Mahana Resort #804

Rental Agreement

This Rental Agreement (“Agreement”) is entered into by the undersigned guest (“Guest” or “you” or “yours”) and (“Manager”). You understand that Manager is the designated agent of the owner of the Unit (“Owner”) and is signing this Agreement as the agent of the Owner, and on behalf of and with authority from the Owner. This Agreement incorporates by reference the terms and conditions set forth in your Deposit Confirmation Letter.

Deposit Policy & Cancellation: To secure a reservation, a 3 night deposit per unit is required at time of booking. Final payment is due 45 days prior to arrival. For all reservations made within 45 days of arrival, full payment is due at time of booking and becomes non-refundable and non-changeable at that point.  All monies are forfeited if cancelled less than 45 days prior to the arrival date, unless the unit is re-rented*. For all reservations cancelled after receipt of the deposit, there will be a $100 cancellation fee.

**There is a 7-night minimum for all reservations between December 16 – January 10.

**In the event of a cancellation, no refund of rents will be made until after the period is re-rented and confirmed. If the period is re-rented at the same rate as the original lease of the original guest, all monies are refunded less the $100 cancellation fee.  However, if the rental rate is negotiated to a lower rate or rented for a less time period, the original guest will only be refunded the lower (or lesser) rental amount as owners are to receive the full amount of the original lease.  Chase ‘N Rainbows will make every effort to re-rent the property at the full amount.  Trip Insurance is non-refundable, however cleaning and damage waiver fees may be refundable.  initials_____________

House Rules: A full listing of the House Rules pertaining to your condo/property is attached to this rental agreement and is also located in the red binder left open on the dining table when you enter the unit upon check in. Please review these house rules as there may be warnings followed by penalties if violated. 

This reservation is for quiet residential vacation accommodations only. Therefore, parties, receptions, luaus, events, and gatherings of any kind are strictly prohibited. No additional people beyond the maximum occupancy of the condo are allowed on the rental property at any one time.

Check-In is after 3:00 pm local time. Check Out is required by 11:00 am on the day of departure. Manager will use commercially reasonable efforts to have the premises ready for your occupancy at check-in time, but cannot guarantee the exact time of occupancy.  If you are in the room after check-out time there will be a charge equal to one night’s rent plus tax assessed. No late check-outs.

Keys/Lockout Policy: Your check-in instructions with either a key code or key release request form will be provided to you via e-mail prior to your arrival.  It is your responsibility to bring this information with you.  In the event a guest is locked out of the unit during the rental period, the guest may obtain a key by coming to our office in Lahaina.  After business hours, the guest must call our after-hours emergency line at (808) 870-6181 for assistance and an agent will meet the guest at the unit.  There will be a $50 charge for this service, and this is due at the time service is rendered.  There will be a $20-25 charge for any lost keys.

Lost and Found Items: We are not responsible for lost items. A $20.00 handling fee, plus postage, will be assessed for all lost & found items that have been recovered and returned to the guest. Neither Manager nor the owner of the unit will be responsible for any lost, stolen or damaged items.

Damage/Loss/Disturbance Policy: The guest understands that the condition as well as the furnishings will vary in each rental according to the Owner’s taste. All of the rentals are equipped for housekeeping with dishes, cookware, silverware and glasses.  Please do not remove any furnishings, equipment or items from the unit, including any linen, dishes or other items from the unit.  Locked areas such as Owner’s personal storage areas are exempt from this agreement and are off limits to Guest.  Guest understands that the condo is a privately owned dwelling with the Owner’s furnishings and neither the Manager nor the Owner shall be responsible for providing any additional furnishings or equipment. Guest will be solely liable for any additional costs, charges or expenses resulting from any damage, lost or stolen items or excessive check-out cleaning. initials_____________

Manager will use its best efforts to ensure that all equipment within the unit is in good working order, although neither Manager nor Owner guarantees that any equipment will not break down during your stay. In the event of a breakdown, Manager will use commercially reasonable efforts to remedy the situation as soon as possible after notification of the breakdown.   Additionally, such a breakdown does not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustments will be made for any such mechanical failure.

Any issue that Guest has with the unit shall be immediately reported to Manager via the phone number listed in the rental unit’s directions and entry instructions.  Guest understands that Manager and Owner shall have a commercially reasonable amount of time to restore rental to acceptable conditions, and that any issues presented to Manager by Guest after check-out cannot be remedied and shall not constitute a breach of this Agreement or give the Guest any right to any refund or rental adjustment. initials_____________

Guest understands that there is no guaranty that properties adjacent to the unit and/or resort will be free from disturbances, including but not limited to noise or inconvenience from construction, traffic or other guests or neighbors, and any such disturbance shall not constitute a breach of this Agreement or give Guest the any right to any refund or rental adjustment.    http://www.westmauicondos.com/content/maintenance-and-construction-schedule

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Guest also understands that Hawaii is located in a tropical climate, and that insects, rodents and lizards flourish in this environment. In addition animals’ native to Hawaii, including but not limited to the mongoose, feral cats or chickens. Although Manager will use its best efforts to hold interactions with these critters during your stay, Guest understands that any contact by Guest with such a pest/bird/animal within or outside the unit does not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustment.

In the event that a rented premise become uninhabitable prior to the rental period, or in the event of an error in reservation procedure or change in the ownership which precluded occupancy by Guest, the Manager reserves the right to effect appropriate corrective action without loss to Manager. Liability to Owner/Manager is limited to rental monies paid by Guest.  Notification of such corrective action will be provided to Guest at the earliest possible time.

Guest understands that in the event a condo becomes uninhabitable the manager reserves the right to relocate Guest to a different property within the Manager’s rental program or that of another program.  Commercially reasonable efforts will be made to ensure that the replacement property is reasonably comparable to the original rented property.  Manager shall have the sole right to select such replacement property.  In such an event the Guest has the option to: (1) accept the replacement property and pay any additional monies that are owed as the case may be or (2) reject the replacement property and receive a refund off all rentals and fees paid for original property.  You hereby agree that your choice between these alternatives will be your sole remedy for any and all damages, liability or inconvenience arising out of relocation as defined herein.

Guest understands that they are responsible for all internet activity where applicable and agree that no illegal copyrighted materials may be downloaded.  Tenant understands that no refunds will be given for Internet connectivity issues or lack of service.

Guest understands that there are no refunds due to inclement weather including hurricanes and floods.    Manager shall not be liable for events that may interfere with your schedule occupancy including but not limited to Acts of God, acts of government agencies, fire, strikes, terrorism and war. Trip Cancellation Insurance is available, and we strongly suggest you purchase this coverage.

Guest understands that they may not sublet or assign this Agreement.  Guest agrees that they will not permit the use of the property for any unlawful or disorderly purposes, nor commit or permit a nuisance to be committed therein.  No illegal firearms, explosives or fireworks of any kind are permitted on any property or vacation rental.

NO SMOKING: The Hawaii legislature enacted State Law 295, effective November 16, 2006, which prohibits smoking in all enclosed or partially enclosed areas open to the public. Violations will result in fines.  All Chase ‘N Rainbows units are subject to this new law. Privately owned properties which are occupied by full or part time owners are exempt from this law and are at some properties are allowed to smoke inside of their condo.

Miscellaneous: This Agreement shall be governed by the laws of the State of Hawaii. Any dispute regarding performance or interpretation of this Agreement shall be held resolved by arbitration in accordance with Hawaii law before a single arbitrator in accordance with the prevailing commercial arbitration rules of Dispute Prevention Resolution, Inc. with the arbitration proceeding to be situated on the island of Maui; provided, however, that the arbitrator shall limit the proceedings in its discretion according to the economic nature of the dispute and that Owner or Manager may maintain an action in a court of competent jurisdiction in Hawaii with respect to any eviction or collection matter relating to this Agreement and for any injunctive relief required by Owner or Manager. The prevailing party in any such dispute shall be entitled, in addition to damages, to reasonable attorneys’ fees and costs. If any portion of this Agreement shall be invalid, void or unenforceable, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other portion hereof. Any and all claims by Guest against either/or Manager or Owner for costs, expenses, or damages of any nature shall be limited to the rental amount of Guest’s stay, and Guest shall not be entitled to any consequential damages of any sort. Any unauthorized stay-over in the Unit will entitle Owner to two times the rental amount, in addition to any other damages incurred by Owner.   initials_____________

Please review this Rental Agreement (“Agreement”) in its entirety. It will govern your rental arrangement and legally binds you (“Customer”) to the terms set forth above. This rental is conditioned expressly upon your acceptance without modification of the terms, conditions, and notice requirements set forth above.

I have read the Chase ‘N Rainbows Real Estate, Inc. Rental Agreement listed above. I agree and accept the terms of the Rental Agreement and to the Itinerary, Unit Amenities, Payment Schedule, and Charges as listed on the confirmation letter. I am also aware that my credit card will be charged for any additional incidental expenses incurred.

________________________               ______________________          

Signature                                                                                      Print name

 

Date  ____________                   Reservation number______________

 

Please provide the cell # that you will be traveling with:  ________________

 

A HAND WRITTEN SIGNATURE IS REQUIRED ON THIS FORM. Please return via fax to (808)568-0133. Your check in instructions will not be sent until this signed acknowledgement is on file.

 

To help our housekeeping department please state your flight arrival time ____________ and departure time _____________

 

Travel Insurance:  Because your condo reservation is non-refundable once paid in full, it is highly recommended that the guest purchase Optional Travel Insurance.  The cost of the coverage is 6.95% of the rent and taxes.

 

Purchase Travel Insurance:  Yes or No ______________________

01/04/2019 4:15 pm

 

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