WEST HAWAII PROPERTY SERVICES, Inc.
dba Kona Vacations Rentals
The Rental Deposit is due at the time of booking. A completed “Vacation Rental Agreement” is required within 24-hours to finalize your reservation. Review and acceptance of the Kona Vacation Rentals Terms & Conditions which is made part of this rental agreement is required before the reservation becomes firm.
AGENT: West Hawaii Property Services, Inc. dba Kona Vacation Rentals (Agent)
Hawaii Real Estate Broker License RB-14511
GUEST (Guest) Agrees as Follows:
HAWAII COUNTY ORDINANCE 114 -18. COMPLIANCE: We are committed to Good Neighbor Policy. Non-compliance of any of the below resulting in a neighbor complaint will be subject to Eviction. If Eviction is necessary, no refund will be given.
Quiet Hours shall be from 9:00 p.m. and 8:00 a.m., during which time the noise from the Short-Term Vacation Rental 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.
Guest vehicles shall be parked in the designated onsite parking area.
The Short-Term Vacation Rental shall not be used for commercial purposes.
Please be mindful of our neighbors during your stay. Our property’s quiet hours are from 9pm to 8am daily. Parking is restricted We care a lot about maintaining good relationships with our community, so we appreciate you following our house rules during your stay. We are committed to Rent Responsibly standards.
Please read your Kona Vacation Rental (herein after known as KVR) Agreement carefully before you begin your vacation. Occupancy of Vacation Property indicates the acceptance of the terms of our Vacation Rental Agreement in full. All policies are strictly enforced. It is the responsibility of all guests and members of their party to be familiar with all policies pertaining to rental.
RENTER REQUIREMENTS: For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is considered to be the Primary Guest. All other persons involved with the rental are considered to be the Guest’s invitees, and all discussion regarding reservation, cancelation, and damage policies will be discussed with the Guest, not the Guest’s invitees. The Guest understands that KVR rents to responsible adults over the age of 25 ONLY.
DEPOSIT/ PAYMENT: A reservation can be made with a 25% deposit paid by credit card when the reservation is made. Full payment is due 60 days prior to scheduled arrival. The credit card must have an expiration date that extends beyond your stay. If a reservation is made less than 60 days prior to arrival, full payment is due when the reservation is made. If the Guest(s) has no Visa, Master Card, or Discover Card, a cash payment can be arranged which will include an additional $2,000.00 refundable security deposit. This security deposit will be returned within two weeks of the departure date, provided there is no breakage or damage to the premises and/or contents, there are no outstanding long-distance phone or pay-per-view charges, no additional cleaning costs, and all other rules of this agreement are adhered to.
CHANGES TO RESERVATIONS: Changes to the reservation can be made during the 24 hour grace period prior to confirmation. After the 24 hour period there will be a $50.00 per change fee.
PAYMENT BY CHECK: Should a check or e-check be dishonored by the financial institution, for any reason, a $50.00 service charge will be incurred for each occurrence up to the maximum allowed by state law. Kona Vacation Rentals reserve the right to require subsequent payments be made via certified funds, credit card or wire transfer ant GUEST expense.
BALANCE PAYMENT: If no payment is received 60 days prior to arrival, we will automatically charge the balance to the credit card on file. Balance is due no later than 60 days prior to your arrival date. We can charge the balance due on the credit card used for the initial deposit, you can call with a different card, or a check or money order can be issued, if using non-guaranteed funds payment must be received 90 days prior to arrival, please allow for slow mail. Please send your check or money order with a signed copy of the rental agreement.
Make check payable to: West Hawaii Property Services, Inc.
Mail to: Kona Rentals 75-5995 Kuakini Hwy, Ste. 311 Kailua-Kona, HI 96740
DAMAGE POLICY: Every reservation requires either (1) a $50.00 damage protection policy (“Vacation Rental Damage Plan”) OR (2) a $2000 refundable security deposit. This Vacation Rental Damage 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 $1,500. Any damages that exceed $1,500 will be charged to the credit card on file. Certain terms and conditions apply imposed by the damage insurer.
If a security deposit has been made, no portion may be applied to additional rental time or fees or other charges accrued by the Guest/ Invitees. The entire deposit will be refunded if (1) no damage was done to the property other than reasonable wear and tear, (2) all keys are accounted for, (3) no items were missing, (4) all doors and windows were closed and secured upon departure, (5) all check out procedures were followed, (6) all Rental Agreement policies were followed, (7) no miscellaneous charges were incurred, e.g., unpaid rental fees, guests or pets, additional cleaning fees, or other charges.
As a condition to the rental of all Vacation Properties, Kona Vacation Rentals reserves the right to charge the Guest’s credit card for any and all uncovered Guest/Invitee caused losses and damages sustained to the Vacation Property throughout the duration of their period of occupancy. In the event of any uncovered Guest/Invitee-caused loss or damage to the Vacation Property, including, but not limited to, undue cleaning, eviction, service calls, service charges, fines/assessments, repairs or replacements, plus all applicable taxes, Kona Vacation Rentals is hereby granted the right to charge the Guest’s credit card. An itemized statement outlining all associated costs will be sent via regular or electronic mail to the address submitted by the Guest at such time as the reservation was booked. By written or electronic endorsement of this Agreement, the Guest hereby agrees to pay for all such charges, as defined above and on the proceeding pages.
UPON ARRIVAL: Take a look around the property. If there are concerns or issues with your rental property, please immediately contact our office (leave a message if there is no answer). No refunds or considerations are given unless we’re notified of problems during your stay. We will provide a form for you to document any pre-existing damage so you won’t be held responsible.
EMERGENCIES/ MAINTENANCE: In the event there is a problem accessing the property or if there are problems with condition or functionality of the property, please immediately contact the KVR office (leave a voice message and send a text message if there is no answer!) at (808) 640-0827. If it is after office hours we will make every effort to return your call as soon as possible. If we do not promptly return your call and it is an urgent situation, you may call West Hawaii Property Maintenance at (424) 644-6321. Otherwise, you will be contacted during normal business hours.
ARRIVAL TIME: Check in is at 4 pm. A very early arrival may be arranged for $75 pending availability. Please contact us within 24 hours of your arrival to make arrangements. Unless you have specifically arranged for an early arrival time, please do not arrive at the property before your schedule check in time.
DEPARTURE TIME: Check out is at 11 am. Your prompt departure is appreciated so we can prepare the property for arriving guests. A late departure may be arranged for $75 (4 hours – 3pm HST), pending availability. If you have not arranged for a late check out, you may be charged $50 for each hour beyond 11:00 am you are still on property, with a minimum of one hour. If the property has not been vacated by 4 pm, a fee equal to the rental rate of 1 night will be assessed. We recommend you reserve the additional night if you require a check-out past 4pm HST.
CANCELLATION, REFUNDS, AND INSURANCE
Cancellations: ALL CANCELLATIONS MUST BE MADE IN WRITING VIA EMAIL. A reservation will not be canceled and refunded until we receive written notice from the primary guest. Cancellations made greater than sixty (60) days prior to the arrival date will be refunded but are subject to a deduction of two hundred dollars ($200.00) or the fee charged for processing the guest credit card, whichever is greater, of the deposit(s) paid. If a refund is due, the refund will be credited to the credit card on file or paid by check and mailed via United States Postal Service within ten (10) business days after the approved cancellation. Cancellations with arrivals sixty (60) days before check-in will result in forfeiture of the entire rental amount. Refunds of monies paid for rental and services will be considered under the following circumstances: 1) if, on the day that the rental is scheduled to begin, the property is unfit to occupy, and no equivalent substitute can be obtained, or 2) access to the property has been prohibited by authorities, or 3) The property is “double-booked” for the same time period, and a substitute property of equal value cannot be secured.
We recommend that GUEST secure (purchase) Trip Cancellation and Interruption Protection insurance to assure refund of deposits paid and reimbursement of other vacation payments. This will protect against cancellations caused by unforeseen events, such as illness, death, natural disasters, etc. Please contact Rental Guardian, Rental Guardian Trip Insurance for information regarding various levels/types of trip coverage. GUEST is solely responsible for choosing the type/level of policy and what a policy covers in reimbursements. AGENT is not responsible for ANY financial losses a policy does not cover. GUEST understands that GUEST must file a claim directly with Rental Guardian, and AGENT cannot file on GUEST’s behalf. GUEST has one (1) year from the date of departure to file a claim.
POWER/ WEATHER RELATED CANCELATION: KVR does NOT issue refunds due to acts of nature such as: weather, road conditions, snow conditions, power outages or forest fires, etc. If the property is uninhabitable due to such circumstances and you did not purchase insurance, reservations can be rescheduled for future dates within one year of the reservation date; KVR reserves the right to move Guests to a comparable property if available.
VACATION RENTAL INSURANCE: Rental Guardian is available to assist with expenses incurred due to cancelation or interruption of your stay, travel delay, baggage delay, rental car damage, and emergency/medical/dental expenses. Please read your documentation carefully as certain limitations, restrictions, and exclusions apply. The plan is optional, but we strongly recommend it. In case of unforeseen events, this insurance helps protect your vacation investment. IF YOU CHOOSE NOT TO PURCHASE THIS COVERAGE, NO REFUNDS WILL BE GIVEN WITHIN THE 60 DAY PERIOD.
CHANGE IN NUMBER OF GUESTS/CONDUCT OF GUESTS: Guest(s) agrees that more than the number of people stated on the reservation shall not occupy the premises. Unauthorized people at the property at any time will result in a double charge for each additional guest or a maximum occupancy charge (whichever is more), and loss of any security deposit, in addition to any and all damage, disturbance, and additional cleaning charges. The rental is not intended for parties, nor gatherings at any time of anyone except those who have paid to occupy the property. Exceptions are made on an individual basis – please contact KVR for prior approval. If there is excessive noise or music, any illegal activity, or evidence of violation of these policies, you may be asked to vacate the premise without any refund and additional charges may be assessed. Please inform us of any change in the number of guests before your arrival to avoid these charges and so the rental can be prepared appropriately for your group. No exceptions or refunds are given for changes in the number of guests after your arrival.
CLEANING FEE(s): A non-refundable cleaning fee is required with all reservations. This fee is for our housekeepers who dust, vacuum, sanitize, clean linens and towels, and remove refuse from the property. Guest(s) are required to follow all check out procedures detailed in this agreement and leave the property in the same general and good, habitable condition it was in when the Guest(s) arrived. Undue and/or unreasonable cleaning of the property shall be charged to the Guest’s/Cardholder’s credit card as an Additional Cleaning Charge at a rate of up to $50/hour, with a one hour minimum. This also applies to the property exterior, grounds, BBQs and pools/spas (if so equipped).
DEPARTURE REQUIREMENTS: A starter supply of expendable items such as paper goods and soap is provided; please bring additional if you feel this will not be adequate. Basic cleaning supplies are stocked to do your own cleaning during your stay. Housekeeping is not provided during your stay unless previously arranged. Failure to comply with pre-departure cleaning requirements resulting in excessive cleaning will be charged to your credit card at $50/hour, with a one-hour minimum:
1) Place soiled towels in the washing machine.
2) All dirty dishes, cookware and eating utensils should be placed in the dishwasher
3) Floors should be in generally good condition, free of debris and ready to be vacuumed.
4) All household trash, recycling and/or other discarded items should be properly bagged so as to avoid spillage/leakage, and deposited in the proper receptacles provided. Please do your best to help us recycle by removing all discarded items, including food items. Our tropical climate offers a variety of pests – therefore, under NO circumstances should household refuse be deposited and/or otherwise left unsecured outside or additional charges may apply.
5) Refrigerator and microwave should be left clean and free of food.
6) All appliances (stove, oven, BBQ, etc.) should be left in a clean condition and free of spills and grease.
7) Please wipe down counters and other surfaces.
8) All litter must be picked up from the premises and placed in the outside garbage cans, tied securely in trash bags.
9) DO NOT LEAVE WET LINENS OR TOWELS ON BED, FURNITURE OR FLOOR.
10) Turn off all lights, fans, ceiling fans, air condoning units and appliances.
11) Securely lock all doors and windows and place one (1) key in the lock box.
LINENS & TOWELS: Bath towels, sheets, pillows and blankets are provided. We do provide beach towels (and in some cases pool & dive equipment) for your convenience DO NOT take the linens or bath towels outside. Please allow us to wash the property’s linens unless you need clean linens during your stay. Extra sheets and towels are provided if you are staying a week or longer (otherwise one set per guest are provided).
SMOKING: Smoking is NOT permitted in any Kona Vacation Rentals Properties. Smoking is allowed outside in designated areas ONLY. You are required to remove all butts and ashes to proper receptacles. If there is any tobacco smell in the property after your departure, or reported during your stay there will be a minimum $500 charge. Oil lamps and incense are not permitted due to the long-lasting odor. If these policies are violated, there will be an additional charge for excessive cleaning.
SATELLITE TV, INTERNET & PHONE CALLS: All properties are privately owned and have different subscription packages for cable and/or satellite and KVR does not guarantee any programs, events or reception. Properties are equipped with a telephone; these are for local calls ONLY.
LEFT ITEMS: Please check carefully for belongings before you leave. Left items, if found, can be mailed to you if requested and you will be charged shipping costs plus a $25 service fee. KVR is not responsible for lost or stolen items.
RIGHT OF ENTRY: Guest(s) agree that KVR reserves the right to enter the rental property any time to investigate disturbances, check occupancy, check for damage, to make emergency repairs, alterations or improvements as we may deem appropriate, or to show the property to prospective purchasers (in which case prior notification will be given).
SECURITY & SAFETY RISKS: ALWAYS LOCK DOORS AND WINDOWS WHEN YOU LEAVE THE PROPERTY. When you rent the property, you assume responsibility for it and its contents, as well as your personal property. There is a lock box to which you will be given a code. This code is changed with every guest for security. Guest is responsible for lost key replacement costs. There are conditions in and around the property that may pose a hazard to children, as well as to adults, KVR does not assume any responsibility for injuries resulting from your failure to use due caution. Children must be supervised at all times. Candles are not allowed due to fire hazard.
INDEMNIFICATION & HOLD HARMLESS: While KVR and its Property Owners strive to maintain Vacation Properties in the finest condition, no guarantees are expressed nor implied regarding suitability or for any particular purpose. All Guest(s) and their invitees use the Vacation Property structures and premises at their own risk. KVR and its Property Owners shall not be held liable or otherwise responsible in any way for injury to any Guest and/or their invitees that is caused or permitted to be caused by the intentional or unintentional acts of said Guest(s) and/or invitees, or by the failure of structures, appliances, (including hot tubs and BBQs) furnishings, and/or other equipment, whether by malfunction, misuse, acts of God/nature, and/or are otherwise naturally occurring. No guarantees are expressed nor implied as to the suitability of utilities and other services provided to the Vacation Properties and adjacent structures and premises. No guarantees are expressed nor implied regarding the suitability/compatibility of materials utilized in the construction of the Vacation Property and/or its contents. KVR and its Property Owners shall not be held liable nor otherwise responsible in any way for allergic reactions to Guest(s) or invitees, caused or permitted to be caused by materials utilized in the manufacture of the Vacation Property and/or its contents, nor from mold and/or airborne spores, nor from pet/animal allergens, nor from chemical agents including, but not limited to appliances, linens, carpeting, utensils, fixtures, hot tubs, and/or other equipment. By written or electronic endorsement of this Agreement, Guest(s) and invitees hereby agree to forever hold-harmless and indemnify KVR and its Property Owners from and against all claims, demands, loss, liability/responsibility of any kind and character, including cost of defense, arising out of or in any way connected with the Guest(s) use of the property.