RENTAL AGREEMENT:
1. Owner
agrees to rent to the Renter(s) the premises “Hale Mar”, Keaau, Hawaii
from 3:00 pm on Arrival Date to 10:00 am on Departure Date unless
early/late checkin/checkout have been separately agreed to in writing.
This Agreement will be considered valid and enforceable when signed
or electronically submitted and confirmed by both parties.
2. Renter
agrees to pay Owner the sum of (a) Rent based on number of days and
rate to be agreed upon, (b) Housekeeping fee of $150 per stay, and (c)
Security Deposit of $500 per stay, plus Occupancy Tax on Rent and
Housekeeping as required by the State of Hawaii. The full amount
is due within 48 hours of the Reservation Request, unless otherwise
agreed in writing. If damage caused by the Renter(s) exceeds the
amount on Deposit, Renter(s) agree to pay for such damages immediately
upon receipt of the damage notification.
3. Pets
will be allowed only with express consent of Owner and an additional
security/damage deposit of $250 will be required. If pets are
permitted, they are to be under Renter’s control at all times and not
allowed to disturb neighbors or wildlife. Renter must clean up
after pet and not leave messes in yard or on oceanfront. Pets
must not be left unattended in home without being kenneled.
4. The
premises shall be used for residential purposes only and Renter(s)
shall peacefully and quietly occupy the same and shall not interfere
with the rights of neighbors. Renter(s) shall permit no
activities on the premises, which are contrary to any law, ordinance
and/or any applicable health and or fire department or insurance
policy provisions. The Renter(s) shall not park or drive
vehicles on the lawn, or in an area that will obstruct any adjoining
drive.
5. The
Renter(s) shall not smoke or permit guests to smoke inside the home.
6. No more
than 7 individuals, including children, may reside (stay overnight) in
the premises unless approved in advance, in writing, by Owner.
7. Renter(s)
agree to report PROMPTLY to Owner or Owner’s Agent any mechanical,
electrical, plumbing or other problem with premises; damages resulting
from delayed reporting will be charged to Renter’s security deposit as
the result of negligence.
8. Renter(s)
agree that their failure to comply with items 3 (pets), 4
(deportment), 5 (smoking), 6 (occupancy) and/or 7 (negligence) above
will be considered grounds for immediate eviction without refund, and
that upon Owner’s verbal or written request, they will vacate the
property within 2 hours, or bear all costs of forcible eviction if
required.
9. The
Renter(s) shall leave said premises in a reasonably clean and sanitary
condition upon departure. Normal housekeeping cost is
covered by the Housekeeping fee and will not be deducted from the
Security Deposit. The Security Deposit will be returned by check
within 14 days of Departure, less the following charges as applicable:
a. Unusual damage, dirtying or compromising the use of the premises
(such as, but not limited to, defacement of walls or furniture,
partial or total destruction of walls, landscaping, fixtures or
furniture, breakage of furniture, fixtures or accoutrements, flooding
or fire due to negligence or willful misconduct, plumbing blockage
resulting from misuse of facilities, distribution of refuse, including
cigarette butts, broken glass, animal feces, or any other organic or
inorganic trash, outside of proper trash receptacles, rearrangement of
furnishings weighing more than 40 pounds, introduction of foreign
matter into pool/hot tub, and anything else requiring cleaning,
replacement or repair in excess of normal weekly housekeeping,) at
estimated cost of cleaning, repair and replacement plus 25%;
b. Theft or loss of household goods including linens, appliances,
utensils, furnishings, artwork and electronics, at estimated cost of
replacement plus 25%;
c. $10 per lost key; $50 per lost garage door opener; $25 per lost
padlock;
d. Renter(s) acknowledge that use of the premises for parties does not
qualify as an anticipated residential use, and must be approved in
advance with Owner; and that such use, whether or not approved, is
likely to result in the incurrence of substantial additional
housekeeping fees which will be deducted from the Security Deposit
and/or separately assessed.
10.
Renter(s) agree that Owner and Owner’s agents are not responsible for
injury to Renter(s), their family or guests, or to damage to their
personal property incurred during their stay. Renters, their
family and guests bear the risk of any injury to themselves. Renters
understand that this home is not "child-proof" nor certified for use
by handicapped persons.
11.
Cancellation policy: Prepaid Rent, Housekeeping fee and Security
Deposit will be returned to Renter as follows:
a. 90% of Rental and 100% of Housekeeping fee and Security Deposit if cancelled in writing 31-60 days before Arrival Date;
b. 50% of Rental and 100% of Housekeeping fee and Security Deposit if
cancelled in writing 31-60 days before Arrival Date;
c. 100% of Housekeeping fee and Security Deposit if cancelled in
writing 0-30 days before Arrival Date;
d. For any cancellations thereafter, only the unused portion of the
Security Deposit shall be returned.
e. EXCEPTION: If Owner requires early termination of Renter’s stay for
reasons unrelated to Renter’s conduct, then the unused portion of
Renter’s Prepaid Rent will also be returned to Renter within 14 days
of such termination. No other compensation shall be provided to
Renter for early termination of stay.
12.
Renter(s) acknowledge that all keys and key codes provided in
conjunction with this agreement are valuable proprietary assets of
Hale Mar and that any copying of such materials or information and/or
their redistribution to any person other than the Renter(s) is
expressly prohibited and subject to a fine of $500 per every known or
reasonably suspected violation of this acknowledgement.
13.
Renter(s) agree that any disputes to this agreement will be resolved
by Arbitration, in a venue to be selected by Owner, and governed by
the laws of Hawaii, California or other jurisdiction selected by
Owner.
By clicking
"ACCEPT" below, Renter accepts and agrees to abide by this Agreement: