Owners/Managers: Emmy Chen KonaHome Vacation

It is hereby agreed that (Owners & Managers) Emmy Chen, hereinafter called LANDLORD, will let and lease the premises to all parties listed hereinafter called TENANT. The premises will be used for private residential purposes only and occupied by no more than the maximum number of people in the reservation.

Confirmation and deposit policy: The reservation will be confirmed upon deposit receipt. Upon deposit payment, the landlord will send a confirmation email stating that the tenant is booked for the specified dates. The remaining balance is due 90 days before arrival.

Cancellation policy: The cancellation policy is non-refundable, including changing reservations to different dates. Failure to make timely payments as required herein will result in lease cancellation and forfeiture of funds. It is highly recommended that you purchase travel insurance.

This agreement consists of two parts: Part (1) one Guest reservation and part (2) two Lease agreement. TENANT has read all the above listed and represents that we/I are executing on behalf of all of the parties listed herein and agree to all of the terms and charges stated and warrant that the lease and release of liability agreements have been duly agreed to and executed adequately by all guests. TENANT hereby agrees to abide by the terms and conditions stated herein.

Maximum Occupancy: Only the individuals specifically registered at the end of this document shall occupy the premises at any time. Children are counted in the total occupancy. Over-occupancy is a material violation of this lease agreement. If you bring more guests than the number of registered guests, you will be charged $500 per person per night. Otherwise, a $2000 per night fine will be applied to your reservation.

Parties or events: The property is not open to parties, events, or visitors without the owner's explicit written permission. At any time, the number of guests in the reservation may not exceed the number on the premises.

Quiet Hours: Quiet hours are from 9 p.m. to 8 a.m. daily. If you violate this rule, a $1000 fine will be applied to your reservation. Repeated violations may result in eviction from the rental property.

Disturbances: The premise shall not be used in such a manner as to generate noise (including loud music) that will disturb neighbors, nor will neighbors be harassed or bothered in any way.

Check-In: The tenant agrees that rent commences no earlier than 4 p.m. on the day and date indicated in part one. If the house is ready, early check-in may be permitted, but it must be prearranged with the landlord. The additional fees for early check-in are $199 for a 2 p.m. check-in, $399 for a 12 p.m. check-in, and $599 for a 10 a.m. check-in.

Check-Out: TENANT agrees to vacate the premises at 11 am on check-out day. TENANT's security deposit shall be forfeited if you do not vacate the premises by 11 am unless otherwise agreed to in writing. Late check-out may be permitted if no new tenant arrives on the same day. Late check-out must be pre-arranged with LANDLORD. The additional fees for late check-out are $99 for noon check-out, $299 for 2 pm check-out, $499 for 4:00 pm check-out, $599 for 6 pm check-out, and $699 for 8:00 pm check-out.

Before departing, remove all trash, place it in plastic garbage bags in proper outside garbage cans, start laundry, load the dishwasher, and leave the home tidy and orderly.

Door code: Around 7 days before arrival, TENANT will receive a welcome letter. Included will be the street address of the house and the code to the door lock.

Household Supplies: The owners will provide only an initial supply of hand soap, dishwashing detergent, laundry detergent, paper towels, toilet paper, and garbage bags. If you run out of any supplies, please purchase them yourself. Daily maid service, household supplies, lei greetings, baggage handling, food, liquor, personal items, and laundry service are not included, although there are laundry machines in the residence for your use.

Children: All children shall be supervised at all times. Severe injury and death can result from failure to properly supervise children. TENANT alone is responsible for child safety.

No smoking: Smoking is strictly prohibited at home, on the lanai, and in the pool area.

Pets: Pets of any kind are NOT allowed anywhere on the premises.

Vehicles: No more than three (3) vehicles shall be parked on the premises at any time.

Alterations: No alterations shall be made to the premises, nor locks installed anywhere.

Wear & Tear: TENANT agrees to maintain the premises in the same condition as when received and will not allow any waste, misuse, or neglect. Should any waste, misuse, or neglect occur on the leased premises, it will be the TENANT's sole responsibility.

Cleanliness: The premises shall be kept clean, healthy and safe, with no unsafe or unsanitary conditions. No junk or garbage will be allowed to accumulate on or near the premises. Care share be taken not to damage the sofa seat cushions with sand, wet or soiled clothing, or swimsuits. Beach towels shall be placed on all cushions to prevent soiling from suntan oils.

Bugs: Hawaii is a warm tropical island, and insects are common. We treat the house regularly, encourage our guests to keep food sealed or in the refrigerator, and empty the trash daily. Upon request, we can provide additional spraying. Insects are an unavoidable part of the environment, so we do not offer refunds because of the presence of insects.

Furnishings: TENANT agrees not to move or alter any of the furnishings and shall use them only for intended purposes. TENANT shall be solely responsible for replacement value for any damage or destruction to furnishings on the leased premises.

Repairs: If any repairs are necessary, the LANDLORD or the designated property manager will be notified as soon as possible.

Failure of A System, Appliance or Amenity: In the event the premises sustains a failure of a system, amenity or appliance – including but not limited to water, sewer, electrical, mechanical, or structure system, spa, electronic or entertainment equipment or service neither the LANDLORD, Owner, their employees, agents, or contractors, or property managers shall be liable to TENANT in damages and no refunds will be given for such failures. However, upon being notified of any malfunction, the LANDLORD will make a reasonable effort to promptly repair or replace the failed system or advertised equipment. The salt air from the ocean inflicts tremendous strain on systems, equipment, and appliances. This coupled with the difficulty of getting parts to this remote island can be time consuming and frustrating. TENANT understands and accepts the fact this property is leased for its tropical appeal and not its modern convenience, and therefore some systems, amenities and appliances and may not be fully functional at all times. It may be unreasonably difficult or impossible to get malfunctioning system, amenity, or appliance operating within the lease period.

TENANT's Personal Property: TENANT's personal property and effects are the TENANT’S sole responsibility thought the tenancy. LANDLORD’s insurance will not cover TENANT's personal property and TENANT agrees to carry his/her own insurance on such property and personal effects. All personal property of the TENANT on said premises shall remain his sole responsibility and risk, and the owner and agent shall not be liable for any damages to, or loss of such personal property arising from any acts or negligence of any other person, nor from the leaking of the roof, or from bursting, leaking or overflowing of water, sewer, or from plumbing fixtures, or from the handling of electrical wires or fixtures. TENANT expressly agrees to hold the owner and agent harmless in all such cause and events.

Site Conditions and Noise: LANDLORD shall not be liable for events beyond their control which may interfere with TENANT's occupancy, such as acts of God, acts of governmental agencies, fire, strikes, war, inclement weather and construction noise from nearby sites.

Travel Insurance: TENANT agrees that LANDLORD shall not be liable for travel disruptions, TENANTs personal property or illness or injury. TENANT is strongly encouraged to purchase a Vacation Insurance Policy.

Right of Property: The LANDLORD, his agents or representatives shall have the right to enter (after 24 hours notice) the premises during reasonable hours to inspect, make alterations and or repairs, or to provide maintenance, as LANDLORD may deem appropriate. TENANT acknowledges that routine care taking and grounds maintenance may occur periodically during the lease period.

Abandoned Personal Property: When the TENANT vacates or abandons the property any personal property left behind on the premises shall be deemed abandoned by the TENANT and LANDLORD shall not be held responsible. During TENANT’s occupancy, TENANT is solely responsible for the security of all of TENANT’s personal property, and the LANDLORD shall not be in any way liable for loss, theft or damage of the same. If you leave something behind we will make a reasonable effort to locate it and return it to you. Items unclaimed after thirty days will be donated to charity.

Damage Insurance is required for all reservations. The $89 damage insurance will cover up to $1000 non-intensional damage. The insurance will not cover intentional acts. For non-intensional damage over $1000, If the TENANT has provided a credit card, the TENANT hereby authorizes the LANDLORD to charge these charges to his/her account.

Indemnification and Hold Harmless: TENANT agrees to indemnify and hold harmless owner landlords and their representatives from and against any liability for personal injury or property damage sustained by any person (including TENANT's guests) as a result of any cause, unless caused by the gross negligence or intentional willful act of the Owner/ Landlord.

Assignment: TENANT may not assign this lease to a third party.

Surrender of Premises: TENANT agrees to surrender the premises in as good and the same condition as the commencement of the rental period, reasonable wear and tear excepted; and to reimburse LANDLORD the amount, including reasonable attorney’s fee, for all the damages. Soiling and/or discoloration of the seat cushions are not considered reasonable wear and tear and will be billed as additional cleaning or damage.

Expedited Eviction: If TENANT (I) holds over in possession after the TENANT’s tenancy has expired; (ii) commits a material breach of any provision of this agreement (including any addendum hereto) that according to its terms would result in the terminations of TENANT’s tenancy; (iii) fails to pay rents as required by this agreement; or (iv) has obtained possession of the premises by fraud or misrepresentation, the TENANT aggress to an expedited eviction as the law allows.

Laws: Statues or ordinances of a jurisdictional government agency will not be violated on the premises, nor will the premises be used for any unlawful purpose.

Enforcement of Lease: That should LANDLORD incurs any expenses in enforcing the terms of this lease, TENANT shall promptly reimburse LANDLORD 100% for such expenses.

Disputes: This lease shall be governed by and interpreted in accordance with the laws of the State of Hawaii and County of Hawaii. Any action relating to this agreement shall only be instituted and persecuted in courts in Hawaii. TENANT specifically consents to such jurisdiction and to extraterritorial service of process.

Default by TENANT: TENANT agrees that every condition, covenant and provision of this lease is material. A breach of any of these will constitute a material breach giving the LANDLORD the right to terminate this lease, the right to immediate possession of the premises, and the right to all damages including but not limited to costs of enforcement and reasonable attorney’s fees.

Sole Agreement: This document including any attachments incorporated by reference herein constitute the entire and sole agreement between the LANDLORD and TENANT respecting the leased premises, the leasing of the premises to TENANT, and the lease term created under this lease, and correctly sets forth the obligations of LANDLORD and TENANT to each other as of its date. Any agreements or representations respecting the leased premises or their leasing by the LANDLORD to TENANT not expressly set forth in this agreement are null and void.

Changes: The parties agree that any changes to this agreement are to be in writing to be enforceable or otherwise are null and void.

Signed Lease Agreement: Copies and signatures by email are considered valid. The parties shall retain the originals for verification. Electronic signatures are considered valid.

Definitions: Wherever “landlord” is used it is intended to mean owner. The use of the word “tenant” shall include both singular and plural.

Severability: If any part of this agreement is found by a court of competent jurisdiction to be unenforceable, then the remainder of the agreement shall still be in full force and effect.

Emmy Chen, Owner and Manager KonaHome Vacation Rentals - Your dream vacation in Hawaii