Terms and ConditionsProviding billing information/payment constitutes acceptance and signature of this legally binding contract and expressly authorizes payment via the following credit card according to the payment terms stated in this agreement. Doing so warrants that I have read, understand and agree to all of the terms set forth below. I further understand and represent that I have explained this Agreement to all individuals in my group.
Quiet hours are from 8pm until 8am. That is 12 hours each day to make noise, but this is not a good fit for the party animal who will disturb the neighbors after 8pm.
TERMS AND CONDITIONS OF RENTAL
Please note that all online bookings are subject to review/approval and may be canceled and deposits refunded within 48 hours should your reservation not be accepted. In addition, all properties are subject to availability, which may change at any time, and all rates quoted are also subject to change at any time.
Rental agreements must be agreed to and your required payment (either the deposit or full payment) received for your reservation to be confirmed. It is recommended that you approve the contract and make your required deposit payment to avoid cancellation. Once we are in receipt of your full rental fee, as applicable, a confirmation email will be issued to you.
If your required payment is a deposit, the balance of your full payment as posted prior to the commencement date of your rental period. By authorizing payment via credit card you are authorizing the owner to charge your credit card the balance of the total charges 30 days prior to the commencement date of your rental period. If you book your rental less then 30 days in advance of your stay, we will charge your full payment immediately by credit card or you must otherwise arrange for payment immediately or your reservation will not be accepted. If a balance payment is to be made, a confirmation notice will be sent to you via email to confirm receipt of payment.
FAILURE TO MAKE FINAL PAYMENT ON A TIMELY BASIS WILL RESULT IN THE AUTOMATIC CANCELLATION OF YOUR RESERVATION AND LOSS OF ANY DEPOSIT PAID PURSUANT TO THE OWNER’S CANCELLATION AND NO REFUND POLICY
The purchase of travel insurance that is offered is strongly recommended . You are a valued guest and we want to do everything possible to make your trip enjoyable and worry free. Travel insurance really helps if things go sideways!
This Security Deposit Protection plan covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of [Policy Limit]. Any damages that exceed [Policy Limit] will be charged to the credit card on file. If, during your stay at one of our Rental Properties, an Insured Person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of [Policy Limit]. Certain terms and conditions apply. Full details of the Security Deposit Protection coverage are contained in the Certificate of Insurance or Insurance Policy. The Security Deposit Protection can be purchased up to, and including at, check-in. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Hang Zen Properties any amount payable under the terms and conditions of the Security Deposit Protection. Please contact them directly if you do not wish to participate in this plan or assignment.
CANCELLATION AND NO REFUND POLICY
CANCELLATION after confirmation of booking, which includes a Guest`s decision not to stay at a unit upon arrival, results in forfeiture of any and all collected money, except the Guest`s security deposit and cleaning fee (if applicable) if full payment has been made. The security deposit and pre-paid cleaning fee are not part of the deposit to hold the property. The security deposit and pre-paid cleaning fee (if applicable) are included in the balance payment, therefore, the total deposit will be forfeited if you cancel after confirmation of booking. Collected money is non-refundable unless the rental unit becomes unfit for habitation and no equivalent substitute can be obtained. However, after cancellation for any reason, if a portion of the rental time is re-booked at the same rate, a pro-rata refund will be made for those dates re-booked. All refunds of rental services payments, whether complete or pro-rata, will be subject, at owner`s discretion, to a deduction equal to as much as 15% of deposit(s) paid. To protect against cancellations caused by certain unforeseen events, such as illness, we recommend that guests purchase travel insurance to assure refund of deposits paid.
Any CHANGES made to a booking after a confirmation has been issued may be assessed a $150.00 service fee. Acceptance of any change is subject to approval by the rental owner.
GENERAL TERMS, CONDITIONS AND DISCLOSURES
A SECURITY DEPOSIT is required for some properties to cover damage to and/or loss of items from the property, long distance telephone calls not billed to credit cards or a third party, and /or excessive cleaning (as determined by housekeeping upon your departure). You hereby authorize the owner to apply such Security Deposit to pay for such items or by written bill for any such items beyond the security deposit outlined in this agreement, such as long distance phone calls, unpaid expenses for services rendered to guest, damaged or missing property, etc. Any private phones in a rental unit are for your convenience. Please charge all long distance calls to a credit card or third party. If there are no damages or losses, your security deposit then becomes a telephone deposit and will be returned when the telephone bills have been received and reviewed by the owner. Therefore, deposits may be held for 60 days after your departure.
TOTAL RENTAL CHARGES under this Agreement do not include lei greeting, baggage handling, daily maid service (unless noted), gratuities, long distance telephone charges, car rental, airfare, food, liquor, laundry, personal items, excessive cleaning upon departure (i.e. upholstery or rug shampooing, etc.).
ALL RATES are quoted on a per night basis for no more guests than the maximum occupancy listed. Additional guests must be disclosed to the owner and agreed to IN WRITING by the owner. Verbal confirmation by the owner will not be given for additional guests.
CHECK IN is after 3:00 PM local time. CHECK OUT is required by 11:00 AM on the day of departure. Exceptions to these CHECK-IN and CHECK-OUT times must be approved in writing by the owner. In the event of holdover by Guest beyond the departure date set forth in this Agreement, Guest shall pay an amount equal to three (3) times the daily rate for each and every day of such holdover. LATE CHECKOUTS OF LESS THAN ONE DAY WILL BE CHARGED THE EQUIVALENT OF ONE FULL DAYS RENT.
Guest understands that the owner of this rental retains the right to sell their property at any time. In the event the vacation accommodation is sold by the owner, the owner will use its best efforts to provide a substitute vacation accommodation to the Guest of equal or greater value, up to 100% of the value of the original agreement. If the owner is unable to find such accommodations, then at the owner or Guest`s option this Agreement shall be canceled and terminated and the owner shall refund to Guest all payments made by Guest under this Agreement, and the owner 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 to Hawaii.
Guest acknowledges that the property owner and/or their agent retain the right to enter the property for any reason, including the showing a prospective buyer the property, by giving Guest at least 24 hours notice of such showing.
Guest agrees and acknowledges that this rental arrangement is not subject to the residential landlord/tenant code of Hawaii (Hawaii Revised Statutes chapter 521) since this is not a long term residential rental.
If any claim, controversy, or dispute arises out of or relates to this Rental Agreement or the breach thereof, and if the dispute cannot be settled through direct negotiation between the parties, the parties shall settle their dispute through the mediation/arbitration and shall not exceed more than four hours unless otherwise agreed to by both parties. In an effort to economize, the parties agree that the same individual agreed upon as a mediator shall, if the parties are unable to reach agreement under mediation, act as an arbitrator in order to settle any outstanding issues between the parties. The mediator-arbitrator shall schedule mediation-arbitration sessions and designate the locations of such sessions. The mediator-arbitrator shall determine when it is appropriate to move an issue or issues from the mediation step to arbitration. The mediator/arbitrator shall do everything reasonably possible to abbreviate the mediation and/or arbitration process (i.e., limit overall time, limit presentation time, and provide an immediate decision without written explanation). All issues settled at the mediation step and decisions resulting from arbitration shall together become a final and binding decision on the parties, and may be entered in accordance with applicable law in any court having jurisdiction thereof. The costs of any mediation and/or arbitration shall be paid equally by the parties. Client understands that she/he has the right to consult with an independent lawyer regarding the effect of this provision, which may include a knowing waiver of a right to a jury trial.
Affect of Cancellation. If this contract is canceled for any reason, Guest no longer reserves the right to stay at the booked accommodation. However, this contract remains a legally binding contract and Guest agrees the CANCELLATION AND NO REFUND POLICY and applicable sections of the GENERAL TERMS, CONDITIONS AND DISCLOSURES and CONDITIONS OF RENTAL, and the ADDITIONAL DISCLOSURES section remain in full force and affect.
Severability. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement.
CONDITIONS OF RENTALThis reservation is for quiet residential vacation accommodations only. Therefore, parties, receptions, luaus, events, and gatherings of any kind are strictly prohibited. No additional people beyond the maximum occupancy of the house are allowed on the property at any one time, unless disclosed to and agreed upon by the owner in writing.
Your rental period is for 2 months from 1st of the month your check in date is in and ending the last day of the following month. You have the right to occupy, use or otherwise be on the property ONLY during the dates specified in your approved guest confirmation statement. We reserve the right to add, combine and remove other guests from your 2 month rental term at our full discretion without your consent or notification. Please note that your usage dates as shown on you confirmation statement will not be changed or modified by the inclusion or exclusion of others with whom you share your 2 month rental period. If asked how long your rental contract is for the accurate response is a 2 month contract.
· Guest`s reservation is accepted for one family or group of individuals for this accommodation only and, unless disclosed to and agreed upon by the owner will not be used in combination with other accommodations.
· No more than four vehicles may be parked on the property at any one time.
· Quiet hours are from 8pm until 8am. Guest`s use of the property is subject to local noise ordinances, therefore loud amplified music is not allowed. Noise complaints are subject to local law enforcement intervention. Law enforcement intervention will be deemed by the owner as a breach of this Agreement and may lead to cancellation.
· The property shall be in the same condition upon departure as at check-in, normal wear and tear excepted.
· Guest may not sublet or assign this Agreement.
· Guest may cook only in areas specifically designated for cooking in the unit.
· Guest must immediately notify the owner of any fire or other damage or injury to the property or any person on the Property.
· Guest shall be liable for all acts of the family, invitees, employees, or other persons invited onto the property by guest.
· 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 and/or the Condominium Association as provided to Guest upon check-in.
· Guest shall not bring any pets onto the property.
· Guest understands that the owner cannot guarantee that adjacent properties will be free from construction or other disturbances. The owner will inform Guest if he should learn of such construction or other work or plans for same that is scheduled for the dates on which Guest had reserved the Property. Any inconvenience caused by construction must be communicated to the owner during Guest`s stay and upon such notice the owner, at is sole discretion, will determine if and in what amount any compensation would be due to Guest.
· Guest understands that Hawaii is a tropical climate in which insects, rodents and lizards unfortunately flourish. You will undoubtedly encounter these pests during your stay and understand that the owner will make our best effort to hold to an absolute minimum your interaction with these pests. Contact with a pest inside or outside of your rental is not reason for termination of this Agreement nor is it a reason for a refund of your monies.
· It is customary to remove ones` shoes prior to entering a home in Hawaii. Red Dirt is common in Hawaii and may stain carpets if Guest do not remove their shoes prior to entering a rental. Guest is responsible for the removal of any stains or damage done to carpets and upholstery.
· Guest shall not permit any use of a pool or Jacuzzi by unsupervised children or other guests, and shall keep pool gates closed at all times. Guest and other invitees shall use the pool and Jacuzzi at their own risk.
· Guest understands that there are certain risks inherent to persons and property located adjacent to the ocean or to a golf course. Guest acknowledges that the Owner would not rent this property unless the Guest accepted these conditions and assume these risks.
**** AS A REMEDY FOR VIOLATION OF ANY OF THE STATED CONDITIONS OF RENTAL IN THIS AGREEMENT, THE OWNER HAS THE RIGHT, BUT IS NOT LIMITED OR REQUIRED TO, TERMINATE THIS AGREEMENT AND EVICT THE GUEST FROM THE PROPERTY WITHOUT ANY REFUND OF COLLECTED MONEY AND MAY KEEP ALL OR ANY PORTION OF THE SECURITY DEPOSIT
All properties are non-smoking.Occupancy may not exceed what is posted for each home. Maximum occupancy includes infants and children.