Agents: West Hawaii Property Services, Inc. dba Kona Vacation Rentals (Agent)
GUEST (Guest) Agrees As Follows:
Check in and Check out time: Check in time is 4:00 P.M. or later on the day of arrival. Check out time is 11:00 A.M. sharp the day of departure.
Late Check out: Due to online booking capabilities, back-to-back bookings and the time required to ready your vacation home, late checkouts are on a case by case basis and MUST be pre-approved in writing. Late checkouts cannot be confirmed prior to your
arrival. Please arrange for an additional night if you require a late checkout or have a late flight.
Early Check In: Unfortunately, early check in is not available, due to back-to-back bookings and the time required readying your home; our cleaning and maintenance team requires the entire turnaround time.
A three night (3) deposit is due within forty-eight (48) hours of booking, The balance including taxes, and cleaning is due 60 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 $50.00 change fee.
Reservations over 31 nights will require a three night (3) deposit at time of booking, and an additional twenty percent (20%) may be required 120 days prior to arrival. The balance will be due 60 days prior to arrival.
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 KVR broker, this security deposit is refundable
if all terms of the agreement are met, and will be forfeited if the guidelines or policies are breeched or broken.
Cancellations made sixty (60) days or more prior to arrival with written notice shall be given a full refund minus $100.00 cancellation fee.
Cancellations of less than sixty (60) days prior to arrival shall forfeit the entire rent and excise tax (less cleaning fee) unless we are able to re-rent the property. Refunds on any forfeiture will be issued based on the dollar value received when the unit
is re-rented for the same dates as the cancelled reservation.
ALL RESERVATIONS ARE SUBJECT TO A $100.00 CANCELLATION FEE.
There is no refund or discounts for early departure or no shows.
Changes – Reservation Confirmations
Please ensure that all the amenities that you require such as air conditioning, bed configuration, bath configuration, pools (most pools are not heated in Hawaii), spas and splash 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
not there. Please do not assume. Many of our homes do
not have A/C and if the home has A/C please ensure that it meets your requirements (some homes and condos have central A/C, some have ductless A/C, some have window A/C, some have limited A/C -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 60 days prior to arrival. Please review your confirmation documentation to ensure the dates, 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 period. Please note that your reservation is subject to a cancellation fee, and becomes non-refundable at 60 nights prior to arrival. Your check in time is 4:00PM HST, and check out time is 11:00AM.
Unfortunately, due to on line booking capabilities and back-to-back reservations, late check-outs have limited availability. If you have a late flight on departure, please consider booking an additional night. The change fee is not applicable if you are booking
an additional night for late checkouts or early check-ins.
Vacation Rental Damage:
You may chose to purchase Vacation Rental Damage Insurance. We can offer referrals but damage insurance is a separate purchase and not offered by or part of your reservation. Kona Vacation Rentals DOES require a security deposit on all reservations. The security
deposit is refundable except under the circumstances listed in this Rental Policies Agreement.Any damages that exceed the amount of the security deposit will be charged to the credit card on file.
These funds may be applied to actual damages caused by GUEST. This is at the sole discretion of the Kona Vacation Rentals inspector; the property will be reviewed on the day of the Guest's departure, or the next business day. This may include excess
phone or cable charges, excessive cleaning charges, excess services required, moving furniture, fines imposed and/or costs for enforcing this agreement. Within 30 days following the end of the tenancy the 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 Security Deposit losses. The refund will be returned
to the Guest’s credit card.
The Guest will pay cleaning fees as part of the total booking fees. The guest assigns KVR as their agent to manage, inspect and supervise these cleaning companies as required. The guest may contract directly with the cleaning company for additional services
such as daily maid services, additional cleanings, etc. Please contact KVR for cleaning company contact information. Please be advised of our departure guidelines. Please note that 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.
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 $35.00 for each dishonored check up to the maximum allowed by state law, and subsequent rent payments, at the Kona Vacation Rentals’ option,
will be in a guaranteed form of payment.
We accept Debit Cards with the Visa and MasterCard labels and Visa, MasterCard, American Express, JCB and Discover Credit Cards at this time.
Lock Out Policy: Guest lock-outs during business hours will be subject to a $25.00 + tax charge per instance. After hour lock out charges will be determined on a case by case basis.
Construction: The Big Island of Hawaii is growing. If your rental is in the proximity of construction, please try to be understanding. If the construction activity exceeds normal business hours, we will make every effort to contact the persons responsible for
the activity. No refunds will be made due to construction noise.
Upon receipt of full payment, your on-line acknowledgement and/or the return of the signed rental policies 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 808-334- 1199 or 800-799-KONA(5662).
Keys, Remote Controls:
Keys to the premises are the exclusive property of the Kona Vacation Rentals. 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 please arrange for it to be held at the local Kailua Kona post office.
Lockout Policy: Guest will be charged %50.00 plus tax for lockout assistance. This is a “per event” charge.
All Persons Staying at this Vacation Unit must be listed as Guests. Maximum Occupancy:
only those individuals specifically registered on the Guest list shall occupy the premises at any time. Children are counted in total occupancy unless they are under the age of two and normally sleep in a crib. Over-occupancy or any unregistered Guest is
considered unauthorized and this could forfeit your reservation. Weddings, gatherings, luaus and receptions are not allowed unless authorized by KVR in writing.
All children shall be supervised at all times. Severe injury or death could result from failure to properly supervise the children. Additionally, children are not to play in the landscaping, the fish ponds 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.
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- together 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 is 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 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.
Gated Community Access: Some properties are located inside guarded gated communities. Kona Vacation Rentals 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 the properties in Keauhou Estates we will be requesting this information in advance. Please respect the guards at all entry points.
Furnishings, Wear and Tear: 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.
Cleanliness: The premises shall be kept in as clean, healthy and safe as conditions of the Premises permit. 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
Needed Repairs: Please let us know as soon as possible if there are any cleaning issues or if any repairs are necessary. We understand accidents happen. Please let us know if something happens and we will address the issue as soon as possible.
NO-SMOKING: Smoking is strictly prohibited within the house, lanais or on the property. Please remember
KVR 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 minimum $500 surcharge, to be applied to 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. Please note: the if the charges for restoration exceed $500 your credit card will be billed. 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.
Pets: 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 guest will pay the additional cost.
Utilities: 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:
A/C available at an additional cost.
Supplies: Any supplies are to be supplied by the Guest. For health and safety reasons, the previous Guests' food, condiments, etc. are disposed of. All other household and cooking supplies needed shall be the responsibility of the Guest. Clean linens,
bath towels and beach towels are provided for the number of occupancy.
Not included: not included in this lease is daily maid service, household supplies, lei greetings, baggage handling, long distance charges, auto rental, food, liquor, laundry, and personal items.
Garage, Parking and Owner's 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.
Pool, landscaping and pest control: 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.
Insurance: Guest's personal property and vehicles are not insured by Kona Vacation Rentals. Kona Vacation Rentals 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.
Damages: 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 by the security deposit held. Any items missing from the unit will be charged to the Guests' credit card at the replacement cost of such item.
Pests: This property is located in the tropics providing 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, chickens, turkeys, francolins and other creatures that might show up unannounced, make noise and be in or around the homes. Kona Vacation
Rentals 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 pests on their person when entering the home. The Guest accepts these pests are part of the experience and there are no refunds or cancellations provided based on pest issues.
Site Conditions and Noise: Kona Vacation Rentals 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 Vacation Rentals manages the individual property but does not control the homeowners 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 Vacation Rentals
control. Neighbors do not provide notice to our owners and or Kona Vacation Rentals 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, KVR 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 of Premises,Duplicate Booking, other: Guest understands that in the event the vacation accommodation is sold by the owner or there are UNFORESEEN CIRCUMSTANCES that (i.e.: natural disasters, scheduled or unscheduled
construction, flood, damage to the unit caused by construction failures, plumbing, electrical, pests, mold, double booking, etc.), Kona Vacation Rentals ("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 Vacation Rentals ("Agent") is unable to find such accommodations, then at the option of the agent or Guest's option this Agreement shall be cancelled and terminated. Kona Vacation Rentals shall refund to Guest all payments made by Guest under this Agreement,
and Kona Vacation Rentals ("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, TV, 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 Inspection: Kona Vacation Rentals 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.
Conduct: 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 lock box, (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.
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. 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 be responsible for AGENTS 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.
Assignment: Guest may not assign this agreement/lease to a third party.
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
Expedited Eviction: If Guest (I) holds over in possession after the Guest's tenancy has expired; (ii) commits a material breach of any provision of 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.
Laws: 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: Should Agent incur any expenses in enforcing the terms of this Lease, Guest shall promptly reimburse Agent 100% for such expenses.
Disputes: This lease 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.
Sole Agreement: 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.
Changes: The parties hereto further agree that any changes to this agreement are to be in writing to be enforceable. Fax and E-signatures: Copies and signatures by facsimile or email are considered valid. The parties shall retain the originals for verification.
Definitions: Wherever "AGENT" is used it is intended to mean, Owner. The use of the word GUEST shall include both singular and plural.
Restrictions: 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 has the option to purchase travel insurance option other sources if they so desire. Kona Vacation Rentals 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 Vacation Rentals 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 Vacation Rentals 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.
Governing Law: 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.
Entire Agreement: 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.
Attorney Fees: 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.
Severability: 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.
Notices: 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 within the premises.
By continuing to reserve the property GUEST agrees they have read, understand and agree to ALL the Rental Policies stated.
WEST HAWAII PROPERTY SERVICES, INC.