Rental Agreement

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By confirming your reservation with a payment, you are agreeing to these Terms and Conditions and willingly enter into this Rental Agreement.
This Rental Agreement constitutes a contract between you, the Guest(s) and BD Properties Hawaii, LLC dba Exclusive Villa Retreats (Company). “Guest” refers to and includes all those in the invited party of the registered Guest who executes this contract. No amendments to or deletions from these terms shall be valid unless expressly accepted by the Company and confirmed in writing. This contract is not transferable.

Please read this Rental Agreement thoroughly. Any monies paid to and received by the Company for occupancy of the rental property indicate the acceptance of these terms and conditions.

It is the responsibility of the Guest(s) to be familiar with all policies within this agreement.

1. RESERVATION REQUIREMENTS- Reservations are not considered "guaranteed" and this Rental Agreement does not become binding until an initial payment is received by the Company at the appropriate office. Final payment including all taxes, cleaning fee and service fee is required 60 days prior to arrival date. Reservations consisting of five or less rental nights or reservations booked 60 days or less prior to arrival date are required to pay in full upon reservation date. If payment in full is not received by the Company per these requirements, the reservation is subject to cancellation without refund.

2. ACCEPTED FORMS OF PAYMENT– Credit cards or direct deposit are preferred. We accept the following credit cards: MasterCard, Visa, Discover and American Express.

3. CHARGES– The total due includes rental rate, one-time departure cleaning fee, one-time service fee of $79 and applicable taxes. A valid credit card must be on file and a $5,000 security deposit will be placed on hold five days prior to arrival and released ten days after departure provided there is no damage. Optional services including mid-stay housekeeping, grocery delivery, etc. must be requested and will be charged accordingly.

4. CANCELLATIONS, REFUND POLICIES & CHANGE FEES- Cancellations made within 120 days of arrival are subject to our No Refund Policy therefore it is highly recommended that the Guest(s) obtain travel insurance to protect against unexpected events, cancellations, and any personal liabilities.

Cancellations made 121 days or more before arrival are entitled to 50% refund of all money paid to date.  The Company may allow a guest to move their reservation dates provided the dates of the request to change are available. Travel must be completed within 12 months of the original reservation dates.

A one-time change fee of $500 is charged at the time of re-booking if the original reservation arrival date is more than 120 days out.  If Guest requests to move their reservation dates within 120 days of arrival, a change fee equivalent to two nights of the current published nightly rental rate is added to the reservation.  Guest agrees to pay the published nightly rate for each night of the new reservation at the time of re-booking if the published rates are higher than the original booked rates.  If the Guest changes a high season week for dates with a lower nightly rate, no monies are refunded.  All payments are due according to the original structure of 50% of total due at the time of booking and balance paid 60 days prior to arrival. Should current published rates be less than the original nightly rate, there is no refund for the difference.  This offer is only available once. If Guest(s) requests to re-book or cancel again, the reservation is cancelled and all monies are forfeited by the Guest.
No refunds will be given in the event the requested date(s) are not available.

The Company’s No Refund Policy includes, but is not limited to:
No refunds or rent reductions due to failure of appliances or equipment, delayed arrival, early departures, or unexpected mishap. Additionally, the Company shall not be liable for events beyond their control which may interfere with Guest(s) occupancy, including but not limited to Acts of God, acts of governmental agencies, pandemics, fire, strikes, war, or inclement weather.  NO REBATE OR REFUND will be offered in these circumstances.

The Company cannot guarantee against mechanical failure of air conditioning, pools, TVs, WiFi or
other appliances. Please report any inoperative equipment to our office immediately. The Company will make every reasonable effort to have repairs done quickly and efficiently.

5. CLEANING FEE– A cleaning fee is required upon booking. This fee covers the staff required to disinfect and prepare the home for the next arrival and includes stripping and making the beds, washing all towels and linens, sweeping/mopping/vacuuming the floors, dusting, cleaning and disinfecting the bathrooms, wiping and disinfecting surfaces and kitchen appliances, sweeping the lanai area and other general cleaning to prepare the home for the next guests.  IT DOES NOT INCLUDE discarding opened food from the refrigerator or pantry, collecting dishes and other items from around the property, repositioning furniture that has been moved by the
guest, bagging up trash not placed in a bin, etc.  Additional charges may be withheld from the damage deposit should the house not be left in a reasonable condition. Any damage caused by guests checking out without closing the doors and windows will also be charged to the damage deposit.

OPTIONAL ADD-ON CLEANING SERVICES: To ensure we can accommodate your requests; it is advisable to make these arrangements at the time of booking.
Each vacation home has at least one washer and dryer and basic cleaning solutions, but should you prefer to have a housekeeper come in to tidy up or change linens, we are happy to arrange any of these services. Payment is due to the cleaner at the time of cleaning. Please contact us for current rates.

6. DAMAGE DEPOSIT- The credit card used to pay for the reservation will be used to place a $5,000.00 damage deposit hold to cover any damages. This amount will be placed on hold 5 days prior to arrival and released within 10 days of departure provided there are no damages or additional charges incurred.
This damage deposit guarantees payment for damages to property, structure or furnishings including but not limited to permanent soiling and staining of linens; property damage or loss; excessive utility charges exceeding $100.00 per week; unpaid telephone bills; on demand movies, or any other damages or loss caused during the Guest’s rental period, either by the Guest, by others in the Guest’s party, or by others invited to the rental home during the Guest’s rental period, or for incidental services provided at the Guest’s request before or during occupancy of the Property. Charges may also be incurred if we receive complaints about excessive noise or disturbances as outlined in Section 10.

The Damage Deposit hold will be released within ten (10) days after Guest's departure; EXCEPT THAT it is verified by the Company that material damage has been committed by Guest or other(s) in the Guest’s party to the furnishings, finishes or other parts of the Property. The Company will obtain estimates for repair and replacement and obtain contractor's bids. If the final estimates for repair or replacement are less than the Damage Deposit amount, the Company shall charge the portion of the Damage Deposit to cover the final costs and release the remaining portion to the Guest. Ordering and delivering of required repair materials or
replacement items and undertaking the repair and/or replacement will delay return of any remaining Damage Deposit until all such items are completed and the Property is restored to its original condition.

Should damages EXCEED the amount of the Damage Deposit, the credit card on file will be charged. If this credit card is declined for any reason, the Guest agrees to immediately upon request provide a credit card to cover any additional dollar amount over the standard Damage Deposit to pay for the repair and/or replacement of damaged property that exceeds the original Damage Deposit, regardless of whether the damages were caused by the Guest or another person(s) invited to the home by the Guest, during the Guest’s rental period. Should the damages caused by Guest or anyone in his/her party render the property un-rentable, daily rental rates will be charged to the Guest at the current nightly rate, for each day the property is un-rentable, along with any other charges caused by displacing future guests.

The Guest agrees to abide by Section 22 Governing Laws if any dispute should arise between the Guest and the Company regarding damages or charge backs to the credit card for damages or any other such matter that cannot be resolved speedily and amicably, and that arbitration will take place in the State of Hawaii, United States of America.

7. CONFIRMATION OF RESERVATION(S)- The guest will receive an automated email confirmation of the reservation. Please refer to the confirmation number whenever corresponding with the Company.

8. AGE REQUIREMENTS- The registered guest must be over the age of 25 and proof of identification will be required upon check-in. Any reservations made under false pretenses will result in loss of all payments and access to the rental home will be denied.

Check-in time is dependent upon which rental home is booked.  Generally, check-in is after 4 pm and check-out is at 11am, however, Napili Beach House may offer a 12 noon check-in and 12 noon check-out. 

Unless pre-approved and confirmed in writing, guests and all their belongings must be completely out of the vacation home and off property by 12 pm to ensure our cleaning staff has enough time to prepare the home for the next arrival. Whenever possible, a courtesy late departure may be extended until 1:00 pm at no charge. Guests who wish to remain from 1 pm to 7 pm will be charged a half-day rate, payable in advance. Early arrivals or late departures must be requested within two days of the original check-in/check-out. Early arrivals and late check-outs are not guaranteed until and unless confirmed in writing by the Company.  Guests that do not vacate the rental property by the designated time are subject to a fee up to one (1) nightly rate.

10. USE OF PROPERTY- The Guest(s) agrees to maintain cleanliness, exhibit proper use of facilities, and adhere to all house rules. Guest(s) may not use the property for any purpose other than that of a private vacation residence. Events of any kind including but not limited to weddings, receptions, luaus, etc. along with any commercial use of the property are strictly prohibited and considered a breach of this Agreement. Any event without prior notice and written consent may result in a $5,000 fine. Ignoring this policy will be deemed by the Booking Agent as a breach of your Agreement and will be subject to Termination of your Booking
Agreement. The Guest(s) agrees to comply with all security measures such as locking doors and windows when not on the property. The Guest(s) also agrees not to tamper with or disable any security systems or surveillance cameras on the property.

Quiet Hours from 9:00pm to 8:00am are strictly enforced. During this time the noise from the vacation home shall not unreasonably disturb adjacent neighbors. Sound that is audible beyond the property boundaries during non-quiet hours shall not be more excessive than would be otherwise associated with a residential area. This home is offered as a quiet residential accommodation choice for Guests. Excessive noise including loud or amplified music, drumming, excessive partying and fireworks of any kind are not allowed. Any noise complaints are subject to local law enforcement intervention. Complaints from neighbors and/or law enforcement
intervention will be deemed by the Company as a breach of this Agreement and may lead to your rental cancellation without refund and grounds for removal.
While on property, the Guest shall not engage in any activity or practice that may be or become a nuisance or annoyance to the neighbors without the risk of being evicted from the residence.

The maximum number of people at the home at any one time, including registered guests, hired help and all visitors, is limited to the maximum occupancy for that property plus 10 people. Exceeding this limit without prior approval will result in additional charges or termination of the agreement. Guest(s) may not partake in any illegal activities on the property, use the property for profit; or take part in any other activity that might invalidate any insurance policies affected
on the property. Firearms & fireworks of any kind are prohibited.

11. PARKING – All guest vehicles must be parked in the driveway. Street parking is not allowed at any time.

12. FURNISHINGS- Furnishings are subject to change without notice. Furniture, bedding, mattress pads, utensils or any other item supplied with the rental property must not be taken out or transferred from one property to another. Loss of these items, as well as damage to the property or furnishings more than normal wear will be charged to the Guest(s).

13. LINENS- A basic supply of linen is provided on each property. Bed linen and bath towels are not changed during your stay. Guests may request daily or mid-stay cleaning for an additional fee. Please contact us for contact information on our preferred cleaners. This service is additional and will need to be arranged and paid between the Guest and the Vendor. Full-size laundry rooms with four washing machines and dryers, along with detergent, is provided free of charge. The startup set of bath soaps, toilet tissue, paper towels, trash bags, etc. are not replenished during your stay.

14. PETS- Except for registered service animals, pets are NOT allowed. Service animal documentation must be submitted prior to your arrival. Fees starting at $500 will be assessed if evidence of pets is found in or on the rental property.

15. SMOKING- Smoking is NOT permitted in or near the doors or windows of homes. Fees starting at $500 per room will be assessed if evidence of smoking is detected at the time of check-out inspection. Guests who smoke outside, away from the house, must dispose of cigarette butts appropriately and not leave them on the grounds.

16. RENTAL ASSIGNMENT CHANGE- The Company reserves the right to change Rental Assignments to a similar property without prior notice or liability in the event the unit becomes unavailable.

17. PEST CONTROL– Despite pest control efforts, it is normal in Hawaii for private homes to experience a modicum of tropical bugs and pests including geckos, tropical bugs, and field mice if the doors are left open. Should you experience a pest control issue, please contact the Company so we may attempt to eradicate the problem.

18. INDEMNIFICATION AND HOLD HARMLESS- The Guest(s) expressly agree to indemnify and release the Company from any and all liabilities, injuries sustained during the Guest(s) stay, loss, theft or damage to personal belongings, and any associated costs or expenses, without limitation, arising from or in connection with the Guest(s)' use and occupancy of the rental property, including but not limited to any claims, litigation, personal injury, or property damage or theft, whether made, incurred, or sustained by the Guest(s).

19. VIOLATION OF AGREEMENT- If Guest(s) violates any of the conditions of this Agreement, the Company may terminate this Agreement and enter the premises. Upon notice of termination of this Agreement, Guest(s) shall vacate the Premises immediately and forfeit all rents and Damage Deposits.

20. RIGHT OF ENTRY- The Company or its authorized representatives may enter the rental property at any reasonable time for the purpose of inspection, maintenance, repairs, or in case of emergency. The Guest(s) will be given reasonable notice unless there is an emergency that requires immediate access. The Guest(s) will provide a valid emergency contact number to the Company prior to arrival. This contact should be available 24/7 in case of any emergencies or issues that may arise during the stay.

Should the vacation home be used as a model home, the Guest agrees to allow the Company to allow a showing by a real estate agent once per stay for a period of approximately 1 hour. The Company will provide the Guest with at least 24 hours’ notice prior to any showing. While every effort will be made to avoid the need for a showing during your booked dates, the Owner will offer a visa gift card as compensation for your inconvenience.

21. LOST AND FOUND– The Company will not be responsible for personal property left behind or lost during a Guest’s stay. If we are able to find an item left behind, we will mail it to the registered guest upon request. Shipping charges will be charged to the Guest. Items unclaimed will be held for a maximum of 10 days at which time the Company reserves the right to dispose of or may elect to donate the item(s) to a local charity.

22. GOVERNING LAWS- In the event that any dispute and/or difference should arise between the Guest and the Company (that which cannot be resolved speedily and amicably), the matter(s) in question shall be resolved by arbitration in the State of Hawaii, United States of America.

23. CREDIT CARD AGREEMENT- By providing a credit card number you agree to pay all rent and charges related to property rental including:
• Base rate
• State, County and TAT tax
• Cleaning fee per stay
• Service fee of $79 per stay

24. HOUSE RULES - House Rules are printed in the residence and posted on the Guest View tablet.  It is the responsibility of each guest to read and follow all house rules.