Rentals Terms & Conditions
These Terms and Conditions, along with the confirmation email We
send You after You make Your reservation (Confirmation Email),
form a binding contract between You and Us, effective as of 24
hours after We send the Confirmation Email to You (Agreement
In these Terms and Conditions, Agreement means these Terms
and Conditions and the Confirmation Email collectively. You
and Your means the person or persons making the reservation
and those who will be staying at the Property as guests. We,
Our, Ours, and Us means Hawaiian Vacation Rentals, LLC, a
Wyoming limited liability company.
We manage the rental property located at the address identified in
the Confirmation Email (Property). With this Agreement, You
and We (collectively, Parties) wish to agree on the terms of
Your renting the Property on a short-term basis for vacation
purposes. Therefore, the Parties agree as follows:
(1) Rejection of Agreement.By making a reservation and
payment on Our website, You are agreeing to accept or reject this
Agreement within 24 hours of Our sending You the Confirmation
Email. To reject this Agreement, You must respond to the
Confirmation Email at firstname.lastname@example.org and notify Us that
You wish to reject this Agreement. If You do not reject this
Agreement within 24 hours of Our sending the Confirmation Email,
You will automatically be deemed to have accepted this Agreement.
(2) Reservation. Subject to the terms and conditions of
this Agreement, You will rent the Property solely for short-term
vacation purposes between the Check-In Date and Check-Out
Date identified in the Confirmation Email. Your lease of the
Property will start at 4:00 p.m. on the Check-In Date, and will
end at 11:00 a.m. on the Check-Out Date. You may not check in
early or check out late without Our prior agreement. However, We
may require check in to occur later than 4:00 p.m. during peak
(3)Rent and Other Charges. You will pay Us the full amount
of rent and other fees stated in the Confirmation Email
(collectively, "Total Charges").
- (a) Payment Deadlines. If Your Agreement Date is less
than 120 days before check-in, You authorize Us to charge 100%
of the Total Charges to Your credit card when You make the
reservation. If Your Agreement Date is 121 days or more before
Your check-in date, You authorize Us to charge 30% of the Total
Charges to Your credit card when You make the reservation, and
charge the remaining 70% to Your credit card 120 days before
Your Check-In Date (Second-Charge Date). You authorize Us to
charge Your credit card on file without any further notice to
You on the Second-Charge Date. If 100% of the Total Charges are
not paid to Us by the Second-Charge Date, We may cancel Your
reservation at any time.
- (b) Nonrefundable Reservation Fees. Nonrefundable
Reservation Fees (included in the Total Charges) means the
Departure Clean, Damage Waiver, Booking, Pet, Late Check-Out,
and Early Check-In Fees stated in the Confirmation Email, as
well as any other fees (if any) designated as Nonrefundable
Reservation Fees in the Confirmation Email. Nonrefundable
Reservation Fees are fully earned by Us on the Agreement Date.
Except as otherwise set forth in this Agreement or otherwise
required by applicable law, We have no obligation to refund the
Nonrefundable Reservation Fees to You for any reason, even if:
(1) We cancel Your reservation because You failed to pay 100% of
the Total Charges by the Second-Charge Date; or (2) You cancel
Your reservation (even if You cancel before the Cancellation
Deadline referred to below).
- (c) Application of Payments. Payments You make to Us are
first credited toward the Nonrefundable Reservation Fees (and
related taxes), then the rental fees (and related taxes), and
then the Security Deposit (defined below).
- (d) Security Deposit and Additional Charges.
- (1) Certain charges may be designated as a Security
Deposit in the Confirmation Email. To the fullest extent
permitted by applicable law, We may deduct from the Security
Deposit any costs for damages, extra cleaning, or repair of
the Property, furniture, and other items in the Property which
You cause or permit to occur, plus any sales tax, general
excise tax, transient accommodations tax, and any other
- (2) ) If the Security Deposit is not sufficient to
cover any costs or damages caused by You or for which You are
responsible under this Agreement, You will be responsible for
paying Us the difference promptly upon Our request.
- (e) Limited Damage Waiver. With the purchase of a
Limited Damage Waiver (as indicated in confirmation Email), Ohana Beach Rentals will apply a
coverage up to $1000. Any Damage in excess of this amount will
be Tenant's responsibility.
- (f) Changes to Reservation. If You request a change in
Your reservation (either dates or
Property location) and We agree to the change, We may charge You
$150, plus applicable taxes. We have no obligation to agree to a
change in Your reservation.
- (4) Cancellations.
- (a) You may cancel Your reservation by giving Us written
notice at least 120 days before Your Check-In Date (Cancellation
Deadline). If You do so, We will refund You the Total Charges
except for the Nonrefundable Reservation Fees. If You cancel
Your reservation after the Cancellation Deadline, We will have
no obligation to refund You any amounts You paid, except for the
Security Deposit, unless otherwise required by applicable law.
You acknowledge and agree that travel insurance is available for
You to purchase from various third parties which may avoid or
mitigate the risk of Your losing amounts You have paid under
this Agreement if You cancel Your reservation.
- (b) To the fullest extent permitted by applicable law:
- (1)We may cancel Your reservation at any time for any
reason, in Our sole and absolute discretion, and if We do so,
We will refund You the Total Charges, including the
Nonrefundable Reservation Fees;(2) We may move up Your
Check-Out Date for any reason in Our sole and absolute
discretion, in which case We will refund You a proportionate
percentage of the Total Charges, including the Nonrefundable
Reservation Fees; and (3) We will not be liable to You for any
damages if We cancel Your reservation or move up Your
- (5) Holdover. If You fail to check out and give Us
possession of the Property on time on the Check-Out Date, We may
charge You daily rent for the time You holdover at a rate equal to
the lesser of:
- (a) 200% of the amount of the daily rent set forth in
the Confirmation Email; or
- (b) the maximum rate permitted by applicable law.
- (6) No Assignment or Subleases. You may not assign
any part of this Agreement, sublease any portion of the Property,
or grant any license or right to use any part of the Property. Any
attempted assignment, sublease, or grant without Our written
consent will be void.
- (7)Guest Rules.
- (a) Although We may provide a starter supply of
toiletries and amenities (such as toilet paper, dishwasher
detergent, and dish-washing liquid, etc.) as a courtesy, We have
no obligation to replenish those items. Additional supplies are
- b) If the Property is equipped with a telephone or
digital television, You may not make long-distance telephone
calls or order movie or event programming. You will pay Us any
long-distance or other telephone toll charges and any movie or
event programming charges incurred, together with a 40%
surcharge to cover Our administrative costs.
- (c) If the Property is equipped with a television, video
player, or related or similar electronics, replacement or repair
is not guaranteed and no refunds will be given for malfunctions
of such equipment.
- (d) You will not give access to or permit any guests or
occupants in the Property other than the individual or
individuals specifically identified as You in this Agreement.
- (e) You assume responsibility for any damages to or
theft from the Property, including towels and linens.
- (f) You may not place wood, paper, or any other
combustible materials in any gas fireplace.
- g) You may not make any alterations to the Property or
its improvements, furniture, equipment, or other furnishings.
- (h) A Pet Fee is applicable for stays at properties that
are Pet Friendly.
- (i) Smoking is strictly prohibited in or on the
Property, or in any common areas near the Property. Violations
will result in an automatic $500 fine plus the cost of
carpet/upholstery cleaning, and any other damages as a result.
- (j) After-hours lockout calls to a locksmith and related
expenses incurred are Your responsibility.
- (k) Grilling is only permitted on grills. Propane
refills may be undertaken only by Us, provided such refills will
occur only during normal business following Your request that We
do so. Charcoal may not be placed or burned within any gas
- (l) You are responsible for Your own vehicle, including
(but not limited to) damage or additional wear and tear
resulting from coastal driving (if applicable) and related
hazards thereto, and towing or other charges. We do not provide
towing or roadside assistance reimbursement, regardless of type
of the vehicle or road or weather conditions.
- (m) Quiet time is from 10:00 p.m. to 8:00 a.m. If a
noise complaint is reported, You will be charged $100 for the
first complaint and $200 for each additional complaint.
- (n) You must maintain the Property in as good a
condition as You received it, including but not limited to:
- (1) keeping the Property safe and clean;
- (2) not causing or permitting any unsafe or unsanitary
conditions in the area surrounding the Property;
- (3) disposing of all ashes, rubbish, garbage, and other
waste in the provided trash receptacles;
- (4) properly securing lids on trash receptacles at all
- (5) not leaving trash on porches, decks, or any other
- (6) not destroying, defacing, damaging, or removing any
part of the Property or rendering inoperable any smoke
- (o) You must promptly notify Us of the need for
replacement of or repairs to any stove, fireplace, hot tub,
smoke detector, or other appliance or fixture at Property, and
any other problems with or at the Property.
- (p) We are not responsible for the condition or upkeep,
repair, or maintenance of any such common areas.
- (q) All non-transient vacation uses (including but not
limited to parties, weddings, receptions, and similar events and
activities) are strictly prohibited. You may not use the
Property or permit the Property to be used in any way that
interferes with any other guest's, tenant's, or owner's use and
enjoyment of property near to the Property.
- (r) You must comply with all other House, Owners'
Association, and other Rules and Regulations applicable to the
Property. All such Rules and Regulations are a part of this
Agreement and are incorporated into this Agreement by reference.
- (s) You will comply with all, and will not violate any,
federal, state, and local laws and regulations applicable to the
- (8) Default. You must (and must cause all other
guests and occupants of the Property to) abide by Your obligations
under this Agreement. If You do not perform any one or more of
Your obligations under this Agreement, We may (to the fullest
extent permitted by law) evict You before the Check-Out Date and
retain all payments made by You (except to the extent We may be
required to refund some or all of the Security Deposit to You). We
reserve all other rights and remedies otherwise available to Us
under at law or in equity.
- (9) Indemnification. You will indemnify, defend,
and hold harmless Us and the owner of the Property from and
against all demands, causes of action, claims, losses,
liabilities, expenses (including reasonable attorneys' fees and
costs), and damages to persons or property based on, arising out
of, caused by, connected to, or related to Your (or any of Your
guests') negligence, willful misconduct, or breach of this
Agreement (including but not limited to the Guest Rules). This
obligation will survive termination of this Agreement.
- (10) Miscellaneous.
- (a) Joint and Several Liability. Each person renting or
occupying the Property is jointly and severally liable under
this Agreement, and We may proceed against any one or more of
You without first proceeding against any other.
- (b) Integration of Entire Agreement. This Agreement is
the final, entire agreement among the Parties pertaining to the
subject matter of this Agreement, and supersedes all previous
agreements and understandings pertaining to this Agreement or
its subject matter.
- (c) No Waiver; Amendments. A failure by Us to require
strict performance of any provision of this Agreement, or to
exercise any right or remedy arising because of a breach, is not
a waiver of that breach or any other covenant, duty, agreement,
or condition. Any extension or waiver by Us of any provision in
this Agreement will be valid only if set forth in writing signed
by Us. This Agreement may not be amended or modified except by a
written instrument executed by all of the Parties.
- (d) Interpretation. No provision of this Agreement may
be interpreted for or against any Party on the basis that it
drafted such provision, and no presumption or burden of proof
may arise disfavoring or favoring any Party because of the
authorship of any of the provisions of this Agreement.
- (e) Severability. If any provision of this Agreement is
determined to be invalid, illegal, or unenforceable in any
respect for any reason, the validity, legality, and
enforceability of that provision in every other respect and the
remaining provisions of this Agreement will not, at the election
of the Party for whose benefit the provision exists, be in any
way affected or impaired.
- (f) Applicable Law. This Agreement will be governed by
the laws of the State in which the Property is located without
regard to the choice of law or principles of conflict of law.
- (g) Disputes.
- (1) Mediation. If a dispute arises out of or relates
to this Agreement, or a breach of this Agreement, which the
Parties cannot settle through negotiation (Dispute),
the Parties will first try in good faith to settle the dispute
by mediation administered by the American Arbitration
Association (AAA) under its Commercial Mediation
Procedures before resorting to arbitration, litigation, or
some other dispute-resolution procedure. Mediation will take
place in the State in which the Property is located.
- (2) Arbitration. Any Dispute which the Parties cannot
resolve through mediation with AAA will be settled by
arbitration administered by the AAA in accordance with its
rules. The arbitrator selected by You and the arbitrator
selected by Us will, within 10 days of their appointment,
select a third neutral arbitrator. If the arbitrators selected
by the Parties are unable or fail to agree upon the third
arbitrator, the AAA will select the third arbitrator. Before
commencement of hearings, each of the arbitrators appointed
will provide an oath or undertaking of impartiality.
Arbitration will take place in the State in which the Property
is located. Judgment on the award rendered by the arbitrators
may be entered in any court having jurisdiction. References in
this Agreement to the possibility of resolving a Dispute with
an action or proceeding other than arbitration (for example,
in Section 11(h) Jurisdiction) are merely meant to express the
Parties' intent to be as inclusive as possible, are not
intended to permit resolution of a Dispute other than by
- (h) Jurisdiction. The Parties will bring all actions in
law, equity, or otherwise arising under this Agreement (or
related to the transactions contemplated in this Agreement) and
which are not otherwise required to be arbitrated (if any),
exclusively in the federal or state courts sitting in Honolulu,
Hawaii, and in no other jurisdiction or venue. Each Party
consents to the jurisdiction of such courts. You further agree
that personal jurisdiction over You may be effected by service
of process by registered or certified mail addressed to the last
address that You provided to Us, and that when so made will be
as if served upon You personally within the State of Hawaii.
- (11) Hawaii. The provisions of this Hawaii Section
apply only if the Property is located in Hawaii, in which case
this Hawaii Section will control over any other provisions in this
Agreement which conflict with this Hawaii Section.
- (a) Trust Account. We may place any or all of the funds
You pay under this Agreement in an interest-bearing trust
account. We may remove any Nonrefundable Reservation Fees, and
any other fees or amounts after they are earned from time to
time, from such account at any time. The funds may be commingled
with the funds of others deposited in that account. Interest
that accrues on those funds will be for the benefit of, and will
be paid to, Us. You will not be responsible for any
- (b)Service of Process. TThe name and address of the
Principal Broker who is designated to act on the Property Owners
behalf and who is authorized to manage the Property is:
Wally Engstrom, Principal Broker
75-1029 Henry Street, Suite 103, Kailua-Kona, HI 96740
- (c) Local Contact. The name and address of the person
residing on the island where the Property is located who is
designated to act on the Property owner's behalf is set forth in
the Confirmation Email.
- (d) Security Deposit. If We propose to retain any amount
of the Security Deposit, We will notify You, in writing (unless
You wrongfully quit the Property), together with the particulars
of and grounds for the retention, including written evidence of
the costs of remedying Your defaults, such as estimates or
invoices for material and services or of the costs of cleaning,
such as receipts for supplies and equipment or charges for
cleaning services. We will return the Security Deposit (or the
portion of the Security Deposit remaining after We have claimed
and retained authorized amounts, if any) to You not later than
14 days after the termination of this Agreement. If You cancel
Your reservation before the Check-In Date, We will return the
Security Deposit to You within 14 days after cancellation.
- (e) Disputes (Hawaii). If the Property is located in
Hawaii, this Disputes (Hawaii) Section will control over Section
- (1) Mediation (Hawaii). If a Dispute arises which the
Parties cannot settle through negotiation, the Parties will
first try in good faith to settle the dispute by mediation
administered by Dispute Prevention and Resolution Inc., a
Hawaii corporation (DPR) before resorting to
arbitration, litigation, or some other dispute-resolution
- (2) Arbitration (Hawaii).
- (A) Any Dispute which the Parties cannot resolve
through mediation with DPR will be submitted to binding
arbitration administered by DPR, under the then-current
Arbitration Rules, Procedures and Protocols of DPR (DPR
Rules), including the Deadline-Driven Arbitration
Procedures contained in the DPR Rules, to the extent they
are consistent with this Arbitration (Hawaii) Section.
Mediation will take place in Honolulu, Hawaii. References in
this Agreement to the possibility of resolving a Dispute
with an action or proceeding other than arbitration (for
example, Section 11(h) Jurisdiction) are merely meant to
express the Parties' intent to be as inclusive as possible,
are not intended to permit resolution of a Dispute other
than by arbitration.
- (B) A Party may initiate arbitration by giving the
other Party written notice of submission of a Dispute to
arbitration (Arbitration Demand). Upon receipt of an
Arbitration Demand, the Parties will use their best efforts
to agree upon and retain a single arbitrator from DPR's
panel of neutral arbitrators. If the Parties cannot agree
upon and retain a single arbitrator within five days after
an Arbitration Demand is received, then the President of DPR
will select the arbitrator.
- (C) Notwithstanding anything in the DPR Rules to the
contrary, the arbitration will be conducted on an expedited
basis so that the hearing will take place in Honolulu,
Hawaii within 60 days of the receipt of the Arbitration
Demand, the hearing will not exceed 10 days, and the
arbitrator will issue an award within 30 days of the
hearing. The award may include declaratory relief,
injunctive relief, or specific performance except as
otherwise prohibited by this Agreement and will be binding
and non-appealable. Judgment may be entered upon any award
made in arbitration by the Circuit Court of the First
Circuit of the State of Hawaii as provided by statute, which
judgment will not be subject to appeal.