PLEASE NOTE BEFORE BOOKING:

This rental agreement includes a Zero Tolerance Policy for noise disturbances, over occupancy or house parties. Violations will result in fines up to three (3) times the rental amount, rent and deposit forfeiture and immediate termination of occupancy with no refunds. Quiet hours are 9pm to 8am. All rates are subject to change until reservation has been finalized. As opposed to a hotel room, vacation rentals typically have more square feet, bedrooms, mechanical systems, appliances, electronics, etc. Because of this, there is a much greater chance that something may need attention during your stay. In that event, we promise our guests we will do everything within reason to remedy the situation; however we do not offer refunds unless the home is determined to be uninhabitable.

Please do not proceed with booking if you are not comfortable with these policies. Guest agrees to read and abide by the Terms of this agreement and ensure all other occupants abide by these terms. As consideration for the booking and use of Vacation Rental Property during the lease term, Guest agrees to pay Manager for all items specified.

1. RESPONSIBLE PARTY: Guest is an adult and will be an occupant of Property during the entire reserved period, unless other arrangements are approved in writing by Manager. Guests and/or occupants' valid government I.D. must be presented upon request. Guest assumes responsibility for all actions of other occupants and guests. Any reservation found to be obtained under false pretense will be subject to forfeiture of advance payments, deposit and/or rental money, and the party will not be permitted to check-in. Guest agrees to comply with all posted homeowner rules and regulations applicable to use of the Unit and the common areas.
2. CANCELATION: Refunds will be given based on reservation policy at the time of booking. Early departures, delayed arrivals, construction activity, inclement weather or reduction in the number of nights reserved for any reason will not be refunded. Trip travel insurance is highly recommended to protect your reservation. If the Property becomes unavailable or unsuitable for rent for any reason whatsoever, including but not limited to, casualty loss, construction noise, physical deterioration, or loss of utility services, the Managers liability will be limited to the return of all monies paid on account at the time of cancellation by the Manager. In the event Manager cancels the reservation; Manager will attempt to substitute the Property with a like-kind. All monies received will be refunded to Guest within 7 business days of confirmation of notice of cancellation.
3. TERMINATION: Manager or its agent has the right to inspect and photograph condition of the premises without prior notice at any time to enforce the terms of this agreement. Should Guest or any guests violate the terms of this Agreement, Manager may impose fines up to three (3) times the rental amount, and may terminate Guest’s occupancy with no refunds of rents or security deposits, and Guest shall waive all rights to due process for failure to vacate the premises upon termination. Guest is notified that all individuals occupying the Unit will be subject to immediate eviction procedures under State law. Manager or its agent may enter the premises and remove Guest, the members of Guest's party, and their belongings. Noise disturbances or use of the unit for any unlawful purpose including, but not limited to the possession, serving, or consumption of alcoholic beverages by persons less than 21 years of age, house parties or keg parties, beer pong, or use of common areas in a manner contrary to the provisions of this agreement, or the rules of the homeowners association, are prohibited. IF NOISE COMPLAINTS, OVER OCCUPANCY OR CONTRACT VIOLATIONS OCCUR, OR IF LAW ENFORCEMENT IS DISPATCHED TO PROPERTY DUE TO DISTURBANCES OR ILLEGAL ACTIVITY, GUEST AND ALL OCCUPANTS ARE SUBJECT TO IMMEDIATE EVICTION WITH NO REFUNDS GIVEN.If noise complaints result in phone calls and or site visits from management fines up to $500 per occurrence can result and may be withheld from security deposit.
4. RENTS AND PAYMENT TERMS:In the event incorrect information or rates are quoted due to a typographical or other error, Manager shall have the right to refuse, cancel or limit any reservations listed incorrectly, whether or not a reservation confirmation has been sent.
5. SECURITY DEPOSIT will be used to cover missing items or damage from guests, visitors.
6. CHECK IN: Check in time is 4:00 PM. Early check-in is allowed only with approval from manager/owner. To guarantee an early arrival before 4:00 PM, you are able to purchase the previous day. Keys and/or entry code will be provided once all fees and charges have been collected and typically within the first week of arrival. If for some reason, the home is not ready for check-in you will be notified. Please do not attempt to check-in or visit the home prior to notification that the home has been cleared for check-in.
7. CHECK OUT: Check out time is 10:00 AM. There is no holding over. PRIOR WRITTEN APPROVAL IS REQUIRED from Manager for late check-out. Cleaning and maintenance are pre-scheduled, so adhering to the Check-Out Time is very important. A $75 hour fee will be charged for each hour (or portion thereof) past the required check out time and Guest will be liable for any additional damages incurred, but not limited to the cost of supplying alternative accommodations for arriving guests. It is strongly appreciated to depart at the agreed time to ensure the home can be cleaned properly for any next guest that may be arriving.
8. CHECK OUT / CLEANING PROCEDURES: Property will be inspected, sanitized and cleaned prior to your arrival and after your departure. Guest should leave the property in the same general condition at Check-In meaning:
a) Any debris, rubbish and discards removed from the home b) Dishes in dishwasher and cooking messes cleaned up.
c) Put back any furniture or items that have been rearranged (inside and outside home).
d) All remote controls left in plain sight.

f) Lounge chairs equipment, etc. put back in place.
g) BBQ cleaned with brush.
h) Please turn-off lights, air conditioner, fans, appliances, etc.
i) Please make sure all doors and windows are closed and locked.
j) Leave keys, gate remotes on entry table
k) If unit equipped with a lock-box, please return keys to the lock-box. The cleaning fee is for a standard cleaning only. If the home was left in poor condition and additional cleaning is required, fees will be charged to Guests at a minimum rate of $50 per hour. A $300 per item fee will be charged for each gate remote control that is damaged or not left at the Property upon check-out.
9. OCCUPANCY: Guest understands and agrees that Property shall be occupied by no more than the number of individuals (including children and infants) indicated on the website. A charge of $100 /day/person may be imposed for excess occupancy.
10. AMENITIES: The property is fully furnished, and includes ready-made beds, 1 set of bath towels per guest and an equipped kitchen. Furnishings and amenities are not new and may exhibit signs of wear and tear. Amenities and furnishings are subject to change, and may or may not be the exact same as represented due to replacement, substitution or other reasons. Manger provides a starter kit which includes toiletry items, soaps, dish detergent, laundry soap, shampoo, toilet paper, paper towels, and other dispensable items. Since a limited supply is provided, Guest should plan to shop to replenish these items if necessary. Manager assumes no responsibility for the quality or contents of any food products left on the premises and Guests use and/or consumption of same is not recommended and shall be at Guest's own risk(s). Towels (except beach towels, if provided) and linens are not to be taken from the units.
11. TELEPHONES: Telephones are typically not provided. If provided, Guest agrees to reimburse Manager for long distance telephone calls or pay for any long distance or collect calls occurring during the reservation dates. Emergency medical, fire and police service can be called by dialing 911. Please verify with Manager if a land line is necessary or you are concerned with cell phone signal strength.
12. DISTURBANCES: Guest and their guests shall behave in a civilized manner and shall be good neighbors, respecting the rights of the surrounding neighbors, and shall not create noise or disturbances that interfere with the quiet enjoyment of their property. Quiet hour starts at 9 PM, and outdoor noise, or noise carrying outside from inside the home should be kept to a minimum regardless of the hour, and in compliance with the local Noise Ordinance which is in effect 24 hours a day 7 days a week. .
13. GUEST'S NOTIFICATION RESPONSIBILITIES: Guest agrees to examine the Unit, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report to Manager if any are not in operating condition or in disrepair. Guest also agrees to immediately notify Manager of any occurrences that may cause damage to Property or adjacent units and to take reasonable measures to mitigate damage, and be responsible for damages for failure to do so. Guest acknowledges that unless Manager is notified on day of check-in of any damage or cleaning concerns, Guest will be liable. Any and all damages, breakage, lost or missing items on the Property during the occupancy will be Guest's responsibility and must be reported to Manager and paid prior to departure.
14. GARBAGE: Guest shall dispose of all waste material generated during the rental period in a lawful manner and put the trash in the exterior trash bins provided for pickup. See the Guest Information Binder in the unit or contact manager for garbage collection days. Guest is cautioned not to leave trash outside for long periods of time because it attracts pests.
15. SUBLEASING: Guest shall not sublet the property.
16. SMOKING: No smoking is allowed on the premises. If smoking does occur on the premises, Guest may be evicted and is responsible for all damage caused by the smoking including, but not limited to, stains, burns and the cost of odor remediation and removal and replacement of damaged property..
17. TRANSIENT OCCUPANCY: Guest expressly acknowledges and agrees that this Agreement is for transient occupancy of the Property, and that Guest does not intend to make the property a residence or household.
18. OWNERS PROPERTY: Guest agrees not to access the owner's storage area or dwelling, even if unlocked, which contains owners personal property and may contain cleaning supplies and chemicals that could be hazardous to children and adults.
19. FIRE EXTINGUISHER: The property is equipped with a minimum of one (1) fire extinguisher. The fire extinguisher was fully charged at last inspection. It is the duty of the Guest locate fire extinguisher, notify all other occupants and guests of the location, and to inform management immediately should the fire extinguisher be missing, or be less or become less than fully charged.
20. SMOKE DETECTORS: The property has smoke detectors installed and they are believed to function properly at the time of rental. Guest will notify management without delay if detectors are missing, uninstalled, "chirps" or have a low battery condition.
21. PARKING: Guests must park in designated parking stalls. No street parking is allowed. Guests may have maximum of 3 vehicles.
22. SECURITY: Guest shall see to their own and to the Property security by locking doors, windows, garage doors, etc. when it's prudent to do so and always when all guests are absent or the property is vacated. Security cameras are located on the outside of the home in the entryway and driveway.
23. NEW LOCKS OR ALTERATIONS: Guest shall not make or permit to be made any alterations to the Premises or change or add any lock without prior consent of Manager.
24. LOST ITEMS: Manager shall bear no responsibility for lost, stolen or abandoned items. Every reasonable effort will be made to contact the Guest for return. There will be a $25.00 handling charge plus shipping costs for any found items returned at Guest's request. Manager shall not be held liable for condition of said items. Any items not claimed for longer than 30 days, may be donated or sold.
25. TV/CABLE/INTERNET/SATELLITE: If provided, no refund of rents shall be given for number of devices, outages, content, or lack of content or personal preferences with regard to cable/internet/satellite service. Services are provided as a convenience only, and are not integral to this agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.
26. AIR CONDITIONING / HEATING: There are no refunds for malfunctioning HVAC units.
27. POOL AND SPA: If so equipped, spa heating is included. Pool heating is an additional fee and must be paid for prior to use. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat shall not exceed 85 degrees. Guest understands that the area surrounding pool and spa may not be fenced or secure. Guest also understands and agrees to be responsible and liable and will pay Manager upon request for any damages that occur to the pool and spa and its support equipment through misuse and/or negligence. Pool service is conducted once a week and is required.
28. SYSTEM(S) / FURNISHING / AMENITY FAILURES: In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, furnishings or amenities, Manager will make every reasonable effort to repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the property to inspect and make such repairs. Neither the property owner nor the Manager shall be liable to Guest for damages, and no refunds will be given for such failures.
29. NOISE TRANSMISSION: Guest is aware that Unit is located in an urban area and it is therefore subject to noise from nearby residences/businesses/traffic and or construction. If Unit has common walls, ceilings or floors, noise may travel between and cause disturbance to Guest from other residences.

30. UNFORESEEN OCCURRENCES: Manager does not accept liability for any loss or damage caused by but not limited to the following: weather conditions, natural disasters, pests, construction, acts of G-d, or other reasons beyond its control. There shall be no refunds of rents because of shortened stays or ruined expectations due to work and family emergencies, unavailability of any or all parts of the Unit, or any other reasons. It is highly recommend that Guest considers the purchase of travel insurance.
31. SALE / LEASE OF PROPERTY: If unit is actively listed for sale or lease, Manager may notify guest to schedule and show property.
32. WAIVER OF LIABILITY: for spa, hot tub, Jacuzzi, whirlpool, pool, sauna, pond, decks, railings, etc. herein referred to as Special Feature. If so equipped, it is the Guest's responsibility to learn about safety precautions, warning signs of water conditions, and safety procedures concerning swimming in or being around Special Feature. Guest understands that the area surrounding Special Feature is not fenced or secure, and there are special risks that may be involved for anyone, in particular children who are not carefully supervised, person(s) intoxicated, on any kinds of drugs or medication, with health risks, or if pregnant. Guest agrees to explain the risks of the presence and use of Special Feature to all guests at the property. Guest agrees to instruct all guests on premises to not access any off-limit, or unsafe sections of the property including roof-tops. Guest agrees to assume all responsibility for Guest and other occupants, for the consequences of those risks and to be fully and solely responsible for any accidents that may occur. Guest agrees to waive any claim whatsoever against property owner or Manager for accidents or claims.
33. RESERVATIONS ARE NOT FULLY GUARANTEED: If for any reason, the Property is not available or becomes unavailable or uninhabitable for the reservation dates, every effort will be made to locate substitute accommodations. If the substituted property rents for more for the same period, or remaining period respectively, Guest will have the option to pay any additional charges or cancel the reservation within 72 hours of notification of Guest by Manager. However, if the substitute property rents for less for the same period, the difference will be refunded to Guest. In any event, the sole remedy for any perceived damages, liability, or inconvenience is a full refund of the rental amount upon Guest cancellation. It is highly recommend that Guest considers the purchase of travel insurance.
34. HOLD HARMLESS: The Guest and all occupants shall hereby indemnify and hold harmless the Manager and property owner against any and all claims of personal injury, property damage or loss arising from use of the premises regardless of the nature of the accident, injury or loss. Guests also expressly recognize that any insurance for property damage or loss which the Landlord may maintain on the property does not cover the personal property of Guests, and that Guests should purchase their own insurance if such coverage is desired.
35. ADDITIONAL TERMS AND CONDITIONS: The undersigned, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges Manager and Owner from any and all claims, demands and causes of action by reason of any injury or whatever nature which may have occurred to the undersigned, or any of his/her occupants or guests as a result of, or in connection with the occupancy of the premises and agrees to hold Manager and Owner free and harmless of any claim or suit arising there from. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, successors or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.
36. WRITTEN EXCEPTIONS: Any exceptions to the above mentioned policies must be approved in writing by a Manager in advance.
37. DISPUTES: Any disputes under this Agreement shall be governed by and interpreted in accordance with the laws of the State of Hawaii. Any action relating to this Agreement shall be filed only in the Maui County court in Hawaii in which county the Unit is located. Both parties consent to the exclusive venue and jurisdiction of such court. Guest agrees to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by Manager enforcing this agreement.
38. Facsimile signatures are deemed original signatures and approving online terms and conditions constitute approval of the terms and conditions.
39. By checking the box and clicking on the "I AGREE" button, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking the I AGREE button, or booking on Airbnb/VRBO you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address/phone number in order to contact you regarding any changes, if necessary. You must also acknowledge Must climb stairs There are stairs leading to the house. Security deposit - if you damage the home, you may be charged Some spaces are shared  -Only 8 guests allowed for whole house, including children (2) years old in age and older, no exceptions. -No smoking inside the home -Please remove shoes before entering home -No parties or group gatherings other than registered guests -Quiet hours from 9pm to 8am