By confirming your vacation home with a payment, you are agreeing to these Terms and Conditions and willingly enter into this Rental Agreement. Your Rental Agreement constitutes a contract between you, the Guest(s) and Exclusive Villa Retreats. No amendments to or deletions from these terms shall be valid unless expressly accepted by the Company and confirmed in writing.
This Rental Agreement is entered into by and between you the renter, hereinafter referred to as "Guest", and Exclusive Villa Retreats hereinafter referred to as "Company". “Guest” refers to and includes all those in the invited party of the registered Guest who executes this contract. This contract is not transferrable.
Please read this Rental Agreement thoroughly. Any monies paid to and received by the Company for occupancy of the vacation property indicate the acceptance of the terms and conditions of this Rental Agreement.
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 in any amount is received by the Company at the appropriate office. Final payment including all taxes, cleaning fee and damage deposit is required 60 days prior to arrival date. Reservations consisting of two or less rental nights or reservations booked 60 days or less prior to arrival date are required to pay in full on reservation date. If payment in full is not received by the Company 60 days or more prior to guest arrival, reservation is subject to cancellation without refund. All deposits and monies paid are non-refundable.
2. ACCEPTED FORMS OF PAYMENT – Credit cards are preferred but we accept all the following forms of payment: Credit Cards: American Express, MasterCard, Visa; Electronic Funds Transfer (EFT); and Cashier’s Check
3. ADDITIONAL CHARGES – The total due includes rental rate, cleaning fee, taxes and refundable deposit. Additional charges are outlined below:
POOL HEATING CHARGE – There is a charge for heating the pool. We require a credit card on file to turn on the pool heat. Below are the costs to heat the pool to 84 degrees:
SEA DIAMOND $295/per day plus one day since the heater needs to be turned on one day prior to arrival due to the size of the pool.
SEA STAR $200/per day plus one day since the heater needs to be turned on one day prior to arrival due to the size of the pool.
SEA STAR BUNGALOW $100/per day
WAIKOLOA ISLAND STAR $100/per day
Because water temperature is dependent upon outside conditions and the pools are heated with propane gas, we can’t guarantee pool heat over 84 degrees. If you would like the pool heated to a temperature over 84 degrees, add $10/per degree, per day and we will check the reading to see what temperature the pool gets to and charge for that temperature. EX: Sea Diamond is $295/day to 84 degrees. To heat this pool to 88 degrees, it would be an additional $40/per day ($10 for each degree over 84 to reach 88) for a total of $335/per day.
TIKI AND FIRE PIT USAGE IS CHARGED PER GAS USED. Sea Diamond and Waikoloa Island Star Guests who opt to use the tiki torches and/or fire pit will incur additional charges for gas usage of these features and the total will be charged to their deposit. A gas reading is taken upon arrival and again after departure to calculate the usage. This is to keep guests mindful of the open flames.
4. CANCELLATIONS AND REFUND POLICIES - Cancellations are subject to our No Refund Policy therefore we strongly encourage Guests to purchase travel insurance.
This Agreement may not be cancelled by the Guest without forfeiture of all monies paid except as outlined below.
If your travel dates are rebooked by another party at the same rate, we will refund each night that was rebooked minus a cancellation fee of $500.00. The Company will offer a credit for low season days booked to be used during the same low season rate period, within 12 months of the original reservation arrival date, depending upon availability. A $75 reservation change fee will be incurred. Should low season rates increase by the time the Guest rebooks, the Guest will be required to pay the difference. The reservation must be paid in full prior to reserving new dates. This offer is only available one time. If Guest re-books and cancels again, all monies are forfeited.
The No Refund Policy will be enforced for any cancellation of reservations during Holiday and Peak Seasons. 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, 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, DVD players, 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 – Depending on the home rented, this fee is between $600 and $1,000 per stay. A cleaning fee is required upon booking. This fee covers the staff required to prepare the home for the next arrival and includes stripping and making the beds, washing the 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 deducted from 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 or as soon as possible prior to arrival. Each vacation home has at least one washer and dryer but should you prefer to have a housekeeper come in to change linens, we are happy to arrange any of these services:
Complete sheet change - $25 per bed This service includes one complete sheet change on the day of your choice.
Mid-Stay or Daily Cleaning - Option 1: $35/hr per cleaner - We can put you in touch with the cleaner directly. Payment is made directly to the cleaner. Or, Option2: $45/hr per cleaner – Tell us what you’d like done and we handle the rest. A credit card is required for this option.
6. DAMAGE DEPOSIT - Guest shall provide a Damage Deposit in the amount of $3,000.00 USD. This damage deposit guarantees payment for any 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; 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 from neighbors about excessive noise or disturbances as outlined in Section 11.
If the damage deposit is paid by check and the check does not clear for any reason, the Guest agrees to immediately provide a valid credit card or other form of payment to cover the damages, along with a $25 returned check fee. Failure of Guest to pay the Damage Deposit by the due date will result in cancellation of the reservation and forfeiture of monies paid.
The Damage Deposit shall be returned within fourteen (14) business 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. Should there be evidence of damages during the inspection, 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 received, the Company shall retain the portion of the Damage Deposit to cover the final costs and refund 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 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 for each day the property is un-rentable at the current seasonal rate.
The Guest agrees to abide by Section 22 Governing Laws in the event that 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. The Guest agrees to pay all fees, including but not limited to travel and legal fees, in the event of a legal dispute.
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 21 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.
9. RESERVATION CHANGE FEE – Date changes are not guaranteed and are subject to a non-refundable $75 rescheduling fee per change. All change requests should be made no less than 30 days prior to your arrival date. No refunds will be given in the event the requested date(s) are not available.
10. CHECK-IN / CHECK-OUT TIMES –
CHECK-IN TIME is After 4:00 PM. Check-in takes place at the property.
CHECK-OUT TIME is by 10:00 AM. Unless pre-arranged and confirmed in writing, guests must be completely out of the vacation home by 10:00am 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 but must be requested within 48 hours of departure and is not guaranteed. Guests who wish to remain until to 7:00pm must request and confirm this at the time of booking and will be charged a half-day rate.
Check-in and check-out times should be confirmed within two days of the original check-in/check-out. Early arrivals and late check outs are not guaranteed until and unless confirmed by the Company. Guests that do not vacate the rental property by the designated time are subject to a fee up to one (1) rental day.
11. USE OF PROPERTY - The Guest 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.
Quiet Hours from 9:00pm to 8:00am are strictly enforced. This home is offered as a quiet residential accommodation choice for Guests. Excessive noise including loud or amplified music, group singing, 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.
Guest 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.
12. FURNISHINGS - Furnishings are subject to change without notice. Furniture, bedding, mattress pads, utensils or any other property 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 in excess of normal wear will be charged to the Guest(s).
13. LINENS - A basic supply of linen is provided in 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 see Section 5 for details.
A full-size laundry room with washing machine and dryer, along with detergent, is provided free of charge. The startup set of bath soaps, toilet tissue, paper towels and trash bags are not replenished.
14. PETS - With the exception of service animals, pets are NOT allowed. Service animal documentation must be submitted prior to your arrival. Fees starting at $350 will be assessed if pets are found in or on the rental property.
15. SMOKING - Smoking is NOT permitted in or near the doors or windows of the homes. Fees starting at $350 will be assessed if the smell of smoke is detected in the home at the time of check-out inspection.
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 regular 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 - Guest(s) agree to indemnify and hold harmless the Company for any liabilities, theft, damage, cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Guest(s) use and occupancy of the rental property including but not limited to any claim or liability for personal injury or damage or theft of property which is made, incurred or sustained by 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. SHOWING THE HOME - 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 gift certificate to an area restaurant as compensation for your inconvenience.
21. LOST AND FOUND – The Company will not be responsible for guest(s) personal property left behind or lost during their 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 14 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 • Hawaii tax rates totaling 14.42% • Cleaning fee between $800 and $1,000 per stay • Damage Deposit of $3,000 Plus any additional amount that may be required due to utilities including gas for tiki torches and fire pits, pool heating costs or damages sustained to the property during the rental period.
As the registered guest, you understand that you must be present upon check-in and provide a Government issued photo ID and matching credit card.
By proceeding with your booking and making a reservation, you hereby acknowledge that you have read and fully understand and agree to all of the Terms & Conditions stated herein, including the Cancellation and Damage Deposit policies. Additionally, you agree to pay all rental fees outlined herein and any damages caused by yourself, someone in your party, or anyone that was invited to the home during your rental period.