GENERAL TERMS AND CONDITIONS
This completed Vacation Rental Agreement (“Rental Agreement”) is required within 24-hours to hold your reservation. The Rental Deposit is due upon receipt. Review and acceptance of the Ola Properties, Inc. Terms & Conditions which is made part of this rental agreement is required before a confirmation will be issued.
1. SPECIFIC TERMS: The Specific Terms of the booking including Premises, Guests, and length of stay are provided in the Specific Term sheet which is incorporated by reference as if fully set forth herein.
2. GUEST: “Guest” shall include, but not be limited to all, reserving guest(s), agents, representatives, employees, invitees, licensees, and any other person on the Premises with Guest’s consent.
3. MANAGEMENT: The Premises is professionally managed by Ola Properties, Inc. (“Management”), and includes, but is not limited to, its agents, employees, authorizing property owner and other authorized representatives.
4. RATES: Rates are quoted on a per night, per week or per month basis as noted. Unless specified, check-in time is after 3:00 p.m., and checkout by 10:00 a.m. on the day of departure. Most rates quoted are for a specified number of people (4 for 2-bedroom, 6 for 3-bedroom), additional guests are subject to a per person, per day charge. Charges vary and are subject to change without notice. All properties represented by Management come fully equipped with television(s), linens, dishes and utensils and an initial supply of soap and paper goods. Other amenities vary per Premises.
5. ADDITIONAL CHARGES (NOT included in rate): Rates do NOT include daily maid service (unless noted), gratuities, out-of-country (except Canada) long-distance phone charges, car rental, food, liquor, laundry, personal items, excessive cleaning upon departure (i.e. upholstery or rug shampooing, etc.).
6. RESERVATIONS AND PAYMENTS: Payment of the applicable 25% Rental Deposit amount together with a completed Guest Reservation Application must be received and approved by Management before a confirmation will be issued. No grace period will apply. Final payment, consisting of the remaining balance, must be received by Management at least thirty (30) days prior to guest arrival (or immediately if booked less than thirty (30) days in advance of guest arrival). Failure to make final payments on a timely basis will make reservation subject to automatic cancellation.
7. CONDITION OF RENTAL: The Premises shall be in the same condition upon departure as at check-in. Normal wear and tear excepted. Management or its agents may enter the Premises without notice for emergencies, otherwise with reasonable notice at reasonable times to make repairs, provide maid service, or other services. Guest may cook in areas specifically designated for cooking. Guest must immediately notify Management or agent of fire or other damage to Premises. Guest shall be liable for all acts of the family, invitees, employees, or other persons invited onto the Premises. Guest may not sublet or assign this rental agreement. Guest shall be responsible to return all keys and gate or garage door openers upon departure. Guest shall abide by the House Rules of the Owner, Manager, Condominium Association and/or the Booking Agent as provided to Guest. Guests shall not bring any pets onto the Premises. Guest will not smoke indoors. Guest will rinse feet of sand prior to entering the unit. No parties or gatherings shall be allowed without prior consent. Additional charges may apply. No catering or outside music permitted without prior consent, additional charges may apply. Guest shall not permit any use of pool or Jacuzzi by unsupervised children or other guests and shall keep gates closed. Guest and other invitees shall use the pool and Jacuzzi at their own risk. Guest understands that there are certain inherent risks to person and Premises located adjacent to the ocean or to a golf course, including the possibility of drowning or being struck by a golf ball. Guest acknowledges that Management would not rent the Premises unless the Guest accepted all condition herein.
8. DAMAGE WAIVER: The Damage Waiver is a fee added to the reservation total. When reported immediately, it covers the registered guest against any accidental damage to the unit or its contents for an amount not to exceed $1,500.00. The Damage Waiver gives our guests a complete and total peace of mind by knowing “When accidents happen…You are covered!”
Damage Waiver Terms:
Coverage includes accidental damages only. Damage caused by acts of violence or malicious acts will not be covered.
Damage is limited to the rental unit you are occupying under the terms of your confirmation and does not cover any other structure.
Coverage includes the interior of the unit including furnishings, appliances and other fixtures.
Coverage includes limited damage to the exterior including porches.
Guest's personal items such as luggage, clothing, electronics or any other items that are not a part of the rental Premises are not covered under this coverage.
Vehicles of any kind are not covered.
Damage must be reported to the office immediately for coverage to be in effect.
Acts of God are not covered.
Damage or loss caused by pets or any animal brought onto the premises is not covered.
Damage plan does not cover loss of use of the Premises.
Guest is responsible for charges over and above $1,500.
Please report any damage to the unit as soon as it occurs so we may be able to assess and/or minimize the extent of the damages. The Damage Waiver is valid ONLY if the incident is reported PRIOR TO CHECK OUT. The Damage Waiver becomes void upon departure, and any damage found by Management will be the sole responsibility of the registered guest.
This plan is provided and administrated by Management and is not an insurance policy.
9. SECURITY DEPOSIT: Guests who do not purchase the Damage Waiver are required to make a Security Deposit to protect against any damages to and/or loss of items from the Premises and to assure payment of items charged to the Guest Account. The deposit will be held in a Client Trust Account or the booking agents account and will be returned, minus deductions, not later than 14 calendar days after the termination of this Rental Agreement. We must give you a written statement at that time explaining any deductions. Deductions can be made for the reasons such as: to repair or replace anything that is damaged or missing; to pay any and all amounts due; to replace all keys; additional cleaning expense or to clean excessive dirt (i.e. stained carpets, furniture, walls, appliances, etc.) and put the unit, and the things in it, in the condition when you moved in, excepting normal wear and tear. If your deposit is not enough to cover all the damages and costs, you must pay the extra amount, and you authorize us to charge the credit card provided.
10. LIMITATION OF LIABILITY: Under no circumstances shall Management be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise whatsoever, howsoever caused or incurred whether arising in contract or otherwise in law or equity as a result of rendering of the services or accommodations as described or substituted and including, without restricting the generality of the foregoing as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of services or land accommodations by Management if by reason of military actions, revolution or acts of God, government agencies, or unforeseen circumstances or events, by any agents, owners, employees, subcontractors, servants or services as substituted; Management shall at all times act in good faith and use its best efforts to substitute with accommodations or services of a type as comparable as possible to those contracted. Guest agrees Management will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. Guest agrees some activities in which Guests may engage are obviously dangerous and include, but are not limited to, scuba diving, snorkeling, deep-sea fishing, boating, golfing, swimming, boogie boarding, surfing, hiking, biking and mountain climbing. This list is not all-inclusive but are examples of some of the hazards of vacationing in Hawaii. Guests may also encounter the following risks: slippery floors and stairs, especially when wet, lanais with spaces between rails (dangerous for little children), precipitous drop-offs on ocean floor, unfenced pools, faulty electrical or plumbing systems, gas BBQ grills, clean/clear sliding glass doors, and dangerous stairs or pathways, Therefore, each Guest agrees that he/she is voluntarily participating in any and all activities, risks, and use of the accommodations, and hereby assumes all risk of injury, illness, damage or loss to person and property that might result, including, without limitation, any loss or theft of personal property. By booking this Premises, you acknowledge that in all events and circumstances, Management, its officers and employees shall not be liable, except for its own acts or omissions. Management reserves the right to cancel, rescind or terminate any rental agreement if it is found that the Guests are conducting unlawful activities, not abiding by the Home Owners Association House Rules, disturbing others by playing loud music, percussion, audio or instruments, cause any other loud or offensive noises, have made any misrepresentations about the nature or size of the group or use of the group or the use of the Premises or any other misrepresentations or any other way in breach of the Rental Agreement, each of which shall constitute a material breach of the Rental Agreement. Owners occasionally need to place their units on the market for sale. In such event, Tenant will be provided with 48 hours’ notice to show the unit. Tenant is aware that showings are seven days a week and the home will always be shown with a licensed Real Estate Agent present during reasonable hours.
11. INDEMNIFICATION: To the fullest extent permitted by law, Guest agrees to protect, defend, indemnify, hold and save harmless, Management from and against any and all liabilities, claims of liability, obligations, losses, costs, charges, expenses, causes of action, suits, demands, judgments, and damages of any kind or nature whatsoever arising out of an related to this Rental Agreement, Premises, and rental thereof, except such claims directly resulting from the acts or omissions of Management.
12. SYSTEM(S) FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, electrical, gas, plumbing, mechanical, appliances, Air Conditioning, pool, hot tub or other system or structural systems, Management shall not be liable to Guest for damages, and no refunds will be given for such failures. However, Management will make every effort to promptly repair or replace the failed system or equipment, and in such event, Guest agrees to permit Management or its service provider to have reasonable access to the Premises to inspect and make all necessary repairs.
13. FORCE MAJEURE: Guest agrees that Management’s performance under this Rental Agreement is contingent upon Management’s ability to do so. If Management is unable to perform or deliver due to an act of God, war, labor dispute, act of terrorism, government prohibition, or other cause beyond Management’s control, it shall be excused from any further performance under this Rental Agreement. There shall be no refunds under such circumstances. It is highly recommended that Guest considers travel and/or rental insurance as advised herein.
14. NOTICE OF ABSENCE: Guest must provide Management with prior written notice of any absence of 5 consecutive days or more. Guest shall be liable for any damages that may result from any failure to provide the notice required herein.
15. HOLDOVER, ABANDONED POSSESSIONS AND SERVICE OF NOTICES: If Guest remains in possession of the unit, without Management’s prior written permission, after the term of the Rental Agreement has expired, Guest will be a holdover tenant and shall be liable for twice the agreed upon rental rate on a prorated daily basis for each day you are a holdover tenant.
16. INSURANCE: Guest understand that Management’s insurance does not cover Guest’s personal property, or any damages caused by Guest. Guest agrees that Management is not responsible for any loss or damage during the term of the Rental Agreement. Guest is advised to obtain insurance covering all of Guest’s personal property located in the unit or otherwise bear full responsibility for any damage Guest may suffer, including, but not limited to, damage from fire, water, theft, or any other cause.
17. CHANGES TO A BOOKING: An additional $100.00 administrative fee will be charged by Management for any change to a booking after the 72 hour window free change period has passed. Any changes shall be at Management’s sole discretion.
18. CANCELLATION AND REFUNDS: You may cancel your reservation up to 30 days prior to arrival and we will refund all monies paid to Ola Properties, minus a $250 Cancellation Fee. * To protect against cancellations caused by certain unforeseen events, such as illness, death, natural disasters, etc., we recommend that Guests purchase trip cancellation and interruption protection insurance to assure refund of deposits paid and reimbursement of other vacation payments. Management recommends Guests obtain such protection through Red Sky Travel Insurance.
* We are unable to refund any money we have already paid out to a third party, including but not limited to, credit card processors, trip insurance providers and third-party booking sites such as Vrbo, AirBnB, etc
19. CATASTROPHIC EVENTS & EMERGENCY EVACUATIONS: If a catastrophe (hurricane, tornado, earthquake, flood, etc.) or any situation simply beyond our control impairs the vacation rental, Management is not responsible for finding alternate lodging for the renter or for the renter's financial losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR EMERGENCY EVACUATIONS. Whether you own property, run a business, or rent a condo in Hawaii, the threat of a hurricane, flood, or tsunami is always present, and Guests shall all assume this risk. There will be no refunds of any kind for emergency evacuations. Management recommends Guests obtain such protection through Red Sky Travel Insurance.
20. NO THIRD-PARTY BENEFICIARIES. This Rental Agreement is only between the Guest and Management as applicable, and is not intended to be, nor shall it be construed as being, for the benefit of any third-party.
21. SEVERABILITY. If any term, provision, condition, or covenant of this Rental Agreement or the application thereof to any part or circumstance shall, to any extent, be held invalid, void, or unenforceable for any reason, the remainder of this Rental Agreement shall continue in full force and effect.
22. SURVIVAL CLAUSE. The rights and obligations under this Rental Agreement which by their nature should survive, including, but not limited to, any and all payment obligations, indemnities, agreements and representations, shall remain in effect after termination or expiration of this Rental Agreement.
23. GOVERNING LAW. This Rental Agreement shall be subject to, governed by, construed and enforced pursuant to the laws of the State of Hawaii.
24. CONSTRUCTION. This Rental Agreement shall be construed without regard to the identity of the person(s) who drafted the terms, conditions, provisions, and covenants contained herein. Each and every term, condition, provision, and covenant shall be construed as though each of the parties participated equally in the drafting thereof. As a result of the foregoing, any rule of construction against a drafting party shall not be applicable.
25. COMPLETE AGREEMENT. This Rental Agreement contains the entire agreement between the parties herein and regarding the matters covered herein. This Rental Agreement supersedes all prior and contemporaneous agreements and understandings in connection therewith. This Rental Agreement shall not be altered, amended, modified or otherwise changed in any respect, except in writing duly executed by the parties.
26. DEFAULT. Guest agrees that every term, provision, condition, and covenant of this Rental Agreement is material. A breach of any of these will constitute a material breach giving Management the right to terminate this Rental Agreement, the right to immediate possession of the Premises, the forfeiture of all deposits and the right to all damages including, but not limited to, costs of enforcement and reasonable attorneys’ fees and costs.
27. NO WAIVER. Management’s failure or inaction regarding a violation or default of this Rental Agreement shall not be deemed a waiver of any right or demand and Management may enforce all terms, provisions, conditions, and covenants of this Rental Agreement at Management’s sole discretion.
28. NUMBER. In this Rental Agreement, the singular shall include the plural and the plural shall include the singular as the case may be.
29. CAPTIONS AND HEADINGS. In this Rental Agreement, the captions or headings of sections and paragraphs are inserted for convenience, reference, and identification purposes only, and shall neither control, define, limit nor affect any term, provision, condition or covenant in this Rental Agreement.
30. ENFORCEMENT. In the event of default and any dispute arising therefrom, Management shall be entitled to reasonable attorneys’ fees and costs incurred to enforce this Agreement.
31. COUNTERPART AND ELECTRONIC SIGNATURES. This Rental Agreement may be executed in any number of counterparts. Each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. In making proof of this Rental Agreement, it shall not be necessary to produce or account for the original or more than a single counterpart containing the respective signatures of each of the parties hereto. The parties hereto are entitled to rely upon a facsimile or electronically transmitted signature or counterpart of the other parties to this Rental Agreement.
IN WITNESS WHEREOF, the undersigned hereby apply for the above listed accommodation and warrant that the undersigned have read, understand and agree to the terms and conditions of this application, and the undersigned agree to abide by homeowners/agents/association restrictions on use of said Premises. The undersigned further understand and represent that the undersigned are executing this application on behalf of all parties named on the guest list.
THE CREDIT CARD SUPPLIED AT THE TIME OF RESERVATION WILL BE HELD FOR BACKUP SECURITY PURPOSES ONLY
– INITIAL RENTAL CHARGES WILL NOT BE CHARGED TO THE CARD UNLESS PREVIOUSLY AGREED.-
Per Page 1 of this Agreement, it is hereby agreed that unpaid rent, excessive cleaning, damage, lost keys or lock-outs may be charged to this card if necessary.