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Mauna Kea Rental Agreement

Vacation Rental Agreement

This Rental Agreement (Agreement) contains the complete agreement by the owner of the Unit specified below (Owner), through Owner’s managing agent MAUNA KEA RESORT SERVICES, LLC (Manager), and the renter for the rental of the Unit pursuant to the terms and conditions set forth in this Agreement.
 
You acknowledge and agree that if the Unit you select when you made your reservation becomes unavailable for any reason, Manager has the right, and will make reasonable efforts, to place you in an alternate unit of the same type and to inform you of the alternate unit before you arrive.      
GUEST RESERVATION

(a)  Rental Payments; Cancellation Policy.  A deposit of 50% of the full rental amount will be required upon booking your reservation.  The final payment is due 30 days prior to the Arrival Date, at which time the full rental amount is non-refundable, except for reservations between 12/20 and 1/1 (Holiday Period) which require final payment be made on or before 10/1, at which time the full rental amount is non-refundable.    Payment in US Dollars may be made by any major credit card or personal check. 

A request to cancel your reservation must be provided in writing in advance of your Arrival Date.  If you cancel prior to when final payment is due, the 50% deposit will be refunded less a $250 cancellation fee.  If you cancel after the final payment due date, all amounts paid prior to cancellation will be non-refundable.  If, however, your preferred Unit becomes unavailable for any reason, and you are not able to book an alternate unit of your choosing, you may cancel your reservation and any amounts you have paid will be refunded.  Neither Owner nor Manager will be responsible for any costs or expenses you incur as a result of a cancellation.     

(b)  Check-In and Check-Out Times.  Check-In Time is 4:00 p.m and Check-Out Time is 11: 00 a.m. (both times are Hawaii Standard Time).   Any deviations from the Check-In Time and Check-Out Time are subject to the prior approval of Manager, which approval may be granted or withheld in the Manager’s sole and absolute discretion.  Please notify the Front Desk of your arrival and departure information as soon as your travel arrangements are confirmed.

(c)  Late Arrivals and Early Departures.  IN THE EVENT THAT YOU AND/OR ANY OF THE AUTHORIZED OCCUPANTS ARRIVE AFTER THE ARRIVAL DATE OR DEPART PRIOR TO THE DEPARTURE DATE, NO REDUCTIONS OR REFUNDS WILL BE GRANTED.

(d)  Credit Card Guarantee.  A Credit Card guarantee will be taken when you check in.  The costs and expenses incurred by the Manager to repair the Unit, its furniture, fixtures, and equipment or other items, or to replace any of the Unit’s items, due to damage or breakage during your occupancy will be charged to the credit card on file.  If after your check-out, more than the normal post-occupancy cleaning is required to put the Unit in as clean a condition as existed on the Arrival Date, normal wear and tear excepted, the costs and expenses of such cleaning will be charged to the credit card on file. 

(e)  Taxes.  The State of Hawaii general excise tax (currently 4.712%), transient accommodations tax (currently 10.25%), and Hawaii County Tax (currently 3%) will be payable on the rental amount and other fees and charges.   

STANDARD TERMS

(a)  Use of the Unit.  You and the other occupants may use the Unit only for residential purposes.   

(b)  Pools and Spas.  If the Unit has, or has access to, a pool and/or spa, you, on behalf of yourself and the other occupants of the Unit, acknowledge that no lifeguard or other attendant will be present, and you acknowledge and agree that there are open and obvious risks associated with the pool and/or spa and that you intentionally and knowingly assume the risks associated with the pool and/or spa, which risks include but are not limited to, slipping, falling, drowning, paralysis or death (collectively, “Damages”).  You further agree to indemnify and hold Owner and Manager harmless from and against any and all claims, demands, suits, or judgments that may arise from the use of the pool and/or spa by you and all other occupants of the Unit, unless such Damages are caused by the willful act or omission, or gross negligence, of Owner, Manager, or their respective agents, employees, officers, or representatives.   

(c)  Compliance with Laws and Rules.   You, on behalf of yourself and the other occupants of the Unit, agree to comply with all laws and rules that apply to the Unit and to your use of the Unit including (i) all by-laws, house rules and other rules, (ii) any federal, state or county laws, ordinances, rules and orders, and (iii) any other restrictions.  You hereby acknowledge receipt of a copy of the Vacation Rental Rules, and hereby agree that you and the other occupants of the Unit will comply with the conduct required of occupants of the Unit as stated therein.   The Vacation Rental Rules are a part of, and incorporated in, this Agreement.

(d)  Access Devices Replacement.  During your stay, you will be charged $400 to replace a lost key or re-key the lock to the Unit; $100 for a garage door opener replacement; and $100 for each lost resort card.  In addition, a lost key/remote control/card fee may apply.   
 
(e)  Unit Repair; Unit Condition.  You will immediately notify the Front Desk of any theft, fire, water leaks, or mechanical malfunction indoors or outdoors, as well as a loss of keys, other access devices or breaches of security.  In the event of the malfunction of a mechanical device or appliance during your occupancy, Manager shall have a reasonable period of time to replace or repair the device or appliance, during which period this Agreement shall remain in effect.  You may be assessed a charge if Manager determines, in its sole discretion, that any of the Unit’s beds, furnishings, carpeting, upholstery, drapes, linens and other items must be removed due to smoke/incense odor, or excessive soiling or staining that occurs during your occupancy.
 
(f)  Manager Access to Unit.  Except in the case of an emergency, Manager will give you reasonable advance notice prior to entering the Unit for inspection and/or repair.  You may NOT forgo mandatory routine weekly scheduled services, including, but not limited to, housekeeping, pool service, gardening and plant care, as these are necessary for the normal upkeep of the Unit.
 
(g)  Guests’ Property.   Owner and Manager are not responsible for the theft of your and other occupants’ property from any location, or for personal property that you may leave behind that cannot be located.  You and all other occupants and invitees bear the risk of damage and loss of any personal property that may, and does, occur.    
 
(h)  Insurance.  You acknowledge and agree that Owner’s and Manager’s insurance do not cover your belongings or damage that you cause.  You further acknowledge and agree that Owner and Manager are not responsible for any loss of or damage to your property or that of other occupants or invitees during your occupancy of the Unit.  You agree to bear full responsibility for the damage, loss or theft of your property, including damage from fire, water, or any other cause, whether or not you have insured such property. 
 
(i)  Utility Charges.  Monthly rentals will be assessed a utility surcharge equal to the actual cost of electricity and gas bill plus general excise tax and transient accommodations tax.
 
(j)  Housekeeping.  The Unit will be cleaned prior to your check-in.  You are responsible for the departure cleaning fee, which will be collected when you book the Unit.  Additional housekeeping service, at your cost, can be arranged by calling the Front Desk.  
                                                                                                                 
(k)  Linens; Supplies.   Bed linens and towels are provided in the Unit.  You are responsible for any supplies that you may need, or you may make arrangements for a shopping service, at your cost, through the Front Desk.  
 
(l)  Telephone Calls.  There is no charge for local (Big Island) telephone calls.  Please charge all off-island telephone calls to your credit card or home/business account.  Should you make any long-distance calls without billing them to another card or number, you will be charged a $50.00 service fee in addition to the amount of such calls.  With mobile phones being commonplace, some residences may not have phone service at the property.  Please check with the front desk to confirm telephone service prior to arrival.
 
(m)  Television.  The Unit includes a television.  If you select a pay-per-view service, you will be charged a $100 service fee in addition to the cost of the service.  Television programming may be provided through local companies and/or streaming services.  Please check with the front desk to confirm programming availability prior to arrival.
 
(n)  Neighborhood Construction.  Owner and Manager are not responsible for any construction noise or inconvenience that may occur during your stay.  No refunds will be given on this account.  You may call the Front Desk ninety (90) days prior to your arrival to verify any construction in the neighborhood and choose to cancel at that time.

(o) No Smoking; No Pets:  Smoking in and around the Unit, the Unit’s lanais and surrounding lands, is prohibited at all times.  Pets and other animals (other than those assisting disabled persons or needed for legitimate medical purposes as evidenced by a doctor's letter reasonably acceptable to Owner and Manager) are not allowed in or around the Unit or its surrounding lanais and land at any time.

 
(p)  Pests.  The Unit is treated on a regular basis for pests; however, pests are a normal part of life in the tropics.  Please call the Front Desk if you are experiencing any pest problems.
 
(q)  Pre-Arrival Inspection.  Prior to your check-in, Manager will inspect the Unit and inventory the Unit’s contents, including but not limited to the furnishings, FFE and other on-site property. The Unit condition, inventory and décor may be different than that shown in any sales or marketing materials.  Owner and Manager do not warrant the appearance, condition or contents of the Unit.

For reservations of 30 or more days, Manager will prepare an inventory and condition report, which will be provided to you when you check-in.  You should carefully review the report.  Upon completing your review, you will be required to sign the report.  A copy of the signed report will be provided to you.  The report will evidence the parties’ agreement regarding the condition of the Unit, the items in the Unit and the condition of the items as of the Arrival Date. 

(r)  Guest Departure.  On the Departure Date, you must leave the Unit in the same condition that existed on the Arrival Date, and the contents of the Unit must be present and in the same condition as existed on the Arrival Date, all excepting for pre-existing defects and normal wear and tear.  When you vacate the Unit, you must take all your belongings with you.  If you leave any belongings behind, they will be stored for 30 days at your expense.  After 30-days, the items will be forfeit.  

(s)  Wrongful Departure.  If you wrongfully quit, abandon or otherwise vacate the Unit before the Departure Date and you leave any of your personal property that Manager determines to be of value, Manager may store, sell or donate the items, but Manager will first notify you in writing.  After 15 days, Manager may advertise the items for sale or may donate the items to a charitable organization.  Any proceeds from a sale, after expenses, will be held for 30 days and will thereafter be forfeited.  If Manager determines that the property is of no value, Manager may dispose of such property without further notice or liability.

(t)  Default/Remedies.  If you violate any of the terms and provisions of this Agreement, Manager reserves the right to immediately terminate this Agreement and evict you and all other occupants.     Upon termination, all rental amounts paid are forfeit and the Security Deposit will be subject to Section 13(d) of this Agreement.  You hereby agree that any fines or other charges, costs or expenses associated with these violations will be in addition to the forgoing amounts and chargeable to your credit card.
 
(u)  No Assignment or Subletting.  This Agreement may not be assigned and the Unit may not be sublet without prior written approval of Manager, which approval may be withheld in Manager’s sole and absolute discretion. 
 
(v)   Owner/Manager Liability and Indemnification.  Owner and Manager will not be liable to you or any other person for any damage or loss arising from: any service provided under this Agreement; or electricity, plumbing, gas, water, air conditioning, sprinkler or other pipes and sewage systems, or the loss, interruption, or stoppage thereof, or by the bursting, leaking, overflowing or running over of any tank, washstand, water closet, waste or other pipes in or on the Unit; or water coming into the Unit from any source whatsoever; or any acts or negligence of any occupants of, or any other persons in, on, or about the Unit or any adjacent property, or of the public, unless such damage or loss results from a willful act or omission, or the gross negligence, of Owner or Manager or a representative, agent, officer, or employee of Owner or Manager.  Furthermore, Owner or Manager will not be liable to you, other occupants or invitees for any loss, damage or injury, or any claims or demands therefor, to you or any person or property arising out of the use or occupancy of the Unit, unless such loss, damage or injury results from a willful act or omission, or the gross negligence, of Owner or Manager, or a representative, agent, officer or employee of Owner or Manager.  You agree to indemnify and hold Owner and Manager, jointly and severally, harmless against and from all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from the occupancy of the Unit by you, the other occupants, and invitees, unless the damages result from a willful act or omission, or the gross negligence, of Owner or Manager, or a representative, agent, officer or employee of Owner or Manager.  You acknowledge and agree that your reservation for, and occupancy of, the Unit is conditioned on the express and knowing assumption of all risk, responsibility, and liability by all occupants and invitees for their own decisions and actions, and for their personal safety and that of their property, even in the absence of further disclosures, instructions, house rules or warnings.  This Agreement is not intended as a full list of all possible risks.
 
(w)  Governing Law.  This Agreement is governed by the laws of the State of Hawaii. 
 
(x)  Dispute Resolution.  In the event of any controversy or claim arising from this Agreement, you and Owner agree resolve the dispute through binding arbitration.  The place of arbitration shall be the City and County of Honolulu, State of Hawaii, and the arbitration shall be conducted by a single neutral arbitrator operating under the auspices of Dispute Prevention and Resolution, Inc. (DPR, Inc.) in accordance with Chapter 658A of the Hawaii Revised Statutes and the then-existing rules of DPR, Inc.  For purposes of any claim concerning this Agreement, you are the sole occupant with legal standing under this Agreement.  You acknowledge and agree that you are responsible for informing all other occupants and invitees of the terms, conditions, house rules, and disclosures referenced in this Agreement, or otherwise provided to them either orally or in writing.

(y)  Miscellaneous.  (i) This Agreement constitutes the entire understanding of the parties hereto with respect to the matters described herein, and all prior agreements, understandings representations and statements, oral or written, are hereby replaced, superseded and otherwise nullified by this Agreement; (ii) no change, amendment, or modification to the terms hereof shall be valid unless reduced to writing and signed by the parties hereto; (iii) this Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument; (iv) the submission of a signature page transmitted by facsimile or e-mail shall be considered as an “original” signature page for purposes of this l Agreement; (v) section headings used herein are for convenience only and are not a part of this Agreement and shall not be used in construing it; (vi) the provisions of this Agreement are severable, and if any one or more provisions may be determined to be unenforceable, in whole or in part, the remaining provisions, and any partially enforceable provisions, to the extent enforceable, shall nevertheless be binding and enforceable upon the parties hereto; (vii) the waiver by either party of any breach of any term, covenant or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or of any other term, covenant or condition hereof; (viii) this Agreement shall be binding upon and inure to the benefit of and be enforceable by the respective parties hereto and their respective successors, heirs, legal representatives, and assigns; (ix) wherever the content of this Agreement so requires, the singular shall include the plural, the plural the singular; (x) you are solely responsible for the full payment of rental amounts, charges and other costs and expenses as requested or incurred even if other persons agreed to pay you all or any portion of said charges and subsequently fail to do so; (xi) use of the words “you”, “your”, or “Guest” means the person(s) completing and signing this Agreement; (xii) “Manager” means Mauna Kea Resort Services LLC and its officers, directors, employees and agents; (xiii) “Owner” means the owner of the Unit; (xiv) “Unit” means the rental property you are occupying under the terms of this Agreement.

(z)  Owner-Manager Relationship.  Manager acts as agent for Owner of the Unit and is not responsible for the acts or omissions of Owner.  Manager represents that it has the right to enter into this Agreement for and on behalf of Owner, that it is located on the Island of Hawaii with a business address of 62-100 Kauna’oa Drive, Kohala Coast, HI 96743 and local telephone of 808-880-3490. 


CREDIT CARD GUARANTEE & AUTHORIZATION 

The Credit Card Guarantee & Authorization is required even if you pay by cash or check.  You warrant that you are the cardholder and that the information and signature below are the same on the credit card and are true and correct.  You authorize Manager to charge the credit card for the payments required under this Agreement and for incidental services you and/or the other occupants of the Unit and the invitees thereof incurred at Mauna Kea Beach Hotel and The Westin Hapuna Beach Resort outstanding at Check-Out Time.  Please complete the information below for billing purposes:
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Signature of
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ACCEPTANCE OF RENTAL AGREEMENT:

Guest(s):
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Signature of
MANAGER:                         Mauna Kea Resort Services, LLC,
                                                a Hawaii limited liability company


This Agreement has been reviewed by:  Dan Scholz, Principal Broker with Mauna Kea Resort Services, LLC, whose mailing address is 62-100 Kauna’oa Drive Kohala Coast, HI 96743.