RENTAL AGREEMENT AND POLICIES
The Manager of Hale Mar Hawaii ("Manager") agrees to rent to the person completing the form above ("Renter") the premises “Hale Mar”, Keaau, Hawaii from 3:00 pm on Arrival Date to 10:00 am on Departure Date unless early/late check-in/checkout have been separately agreed to in writing. This Agreement will be considered valid and enforceable when the reservation is requested by the Renter and confirmed by the Manager, either by paper correspondence or electronically through email or a 3rd party website booking interface.
2. Renter agrees to pay Manager the sum of (a) Rent based on the number of days and rate to be agreed upon, (b) Housekeeping fee of $200 per stay, and (c) Security Deposit of $1500 per stay, plus General Excise and Transient Accommodations Tax on Rent and Housekeeping as required by the State and County of Hawaii. Half of the full amount is due within 48 hours of the Reservation Request, and the balance is due at least 31 days before arrival. If the 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. . No Pets are allowed on the premises. Violation of this provision will result in immediate eviction without rental refund and deduction of all remediation expenses (including but not limited to clean up, damage repair, and allergen reduction measures) from the Security Deposit.
4. The premises shall be used for residential purposes only, and only by the number of individuals designated on the rental application. Renter(s) shall peacefully and quietly occupy the same and shall not interfere with the rights of neighbors. Renter(s) shall read and abide by the instructions contained in the Welcome Package. 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. Renter(s) shall not park vehicles on the lawn, or in an area that will obstruct any adjoining drive. Compliance with this provision includes, but is not limited to, adherence to the Good Neighbor Policy legally enforced by the County of Hawaii which specifies: (a) Quiet hours shall be from 9:00 pm to 8:00 am, during which time the noise from the premises shall not unreasonably disturb adjacent neighbors; (b) 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; (c) Renter's(s') vehicles shall be parked in the designated parking areas; and (d) Renter(s) shall not use the premises for commercial purposes. This property is licensed as STVR-19-355-445 and NUC-19-791.
5. Renter(s) shall not smoke or vape inside the home, and shall thoroughly dispose of all refuse related to any smoking outside the home.
6. Renter(s) agree to report PROMPTLY to the Manager 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. Manager contact is Laura Roden +1 (808) 464-6240, firstname.lastname@example.org.
8. Renter(s) agree that their failure to comply with items 3 (pets), 4 (occupancy and deportment), 5 (smoking), and/or 6 (negligence) above will be considered grounds for immediate eviction without refund and that upon Manager’s verbal or written request, Renter will vacate the property within 2 hours, or bear all costs of forcible eviction if required.
9. 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 or electronic payment 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, flooding or fire due to negligence or willful misconduct, plumbing blockage resulting from the 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, the introduction of foreign matter into pool/hot tub, and anything else requiring cleaning, replacement or repair in excess of normal weekly housekeeping,) at an 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 an 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, gatherings, or events of any kind does not qualify as a permitted residential use, must be approved in writing, in advance by the Manager; 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 at Manager's discretion;
e. Unless Manager has approved, in writing and in advance, a "late check-out", the Renter will be assessed a $25/hour late check-out penalty if the premises are not vacated by check-out time.
10. Renter(s) agree that neither the Manager nor the property owners are responsible for any loss or injury to Renter(s), their family or guests, or to Renter's(s') personal property incurred during the stay. Renters understand that this home is not "child-proof" nor certified for use by handicapped persons. In accepting this Rental Agreement, Renter(s) and Renter's(s') guests additionally explicitly waive the Manager's and property owners' liability for any loss or injury resulting from use of the swimming pool, hot tub, oceanfront, and all other facilities and equipment on the premises.
11. Cancellation policy: Rental Fees, Housekeeping Fee, Taxes and Security Deposit will be returned to Renter(s) as follows:
a. If canceled in writing 61+ days before Arrival Date, 100% of total deposit monies paid by Renter(s);
b. If canceled in writing 31-60 days before Arrival Date, the lesser of total deposit monies paid by Renter(s) or 50% of total Rental Fees and associated taxes for the reservation;
c. If canceled in writing 0-30 days before Arrival Date, the lesser of total deposit monies paid by Renter(s) less 100% of total Rental Fees (both associated taxes for the reservation;
d. Once Renter(s) has(have) entered the premises, no portion of the Rental Fee, Housekeeping Fee, and associated taxes will be refunded, notwithstanding whether Renter(s) stays(stay) fewer days than reserved.
e. EXCEPTION: If the Manager requires early termination of Renter’s(s') stay for reasons unrelated to Renter’s(s') conduct, then the prorated unused portion of the Rental Fee plus associated Taxes will be returned to Renter within 14 days of such termination. No other compensation shall be provided to Renter for early termination of stay.
f. Manager is not responsible for refunding any additional fees that Renter(s) may have been charged by third-party travel agencies or booking services.
12. Renter(s) acknowledge that all keys and key codes provided in conjunction with this agreement are valuable proprietary assets of the Manager 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 violation of this acknowledgment.
13. Renter(s) agree that any disputes to this agreement will be resolved by Arbitration, in a venue to be selected by the Manager, and governed by the laws of Hawaii, California, or other jurisdictions selected by the Manager.
If booking through this site, by clicking "ACCEPT" below, Renter accepts and agrees to abide by this Agreement. If booking through a third-party marketing site (Homeaway, VRBO, Airbnb, and others), submission of a booking request on those sites, which incorporate this Agreement by reference, constitutes acceptance of this Agreement.