TERMS AND CONDITIONS:
The Rental Deposit is due upon receipt. A completed “Vacation Rental Agreement” is required within 24-hours to finalize your reservation. Review and acceptance of the Kona Coast Vacations Terms & Conditions which is made part of this rental agreement is required before the reservation becomes firm.
AGENT: Kona Coast Property Management LLC dba Kona Coast Vacations (Agent)
GUEST (Guest) Agrees As Follows:
Rates are quoted on a per night, per week or per month basis as noted. Unless specified, check-in time is any time after 4:00 p.m., and checkout by 11:00 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 Kona Coast Vacations come fully equipped with television(s), linens, hair dryers, dishes and utensils and an initial supply of soap and paper goods. Other amenities vary per property.
ADDITIONAL CHARGES (NOT included in rate):
Rates do NOT include daily maid service (unless noted), gratuities, out-of-country long-distance phone charges, car rental, food, liquor, laundry, personal items, household supplies, lei greetings, baggage handling, auto rental, excessive cleaning upon departure (i.e. upholstery or rug shampooing, etc.).
RESERVATIONS AND PAYMENTS:
Payment of the applicable Rental Deposit amount (25%) together with a completed Guest Reservation Application must be received and approved by Kona Coast Vacations before a confirmation will be issued. No grace period will apply. Final payment, consisting of the remaining balance, must be received by Kona Coast Vacations at least ninety (90) days prior to guest arrival (or immediately if booked less than ninety (90) days in advance of guest arrival). Failure to make final payments on a timely basis will make reservation subject to automatic cancelation.
Twenty five percent (25%) of the amount due, and the optional traveler’s insurance if chosen, is due at the time of the booking for any reservation. You have up to the time the balance is due to choose the travel insurance. Please call CSA travel insurance if you have any questions. The balance including taxes, and cleaning is due 90 days prior to your arrival date and will be automatically deducted from your credit card at that time. All rates and terms are subject to change. Reservations become firm within 24 hours, and any changes beyond that period require a $50 change fee.
CANCELATION AND REFUNDS:
Cancelation of booking at any time after Confirmation has been issued may result in forfeiture of deposit(s). Cancelation within the 90-day period prior to check-in will result in forfeiture of the entire rental amount. Refund of monies paid for rental and services will be made under the following circumstances: (1) If, on the day that the rental is scheduled to begin, the property is unfit for habitation and no equivalent substitute can be obtained, or access to the property by visitors has been prohibited by authorities; or (2) The property is re-booked for the same time- period and at the same rate of initial booking. If a portion of the rental time is re-booked, a pro-rata refund will be made. All refunds, whether in whole or pro-rata, will be subject to the deduction equal to 15% of deposit(s) paid. To protect against cancelations caused by certain unforeseen events, such as illness, death, natural disasters, etc., we recommend that guests purchase trip cancelation and Interruption Protection insurance to assure refund of deposits paid and reimbursement of other vacation payments. Such insurance is available through travel agents, auto clubs such as AAA, or online at http://www.rentalguardian.com/ or http://www.csatravelprotection.com/.
CHANGES TO A BOOKING:
An additional $50.00 administrative fee will be charged by Kona Coast Vacations for any change to a booking after a Confirmation has been issued. Acceptance of any change is subject to approval by Kona Coast Vacations. Air Conditioning, Bed Configuration, Bath configuration, pools (most pools are not heated in Hawaii), Spas and plunge pools may not be heated, ADA compliant, elevators, etc. are listed in the amenities list. We list the items that are included, if the amenity is not listed- it is not there- please do not assume. Many of our homes do not have AC and if the home has AC please ensure that it meets your requirements (some homes and condos have central AC, some have ductless AC, some have window AC, some have limited AC -for example: lower floors only, bedrooms only, etc). You are booking a privately-owned property, and by reserving this property you are keeping the owner from renting it to another guest. They have committed to you for this entire time, so we cannot move you to another property or provide a refund after 90 days prior to arrival. Please review your confirmation documentation to ensure the dates, insurance choice and charges agree with your rental quote, you have 24 hours to make adjustments before all choices become firm. There is a $50 change fee for changes outside the 24-hour grace period. Please note that your reservation is subject to a cancelation fee, and becomes non-refundable at 90 nights prior to arrival. Your check in time is 4:00 PM HST, and check out time is 11:00 AM. Unfortunately, due to on line booking capabilities and back to back reservations, late check outs are not available. If you have a late flight on departure, please consider booking another night. The change fee is not applicable if you are booking an additional night for late check outs or early check ins.
Payment by Check:
If payment of rent is made by check or E-check that is dishonored by the bank for any reason, the Guest agrees to pay $50.00 for each dishonored check up to the maximum allowed by state law, and subsequent rent payments, at the Kona Coast Vacations’ option, will be in a guaranteed form of payment. If payments are made with credit cards, deposits shall be refunded through the credit card. We accept Debit Cards with the Visa and MasterCard labels and only Visa, MasterCard and Discovery Credit Cards at this time
PEACE OF MIND DAMAGE PROTECTION PLAN:
The Peace of Mind Damage Waiver 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 Guest must report any loss or damage to the unit or its contents immediately to Kona Coast Vacations’ management staff. This limited damage protection is void if not reported promptly. All you have to do is report any damage before you leave, fill out and sign the Damage form provided in the guide book, and we will complete the claim for you. The plan will cover a maximum amount of damage up to $3000. Any damages that exceed $3000 will be charged to the credit card on file. If, during your stay at one of our rental properties, a covered person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Protection Plan will reimburse the covered individual for the cost of repair or replacement of such property up to a maximum amount of $3000. Representatives of Kona Coast Vacations have ultimate administrative authority. Arbitration is required before litigation. The prevailing party in any arbitration of litigation shall be entitled to recovery and/or reimbursement of all fees in connection with it. This is not an insurance program.
Peace of Mind Damage Waiver Protection Plan can be purchased up to, and including at, check-in. Certain terms and conditions apply:
LIMITED DAMAGE PROTECTION -TERMS OF PROTECTION
As a Guest (the person registered and all persons listed as occupying the same rental unit) you are entitled to purchase the Peace of Mind Damage Waiver Protection Plan while staying at a Kona Coast Vacations’ managed property. The Peace of Mind Damage Waiver Protection Plan is subject to the conditions, terms, and the administrative procedures listed below. The maximum amount that the Plan will cover is $3,000 per stay.
The Peace of Mind Protection Plan has certain conditions. The Plan will not include liability for damage or theft resulting from:
1. Theft or damage of any property owned by or brought onto the premises by a Guest.
2. Acts of God
3. Intentional acts of a guest.
4. Gross negligence or willful and wanton conduct.
5. Any cause, if the Guest does not report the damage to Kona Coast Vacations’ staff.
6. Normal wear and tear.
7. Theft without a police report.
8. Damages caused by any pet or other animal brought onto the premises.
9. The Plan applies only to the direct physical loss or damage to covered property. It does not cover loss of use of such property.
TERMS OF PLAN
1. The Plan takes effect at check-in.
2. All coverage shall terminate upon normal check-out time of the property or the departure of the Guest, whichever occurs first.
You may choose a $3,000 Security Deposit in lieu of the Peace of Mind Damage Waiver Protection Plan. The Security Deposit is charged in full to your credit card at the time of booking.
If a security deposit has been provided, these funds may be applied to actual damages caused by GUEST. This is at the sole discretion of the Kona Coast Vacations inspector; the property will be reviewed on day of the Guest’s departure, or the next business day. This may include excess phone or cable charges, excessive cleaning charges, excess services requited, moving furniture, fines imposed and/or costs for enforcing this agreement. Within 14 days following the end of the tenancy the Damage/ Security Deposit will be applied, accounted for or refunded to the Guest. If the Guest has provided a credit card, the Guest hereby authorizes the AGENT to apply these charges to his/her account. Guest shall report any damage noted upon arrival to avoid any Damage/ Security Deposit losses. The refund will be returned to the credit card on file.within 14 nights of departure.
Some properties require an additional security deposit to ensure all Guests adhere to HOA rules or house guidelines. If required, you will be notified at time of your reservation. At the sole discretion of the KCV broker, this security deposit is refundable if all terms of the agreement are met, and will be forfeited if the guidelines or policies are breached or broken.
Upon receipt of full payment, your on-line acknowledgement and/or the return of the signed rental policies and ‘Thanks for Helping’ documents, you will receive a Directions Letter. This will provide you with driving directions from the Keahole (Kona-KOA) International Airport to your property, along with the code to the electronic lock or lock box containing the key, located at the front door of the home or you may be instructed to check in with an on-site office upon arrival. Please follow the directions as GPS coordinates do not usually identify the correct address and does not have access codes. If you do not receive the directions within two weeks of arrival, please contact our office 808-329-2140.
CONDITION OF RENTAL:
The property shall be in the same condition upon departure as at check-in. Normal wear and tear excepted. Owner or its agents may enter the property at reasonable times to make repairs or provide maid service. Guest may cook in areas specifically designated for cooking. Guest must immediately notify Owner or agent of fire or other damage to property. Guest shall be liable for all acts of the family, invitees, employees, or other persons invited onto the property. 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, Property Manager, Condominium Association and/or the Booking Agent as provided to Guest. Guests shall not bring any pets onto the property. Smoking is STRICTLY Prohibited anywhere on or in the property. Guest will rinse feet of sand prior to entering the unit. No parties, luaus, reunions, or gatherings shall be allowed. Additional charges may apply. No catering or outside music permitted. 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 property, when renting a property located adjacent or near to the ocean, on or near lava or on or near to a golf course, including the possibility of drowning or being struck by a golf ball. The ocean is unpredictable, rogue waves, slipping on lava, rip tides, and other inherent risks are always present. Guest acknowledges that the owner would not rent the property unless the Guest accepted this condition.
The premises are to be used exclusively for residential purposes. No retail or other commercial use of premises is permitted. The premises are NOT to be used for meetings, receptions, luaus, reunions, get-togethers or for any type of gathering or party. Overnight accommodations are restricted to the number of Guests agreed upon in advance and stated/listed in this agreement. The Premises shall not be used in such a manner as to generate noise (including loud music) which will disturb neighbors, nor will neighbors be harassed or bothered in any matter. Absolute quiet time for all properties is from 9:00 P.M. until 8 A.M. daily. The guest agrees in advance that if a police visit is required or if there are multiple neighbor excessive noise complaints this will result in a forfeit of the entire rental amount, plus an additional $300 per registered guest, and the guest/guests will leave the property immediately at the request of the property manager. Qualifying complaints are calls from the neighbors, security guard calls, or if a police visit which results from any guest activities. We repeat: There shall not be any “house parties” on the premises, there shall never be more than the number of persons listed as Guests or the number listed as maximum occupancy on the Premises at any time. Nor shall Registered Guest’s Guests ever be alone on the Premises. Guest agrees to maintain the premises in the same conditions as when received and will not allow any waste, misuse or neglect. Should any waste, misuse or neglect occur on the leased premises, it will be the sole responsibility of the Guest. Regular pool cleaning, maintenance, pest control and landscaping may occur during your stay and must not be prevented by occupants. These service people keep the property operating for your enjoyment so please do not interrupt the service. If the service people are hindered in any way, the cost of the additional service will be billed to the guest.
GATED COMMUNITY ACCESS:
Some properties are located inside guarded gated communities. Kona Coast Vacations does not have control over these guards or gates and we make every effort to make your arrival and entry stress-free. We will need to supply names of all registered guests prior to your arrival and this cannot exceed the occupancy. Any visitors or guests you wish to have visit during the day will also need to be listed prior to arrival to gain temporary access. If you have reserved one of these properties in either Kona Bay Estates or Keauhou Estates we will be requesting this information in advance. Please respect the guards at all entry points.
FURNISHINGS WEAR AND TEAR, TRASH, NEEDED REPAIRS:
Guest agrees not to move or alter any of the furnishings and shall use them only for the purpose intended. Guest shall respect and protect all furnishing and décor and understands that some of the furnishings are unique and valuable. Guest shall be solely responsible for replacement value for any damage or destruction to furnishings on the leased Premises. The premises shall be kept in as clean, healthy and safe as conditions of the Premises permit, and causing no unsafe or unsanitary conditions. No junk, recycling or garbage will be allowed to accumulate on or near the premises, as this may attract pests. It is the guest’s responsibility to take trash to the bins supplied, or in the case of private homes to ensure the trash is set out on the specified pick up days. Care should be taken not to damage the furniture with wet or soiled clothing or swimsuits or with suntan lotion or sun block. Sun block will stain leather and cloth items. Beach towels provided shall be placed on all cushions to prevent soiling from suntan lotions/blocks/oils.
CLEANLINESS AND CLEANING DEPOSIT: Please let us know as soon as possible if there are any cleaning issues or if any repairs are necessary. We understand accidents happen and the Peace of Mind protection plan will cover accidental damage up to $3000 if this damage is reported to our office. Please let us know if something happens and we will address as soon as possible. The Guest will pay cleaning fees in advance as a non-refundable cleaning deposit, prior to commencement of occupancy of premises. The guest may contract directly with the cleaning company for additional services such as daily maid services, additional cleanings, etc. Please contact KCV for cleaning company contact information. Please be advised of our departure guidelines, (see ‘Thanks for Helping” attached). Please note that if at the sole discretion of the cleaning company and/or agent, if the property is left in disrepair, any required additional cleaning, additional laundry, furniture moving, stain removal will be billed at the current hourly rate to your credit card or account.
KEYS, REMOTES, GATE REMOTES:
Keys to the premises are the exclusive property of the Kona Coast Vacations. There will be a minimum charge of $50.00 for replacement of each lost key, 150.00 for lost gate fobs or remotes and a $75.00 -200.00 charge for lost garage remote controls.
Please do not send packages, mail or important documents to your vacation rental address. The delivery services are not reliable (this includes US Postal, UPS, Fed Ex, etc – guaranteed overnight delivery is usually 5 days). We do not have keys for private owner’s mail boxes, so if delivered to a postal box or shared box system we will not have the ability to open the box. If you are sending packages you may have them delivered to our office, please address the package with the registered guests’ name, Reservation Number and arrival date C/O Kona Coast Vacations. We are open seven days a week. If you are forwarding mail ( do not forward to the property address or to Kona Coast Vacations) please arrange for it to be held at the local Kailua Kona post office.
All children shall be supervised at all times. Severe injury or death could result from failure to properly supervise the children. Children must be supervised around water features, including ponds, spas, pools, beaches and ocean access points. Additionally, children are not to play in the landscaping, the fish ponds, lava walls, or lava covered areas or with any of the furnishings. The home is NOT CHILD PROOF and requires children to be constantly supervised. GUEST alone is responsible for child safety.
PERSONAL SAFETY: Please visit this website for up to date shoreline information. http://www.hawaiicounty.gov/pl-shoreline-access-big-island. According to the State of Hawaii, Coastal areas along the island of Hawai`i are subject to seasonal high surf. During periods of high surf, strong currents may run along the shoreline. These currents may create hazardous conditions, making the ocean unsafe for swimming. For a number of the access ways listed in this guide, access to the ocean is over rocks and other hazardous terrain. Wave activity can make getting in and out of the water difficult due to dangerous shorebreaks and slippery rocks, therefore please proceed with caution.
Smoking is strictly prohibited within the house, lanais or on the property. Please remember KCV inspects each property on your departure. If any smoking or indication of smoking such as butts, burns, smells, etc in the property are detected the guest agrees in advance to pay a $1,000 surcharge, along with the cost of cleaning and/or shampooing of all floors, carpets, furnishings, linens, and any other item deemed necessary to rid the home of the smoke and smoke smells. If anyone including inspectors, neighbors or resident managers’ report that smoking is occurring on the property, then it is considered a breech in the terms and you and the entire party will be evicted immediately. Many complexes have designated smoking areas that are marked, or smoking is allowed on the streets in front of the homes.
No pets, dogs, cats, birds, or other animals are allowed on or about the premises, except guide, service or signal animals as defined by the ADA and pursuant to state law. As with any guest, if additional cleaning is required over and above the normal cleaning requirements, the additional costs will be paid by the guest. Kona Coast Vacations must be advised in advance of commencement of the reservation of any service animal that will be on the premises, and appropriate documentation from a doctor is required. Policies vary at each property and are available upon request.
All the utilities and services for the premises are included in the rental amount except for any services such as an electrical surcharge that are specifically mentioned as additional in the long description or amenities lists. For example: AC available at an additional cost.
GARAGE, PARKING, AND OWNERS’ CLOSETS:
The garage, some storage areas and/or closets may not be accessible to the Guest. Most properties have one parking space available, some private homes have additional parking but at no time shall there be more than two vehicles parked at any one residence.
Guest’s personal property and vehicles are not insured by Kona Coast Vacations. Kona Coast Vacations is not responsible for any loss or theft both inside and outside the unit. Guest agrees that Agent or Owner shall not be liable for travel disruptions, Guest’s personal property or illness or injury. Guest is strongly encouraged to purchase a Vacation Insurance Policy. To protect against cancelations caused by certain unforeseen events, such as illness, death, natural disasters, etc., we recommend that guests purchase trip cancelation and Interruption Protection insurance to assure refund of deposits paid and reimbursement of other vacation payments. Such insurance is available through travel agents, auto clubs such as AAA, or online at http://www.csatravelprotection.com.
The Guest will at the Guest’s expense and at all times, maintain the premises, furnishings and appliances in clean and good condition and will surrender the same upon termination of this Agreement in as good a condition as when received. The Guest understands that the Guest will be responsible for repair of all damage not covered under the scope of the CSA security deposit protection plan. Any items missing from the unit will be charged to the Guests’ credit card at the replacement cost of such item.
GUESTS OR PESTS:
This property is located in the tropics which provides great weather, outdoor living and lots of open spaces, sliding doors, and small open entry points. A lot of visitors enjoy the varied wildlife in Hawaii. Every effort is made to control our natural guests or what some people refer to as pests such as geckos, insects including roaches and ants, mice, rats, mongoose, goats, boar, chickens (roosters), turkeys, francolins and other creatures that might show up unannounced, make noise and be in or around the homes. Some of these animals are protected and out of the control of the home owners or Kona Coast Vacations. Kona Coast Vacations and the property owners engage pest control companies to control potential issues. Part of the control is the guest’s responsibility by ensuring garbage and recycling is removed promptly, doors are not left open and unattended especially at night, and by checking for (hitch hikers) pests on their person when entering the home. The Guest accepts these pests are part of the experience and there are not refunds or cancelations provided based on pest issues.
SITE CONDITIONS AND NOISE:
Kona Coast Vacations and the owner’s shall not be liable for events beyond their control which may interfere with Guest’s occupancy, such as Acts of God, acts of governmental agencies, fire, strikes, war, inclement weather, pests, insects, neighborhood playgrounds and pools and construction noise from nearby sites. Kona Coast Vacations manages the individual property but does not control the home owner’s association, complex management, complex maintenance or the neighbors, and/or neighborhood. There are issues related to complex maintenance, pool maintenance, unscheduled water shut offs, electric outages, etc. as well as areas near sports grounds, schools, loud neighbors or community events that are not under Kona Coast control. Neighbors do not provide notice to our owners and or Kona Coast Vacations about their future actions and may or may not decide to construct, renovate or utilize their property. If these people are legally entitled to do so, KCV cannot confront them. There is an option for anyone witnessing an event against the law to report these acts to authorities. There will be no compensation for those circumstances or issues beyond our control.
UNFORESEEN CIRCUMSTANCES, UNAVAILABILITY OR PREMISES, DUPLICATE BOOKINGS, OTHER:
Guest understands that in the event the vacation accommodation is sold by the owner or there are UNFORESEEN CIRCUMSTANCES that (ie: natural disasters, scheduled or unscheduled construction, flood, damage to the unit caused by construction failures, plumbing, electrical, pests, mold, double booking, etc), Kona Coast Vacations (“Agent”), acting as a booking intermediary between you and the property owner will use its best efforts to provide a substitute vacation accommodation of equal value of the original agreement. If Kona Coast Vacations (“Agent”) is unable to find such accommodations, then at the option of the agent or Guest’s option this Agreement shall be canceled and terminated. Kona Coast Vacations shall refund to Guest all payments made by Guest under this Agreement, and Kona Coast Vacations (“Agent”) and Guest shall thereafter not have any liabilities or obligations to the other arising out of the unavailability of the rental property and/or Guest’s travel arrangements. It is hereby agreed that these are the only two alternatives (substitute or refund) and the sole remedy for any and all damages, liability or inconvenience arising out of owner’s failure to make Premises available.
FAILURE OF A SYSTEM, AMENITY OR APPLIANCE:
In the event the premises sustains a failure of a system, amenity or appliance – including but not limited to water, sewer, electrical, internet, TVS, Cable service, refrigeration, mechanical, or structure systems: pool, waterfall, whirlpool, hot tub (spa) electronic or entertainment equipment or service- neither the Agent, owner, their employees, agents or contractors, or property manager shall be liable to Guest in damages and no refunds will be given for such failures. However, the Agent, upon being notified of any malfunction will make a reasonable effort to promptly repair or replace the failed system or advertised equipment. The salt air from the ocean inflicts tremendous strain on systems, equipment and appliances. This coupled with the difficulty of getting parts to this remote island can be time consuming and frustrating. Guest understands and accepts the facts that this property is leased for its tropical appeal and not its modern conveniences, and therefore some systems, amenities and appliances may not be fully functional at all times and it may be unreasonably difficult or impossible to get a malfunctioning system, amenity or appliance operating within the rental/lease period.
RIGHT OF ENTRY AND INSPECTIONS:
Kona Coast Vacations will have the right to enter the premises pursuant to state law; (1) In case of emergency, without prior notice. (2) To make necessary repairs, alterations, improvements, supply necessary or agreed services, exhibit the premises to prospective or actual purchasers, mortgagees, Guests, workmen, insurance agents, or contractors. GUEST acknowledges that routine care taking and grounds maintenance will occur periodically during the lease period.
The Guest will not violate any City, State, Association or Federal Law in or about the premises, and the Guest agrees to comply. No hazardous materials will be stored on premises. There will be no disturbing the peace or acts creating a nuisance or loud or unusual noises or intoxication in or about the premises at any time. Smoking of any kind is not permitted on the premises.
TERMINATION OF TENANCY:
Upon termination, the Guest will: (1) completely vacate the premises, including lanais, yards and any parking or storage areas used by the Guest; (2) leave keys in unit or return them to the on-site office, (3) leave remote controls and garage door openers in the unit, (4) leave all furnishings in the same condition as received. Kona Coast Vacations reserves the right to immediately terminate the tenancy if the Guest violates any part of this agreement.
SURRENDER OF PREMISES:
Guest covenants and promises to surrender the premises in as good and the same condition as the commencement of the rental period, reasonable wear and tear excepted; and to reimburse Agent the amount, including reasonable attorney’s fees, for all other damages. Soiling and/or discoloration of the seat cushions, furniture or flooring is NOT considered reasonable wear and tear and will be billed as additional cleaning or damage.
GUEST’S PERSONAL PROPERTY:
Guest’s personal property and effects are the Guest’s sole responsibility throughout the tenancy. The AGENT’S insurance will not cover Guest’s personal property and Guest agrees to carry his/her own insurance on such property and personal effects. CSA travel insurance is available. All personal property of the Guest on said premises shall remain his sole responsibility and risk, and the owner and agent shall not be liable for any damages to, or loss of such personal property arising from any acts of negligence of any other person, theft, loss, from the leaking of the roof, or from bursting, leaking, or overflowing of water, sewer, or from plumbing fixtures, or from the handling of electrical wires or fixtures, or from any cause whatsoever, nor shall the AGENT be liable for any injury to the GUEST or other person in or about the premises, the GUEST expressly agreeing to save the owner and agent harmless in all such causes and events.
ABANDONED PERSONAL PROPERTY:
When the Guest vacates or abandons the property any personal property left behind on the premises shall be deemed abandoned by the Guest and AGENT shall not be held responsible. During Guest’s occupancy, Guest is solely responsible for the security of all the Guest’s personal property and the Agent shall not in any way be liable for loss, theft or damage of the same. Additionally, Guest shall however, be responsible for AGENTS personal property under the Guest control by virtue of this rental agreement/ lease.
If you leave something behind, we will make every effort to locate it and return it to you C.O.D. Items unclaimed after thirty days will be donated to charity.
This agreement/lease may not be assigned by Guest to a third party.
LIMITATION OF LIABILITY:
Under no circumstances shall Kona Coast Vacations 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 Kona Coast Vacations or 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; Kona Coast Vacations, at all times will 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. Kona Coast Vacations will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. Some activities in which guests engage are especially dangerous and include scuba diving, snorkeling, deep-sea fishing, boating, golfing, swimming, boogie boarding, surfing, hiking, biking and mountain climbing. This list is not all-inclusive, but indicates 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 property, you acknowledge that in all events and circumstances, Kona Coast Vacations, its officers and employees shall not be liable. Kona Coast Vacations reserves the right to cancel or rescind 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, or cause any 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 property or any other misrepresentations or any other way in breach of the rental agreement.
NOTICE OF ABSENCE:
You must tell us in advance if you will be absent from the property for 2 (two) days or more. If you do not give us this notice, you will have to pay for any damage that may result from your absence.
HOLDOVER, ABANDONED POSSESSIONS AND SERVICE OF NOTICES:
If you stay in the unit, without written permission, after the Rental Agreement has ended, you will be a holdover tenant and may be liable for twice rent under the Rental Agreement on a prorated daily basis for each day you are a holdover tenant. If you leave any personal property, it will be considered abandoned property. Please contact us as soon as possible and we will try to locate the items. After 20 days, we may donate any items to a charitable organization. If we have to give any notice to you, we can serve it to any occupant. By serving one of you, we have given notice to all of you. If we cannot deliver a notice to you, we may post the notice in a conspicuous place in or on the unit.
You understand that our insurance does not cover your belongings or damage that you cause. You agree that we are not responsible for any loss or damage during the term of the rental agreement. You agree to carry insurance covering all of your personal property located in the unit or bear full responsibility for its damage including damage from fire, water, theft, or any cause.
If Guest (i) holds over in possession after the Guest’s tenancy has expired; (ii) commits a material breach of any provision if this agreement (including any addendum hereto) that according to its terms would result in the termination of Guest’s tenancy; (iii) fails to pay rents as required by this agreement; or (iv) has obtained possession of the Premises by fraud or misrepresentation, the Guest agrees to an expedited eviction as the law allows.
Guest covenants and promises that no laws, statutes or ordinances of a jurisdictional government agency will be violated on the premises nor the Premises used for any such purpose.
ENFORCEMENT OF AGREEMENT:
That should Agent incur any expenses in enforcing the terms of this Lease, Guest shall promptly reimburse Agent 100% for such expenses.
This agreement shall be governed by and interpreted in accordance with the laws of the State of Hawaii and County of Hawaii. Any action relating to this agreement shall only be instituted and prosecuted in courts in Hawaii. Guest specifically consents to such jurisdiction and to extraterritorial service of process.
DEFAULT BY GUEST:
Guest agrees that every condition, covenant and provision of this agreement is material. A breach of any of these will constitute a material breach giving the Agent the right to terminate this agreement, the right to immediate possession of the premises, and the right to all damages including but not limited to costs of enforcement and reasonable attorney’s fees.
This document including any attachments incorporated by reference herein constitute the entire and sole agreement between the Agent and Guest respecting the leased Premises, the leasing of the Premises to Guest, and the lease term created under this lease, and correctly set forth the obligations of Agent and Guest to each other as of its date. Any agreements or representations respecting the leased premises or their leasing by the Agent to Guest not expressly set forth in this agreement are null and void.
The parties hereto further agree that any changes to this agreement are to be agreed to in writing to be enforceable or otherwise are null and void.
Fax: Copies and signatures by facsimile are considered valid. The parties shall retain the originals for verification.
Wherever “AGENT” is used it is intended to mean, Owner. The use of the word GUEST shall include both singular and plural.
Guests are NOT to store bicycles, scuba and diving gear, inflatable rafts, or water toys inside the units. These items can be stored on the Lanai or in one’s car. Please read and understand any complex or HOA guidelines which usually include that towels and other gear are not to be draped over the railings or visible from any other properties.
INDEMNIFICATION AND HOLD HARMLESS:
Guest agrees to indemnify and hold harmless Owner and Agent and their representatives from and against any liability for personal injury or property damage sustained by any person (including Guest’s Guests) as a result of any cause, unless caused by the gross negligence or intentional willful act of the Owner/ Agent. Guest is aware that they have the option to purchase CSA travel insurance from KCV or the option to purchase travel insurance from other sources if they so desire. Kona Coast Vacations will not be liable for any damages or injury to the Guest, or any other person, or to any property, occurring on the premises or any part, or in common areas. The Guest agrees to hold Kona Coast Vacations harmless from any claims for damages, regardless of how caused. The subject property may have located thereon a swimming pool, hot tub spa or have ocean front access. A swimming pool and spa is inherently dangerous, especially to young children and the infirm. The following are prohibited; diving & scuba gear, running in pool area; glass containers in pool area; any minors in or around pool or on the lava beds or the ocean without adult supervision. In consideration of the owner’s agreement to rent the subject property to the Guest, Guest agrees to strictly abide by the Pool and Spa Rules, use a standard of caution around the ocean and does further agree to indemnify, defend and hold harmless the owner and Kona Coast Vacations from and against all claims, liability or loss that Guest may sustain from the use or operation of the swimming pool, spa and the ocean by Guest and/or Guest’s invitees. Guests understand that the natural world can be dangerous, rocks are slippery and the ocean is dangerously unpredictable. Enter at your own risk.
This Agreement will be governed by the laws of the State of Hawaii, applicable to Agreements made and fully performed in Hawaii, by Hawaii residents. Any action relating to this agreement shall only be instituted and prosecuted in courts in Hawaii. Guest specifically consents to such jurisdiction and to extraterritorial service of process.
The parties acknowledge that this Agreement expresses their entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth in this Agreement.
In the event that either party is required to retain the services of any attorney to enforce or otherwise litigate or defend any matter or claim arising out of or in connection with this Agreement, then the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded or granted, its reasonable costs and expenses (including attorneys’ fees) incurred in the proceeding.
Compliance with Law: Both parties agree to comply with all applicable federal, state, and local laws and regulations in performing their duties.
In the event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remainder will remain valid and enforceable according to its terms.
All notices, demands or consents required or permitted under this Agreement will be in writing and will be delivered in person or by facsimile, mailed or emailed prior to stay. The service of any notice on one Guest will be deemed a service of all occupants with the premises.
CATASTROPHIC EVENTS & EMERGENCY EVACUATIONS:
If a catastrophe (hurricane, tornado, earthquake, flood, etc.) or any situation simply beyond our control impairs the vacation rental, Kona Coast Vacations 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 during certain months of the year, and we all assume this risk. Therefore, we suggest you consider Travel Protection Insurance to secure your vacation investment and eliminate your financial risk. There will be no refunds of any kind for evacuations. Such insurance is available through travel agents, auto clubs such as AAA, or online at http://www.rentalguardian.com/ or http://www.csatravelprotection.com/