door keys, pool keys/fobs, garage door openers or parking placards and they are not returned upon departure, fees will be incurred. Upon departure, please leave all items supplied upon arrival in unit the unit to avoid $250 fee to replace items and/or re-key locks or garage door openers.
13.) TEMPERATURE CONTROLS: Our vacation rental properties are temperature controlled to go as low as 72 degrees. Please contact ResorticaHawaii.com office if you need more information or to request an override (fees may apply).
14.) QUIET HOURS: Quiet Hours for the property are posted on site – please adhere to all posted rules.
15.) 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.
16.) CHECKOUT PROCEDURES: Guests are asked to take out the garbage and lock windows/doors prior to departing. Any unit left excessively dirty may be subject to additional charges. Please contact ResorticaHawaii.com office immediately if you have any questions.

17.) UNIT AMENITIES: Use of any items that may be at the unit, such as beach equipment or bikes are at the sole discretion of the owner. Such items are not guaranteed, and no rate adjustments will be provided in the event of inoperable amenities.
18.) UNITS WITH BBQ GRILLS: Please contact the office at 808-881-8222 if the propane tank is 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 public areas have BBQ’s for your use.
19.) MAINTENANCE/APPLIANCES: Issues with any appliance or electrical equipment should be reported to ResorticaHawaii.com promptly. We will make every effort to address the issue in a timely manner. Issues or failure of any appliance or equipment are not cause for refund, unit move or compensation.
20.) HALII KAI COMPLEX: All reservations/stays at the Halii Kai Complex in the Waikoloa Beach Resort are subject to a $25.00 plus tax 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 the Halii Kai Resort Fee at the onsite office. If a guest arrives after the office is closed, they can register the next morning. This fee applies to reservations in the Halii Kai complex only.
21.) ResorticaHawaii.com has the right to cancel any reservation within 48 hours of the time of booking with a full refund to the guest.
22.) PARKING AND RENTAL CARS: Car parking accommodation is only guaranteed based on the spaces advertised for the specific property. Many of the condominium complexes have rules about the maximum number of cars allowed per unit. Most condominium 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. Commercial vehicles/trucks are not allowed. 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. ResorticaHawaii.com will not be held liable or extend cancellations/refunds due to beach closures, pool/facility hour changes/closures on site or any other pools/fitness centers/spas and changes to furnishings.
Guests are solely responsible for the use of any items available for Guest use at the property.

LOST AND FOUND:
ResorticaHawaii.com nor the homeowners 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 items left are donated or discarded. If you inquire about a lost item and it is found, we will be happy to ship retrieved items to you for a $25 handling fee plus cost of postage. Shipping items from Hawaii can be expensive.

HOME SUPPLIES:
Your vacation home is supplied with linens, towels, beach towels, a startup supply of toilet paper, paper towel, travel size hand soap/shampoo, trash bags, trash liners and a sponge. Salt and pepper, aluminum foil, saran wrap, and coffee filters are provided, we do not supply oils, spices, coffee or tea. All properties have washers, dryers and dishwashers with unlimited laundry soap. We also supply dish soap, dishwasher soap, and 1 all-purpose spray cleaner.

PAYMENT OPTIONS:
Payment may be made in US$ in the form of a 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 an 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.