VACATION RENTAL HOUSE RULES / RENTAL AGREEMENT

Complying with these House Rules at the Vacation Rental Property is a requirement of the vacation rental agreement. Failure to adhere to the below House Rules may result in penalties such as deductions from the security deposit.

GENERAL REQUIREMENTS: All Guests (and any Visitors) must comply with all House Rules and any other instructions from the Property Manager during their stay.

TERMS & DEFINITIONS: For the purpose of this Vacation Rental Agreement, the following definitions will apply: "Property Manager" refers to Anke Kirchner, Next Maui Vacation LLC. "Owner" refers to the legal owner of the Property; "Guest" refers to the person or persons occupying the Property; and "Property" refers to the real property, its contents and related amenities rented to the Guest pursuant to this Rental Agreement.

RELATIONSHIP OF THE PARTIES: Guest acknowledges that the Property Manager represents and acts in all regards, solely as Property Manager for Owner and does not represent the Guest. Guest further acknowledges that the Owner has the final authority concerning all matters related to Guest’s rental and use of the Property.

CHECK-IN AND CHECK-OUT TIMES: The property is available for guest check-in beginning at 4:00 PM on the specified Date of Arrival. Check-out Time is at 11:00 AM on the specified Date of Departure (We do not offer late check-out or half day bookings). If Guest has not vacated the property by the Check-out Time, Guest will pay the daily rate for each additional day after 11:00 am until Guest has vacated property.

OCCUPANCY: Occupancy is restricted to the number of 4 guests. We count all humans staying in our unit regardless of age in the total guest count. Any violation will be fined with a $150 per guest (exceeding the amount of people allowed to stay within the contract) per day for each day the guest violates the contract. The Property is for the sole use as a personal vacation residence for responsible adults. Guest acknowledges that they will personally occupy the Property for the entire length of stay and will not sublet. Tenant shall not use the Property for any illegal or unlawful purpose, nor shall the Property be used in a fashion that disturbs or offends the neighbors.

BOOKING: We require Airbnb reservations booked for personal travel to be booked by the person who's going to stay at the listing. Only registered guests are allowed on the property. Ignoring this rule will result in cancellation. Guests must be at least 21 years old to book this property. Anyone under 21 must be accompanied by a parent or legal guardian throughout their stay.

FALSIFIED BOOKING: If your booking was made under false pretense, including, but not limited to, a falsified name, age or size of party, you will be subject to immediate eviction and forfeiture of all amounts paid.

THIRD PARTY BOOKINGS: We do not accept Third Party bookings or bookings for friends and family members. We require all personal travel reservations to be booked by the guests themselves.

RESORT/REGISTRATION: The resort requires that all guests register at the office upon arrival.

PARKING: One assigned parking spot is included. The 2nd Car can be parked on any guest parking spot. Upon arrival guests must check in at the front desk in order to get your parking pass.

PARTY/EVENTS: No special events, including but not limited to weddings, parties, and receptions, will not be allowed.

VISITOR: Unregistered guests, visitors are not allowed at any time during your stay.

NON-SMOKING: Guest agrees that there is no smoking allowed in the unit, on the lanai or on the property during occupancy. Guest will be responsible for any damage to the property caused by cigarettes and/or cigarette smoke. Guests who do not abide by the policy will be charged a cleaning/recovery fee of $350. Guests are only permitted to smoke in outdoor designated smoking areas of the Kamaole Sands Property.

DAMAGES: Please notify us immediately of any damages to the property. Guests agree that any of her/his group members, including children, and or those who are legally allowed onto the property, shall pay a replacement value and or repair cost for any furniture, fixtures and or fittings being damaged during the term of their stay, not disclosed upon check-in.

PETS/ANIMALS: No pets/animals are allowed at any time on the Property.

QUIET HOURS: Quiet hours are from 10:00pm until 8:00am. Please keep the noise inside during these quiet hours.

NOISE: Please keep in mind that you are in a long and short term neighborhood. Noise carries easily and we ask that you respect your neighbors privacy, peace and quiet. No Parties at any time! If the Owner, Property Manager receives information about excessive noise, Owner, Property Manager has the right to evict Guest and all occupants immediately and to bill the guest a minimum service fee of $250.

RUBBISH/GARBAGE DISPOSAL: Please use trash bags provided and place all trash in trash cans and dispose in the designated bins/trash chute beside the elevator. No Items (Garbage Bags toys etc.) left in any common areas (walkway, lawn, sidewalks etc.)

Mail/Mailbox: Please do not send mails/packages to the mailbox. We do not have keys for the mailbox and are not responsible for any lost mails/packages.

PRIVATE PROPERTY: Guest acknowledges that the accommodation is a privately owned home or condominium as opposed to a hotel or resort. As such, hotel-like amenities such as daily cleaning and bell service are not provided. This is a fully furnished property that will include bedspreads, linens, blankets, pillows, towels, a fully equipped kitchen, TV's, furnishings unless otherwise specified.

PROPERTY CONDITION: At check-out, Guest must leave the property in tidy condition, similar to that at move in. Cleaning crews will handle all major cleaning of linens, towels, kitchens, floors and bathrooms. However, excessive cleaning will be billed at 50/hour and will be deducted from Security Deposit.

RIGHT TO ENTER: If necessary, Owner or Property Manager or their designated vendors may enter the property in order to inspect or make necessary or requested repairs. Owner or Property Manager will give Guest at least 24 hours minimum notice before entering the Property, and will only enter during reasonable hours except in the case of emergency. Regular vendors to the property including, yard, and cleaning services shall be allowed to enter at normally scheduled times.

SECURING THE PROPERTY: Hawaii is not immune to crime, and criminals often target tourists who may be less vigilant than normal. Guest must keep all gates and doors closed and locked when not present and awake in the home. Guest bears all responsibility for their own personal property; Property Manager and Owner are not responsible for loss, damage, or theft.

LIABILITY: The guest agrees, that the Property Manager, Owner of the property will not be held responsible or accept any liability or issue any refunds, for occurrences resulting in loss of occupancy or personal injury cause by circumstances outside its reasonable control, such as faults in electrical or plumbing installations, the breakdown of domestic appliances, invasion of pests, pandemic, exceptional weather conditions/natural disasters, flooding, wildfires, hurricane, tsunami, earthquakes etc.

LEFT BEHIND ITEMS: Although we are not responsible for any lost or left behind items, we promise to do our best to find it and return it to you. Guests are responsible for the service fee ($40) plus the shipping costs of returning left behind items.

FLORA and FAUNA: Hawaii is a tropical environment and it is common to see various insects and animals around and inside the Property. There will be no refunds or cancellations from insect or animal sightings, bites, or stings. Guest may not leave uncovered and unsealed food out of the refrigerator as it will attract pests.

FLIGHTS: There will be no refund for canceled flights.

WEATHER: Hawaii’s weather is unpredictable and can change rapidly. There will be no refunds or cancellations due to weather conditions, natural disasters, flooding, brush/wildfires, hurricane, tsunami, earthquakes etc.

CANCELLATION POLICY: See cancellation policy shown on the listing page of the property.

TRAVEL INSURANCE: To offer you the best services possible, we strictly adhere to our cancellation policy. However, to help protect your vacation investment, we recommend that you purchase travel insurance to cover the costs of any potential changes to your itinerary.

LOST KEY REPLACEMENT: Guest agrees: There is a $100.00 charge for replacement of lost house/pool keys

POOL AREA: Guest shall use the pool at their own risk. Enjoy yourselves, but you gotta follow the posted rules of the pool.

CLEANING: Additional cleaning is available on request at a rate of $50/hour (rate subject to change.) Please provide 48 hours notice if you would like any additional cleaning during your stay.

LANAI: Towels, swimwear or any other items are not allowed hanging over the lanai railing at any time. No beach chairs, sports or play equipment may be on the lanai.

THEFT AND LOST ITEMS: The guest agrees, that the Owner, Property Manager will not be held responsible for any loss, theft or damage of any personal belongings, cash, jewelry and or motor vehicles, however cause, during their stay.

SUPPLIES: We supply paper goods and soaps as a starter pack. However, unlike a hotel, we do not replenish these supplies.

INDEMNITY/DISPUTES/JURISDICTION: Guest agrees to indemnify, defend and hold harmless Owner and Property Manager from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage, or injury to Guest and guests or their personal property. Owner and Property Manager are not responsible for lost, stolen, or misplaced items. Guest is also aware of the inherent risks to person and property while occupying residences near the ocean or that have pool feature. Any and all claims, controversies or disputes arising out of or relating to this contract/agreement, or the breach thereof, which remain unresolved after direct negotiations between the parties, shall first be submitted to confidential Mediation in accordance with the Rules, Procedures, and Protocols for Mediation of Disputes of Dispute Prevention & Resolution, Inc., then in effect. If any issues, claims or disputes remain unresolved after mediation concludes, the parties agree to submit any such issues to binding arbitration before one arbitrator in accordance with the Rules, Procedures, and Protocols for Arbitration of Disputes of Dispute Prevention & Resolution, Inc., then in effect. The parties further agree that the award of the arbitrator is binding upon the parties and that judgment upon the award rendered may be entered in any court of competent jurisdiction. This agreement shall be governed by and construed in accordance with the laws of the State of Hawaii. All disputes or claims pertaining to the Agreement shall be adjudicated in the State of Hawaii, County of Maui.

By accepting the House Rules, I warrant that I have read, understand and agree to all of the terms set forth below, including, without limitation, the Cancellation Policy. I agree to abide by the restrictions stated in the House Rules for the property, as well as all terms of this Agreement. I understand that Next Maui Vacation LLC is a Property Manager for the owner. I further understand and represent that I have explained this Agreement and all its terms to all individuals in my group who are authorized to stay at the property. I am executing this Agreement on behalf of all individuals in my group, who agree to be bound by the Terms and Conditions set forth herein.