​​​VACATION RENTAL AGREEMENT

Thank you for booking one of Noelani Oceanfront Resort condos now managed by My Perfect Stays. Our rental agreement will go into explanation of our policies and cancellation guidelines.

Mahalo, My Perfect Stays and Noelani Team

Additional rules Please note that this is a copy of the My Perfect Stays Rental Agreement, as you are opting to book on Airbnb, the Airbnb cancellation policy in place at the time of your booking will be the policy that is applied to your reservation.

VACATION RENTAL AGREEMENT Arrival Instructions: Directions along with other information will be provided two weeks prior to your arrival.

Our Host Fees are combined under the “cleaning fee” section on Airbnb, which includes a condo damage waiver, cleaning, and processing fee. More detailed information will be provided below.

Total number of Occupants (including infants):

• The approval of this application at the stated rate is based on the number of occupants listed. *Occupants over maximum capacity will result in an additional fee $200.00 per night. Please list all occupants (including guest not staying the full duration of stay). Occupants over maximum capacity will result in an additional fee $200.00 per night. Please list all occupants (including guest not staying the full duration of stay.)

Payment Information:

30% of the total reservation is due now to confirm this reservation. The remaining balance will be due 60 days prior to arrival. The balance will be charged to your credit card on file. If you wish to make other payment arrangements, you will be required to contact us no later than 67 days prior to your arrival date. If the balance has not been paid by the due date, it will be charged to your credit card on file.

Payment Options:

1. Credit Card - A credit card is required regardless of how guest pays for reservation. Please fill out the credit card authorization form at the bottom of this agreement. We will charge your card on file for the remaining balance 60 days prior to arrival. (Please note, Airbnb is the payment processor when booking on their platform).

2. Paper Check - If Guest opts to pay by paper check, the Processing Fee will be waived. Payment must be received 60 day prior to arrival date.

TERMS AND CONDITIONS Please read your Vacation Rental Agreement carefully before you begin your vacation. Any monies received by My Perfect Stays, LLC for occupancy of Vacation Property, indicates the acceptance of the terms of our Vacation Rental Agreement in full. All policies are strictly enforced. It is the responsibility of all guests and members of their party to be familiar with all policies pertaining to rental.

RENTER REQUIREMENTS: For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. This person is considered to be the Guest. All other persons involved with the rental are considered to be the Guest's invitees, and all discussion regarding reservation, cancelation, and damage policies will be discussed with the Guest, not the Guest's invitees. The Guest understands that My Perfect Stay rents to responsible adults over the age of 21 ONLY. A guest age 21 or over must be present for the duration of the stay.

DEPOSIT/ PAYMENT: A reservation can be made with a 30% Booking Deposit paid by credit card. A credit card MUST be provided in order to secure the reservation regardless of how you are paying. If a reservation is made less than 60 days prior to arrival, full payment is due when the reservation is made. A $35.00 service charge will be incurred for any returned checks. Please note that this reservation is not considered confirmed until we have received the required Booking Deposit within 48 hours.

BALANCE PAYMENT: If no other payment is received 60 days prior to arrival, we will automatically run the balance on the credit card on file. If you wish to arrange another form of payment, you MUST contact your Reservations Manager BEFORE the due date. Balance is due no later than 60 days prior to your arrival date. If a check (payable to My Perfect Stays) or money order is not received by the due date, the balance will be charged to your credit card. The credit card must have an expiration date that extends beyond your stay. Guest is required to provide a Visa, MasterCard, American Express or Discover Card regardless of how they are paying for the reservation in order to complete the booking.

VACATION RENTAL DAMAGE WAIVER: As a part of your stay, you are required to purchase a Vacation Rental Damage Waiver plan designed to cover unintentional damages to the rental unit interior that occurs during your stay provided they are disclosed to management prior to check-out. The damage waiver plan will cover up to $1,500 in damage. Any damages that exceed $1,500 or are not covered under the damage waiver agreement will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $1,500. Certain terms and conditions apply.

DAMAGE INSURANCE/DAMAGES/EXCESS CHARGES: Guest is required to pay the Vacation Rental Damage Waiver fee described above with $1,500 of coverage; your credit card will be charged between $69.95 and $149.95 for this fee. This protects you in the event of accidental damage up to the $1,500 limit. In addition, you must complete a credit card form which will be kept on file and which will be charged for any damages beyond $1,500, or for any damage that the insurance carrier deems to have been intentional or otherwise not covered under the policy. Guest is responsible for the cost of following: to repair or replace any damaged or missing items not disclosed upon check-in in the Property Condition Form, to pay for additional cleaning should the property be left in excessively poor condition, to remedy any damages made by smoking and/or candles, to replace/re-key the property should any keys or remotes be missing at check-out, to settle any unpaid services such as cleaning, concierge and service calls, to pay any outstanding bills including but not limited to movie purchases, long distance calls, and lock out services. Any permanent damage to linens (such as towels, bedding, etc.) will be billed to the guest, including but limited to blood, ink, bodily fluids and mascara stains. Discolored towels or linens (caused by other laundry colors that bled onto towels or linens) are not covered by damage waiver. Heat or water damage to furniture is not covered by damage waiver. If the damage exceeds the coverage detailed in the Vacation Rental Damage Waiver, Guest must pay the extra amount, which Agent may charge to Guest’s credit card.

SECURITY DEPOSIT: You may choose a Security Deposit in lieu of the Damage Waiver Protection Plan. The Security Deposit will range between $2,000-$5,000 depending upon the nightly rental rate of the unit booked. The Security Deposit is charged in full to your credit card at the time of booking.

If a security deposit has been provided, these funds may be applied to actual damages caused by GUEST. This is at the sole discretion of the My Perfect Stays inspector; the property will be reviewed on the day of the Guest's departure, or the next business day. This may include excess phone or cable charges, excessive cleaning charges, excess services requited, moving furniture, fines imposed and/or costs for enforcing this agreement. Within 14 days following the end of the tenancy the Damage/ Security Deposit will be applied, accounted for or refunded to the Guest. If the Guest has provided a credit card, the Guest hereby authorizes the AGENT to apply these charges to his/her account. Guest shall report any damage noted upon arrival to avoid any Damage/ Security Deposit losses. The refund will be returned to the credit card on file within 14 nights of departure.

UNFORESEEN OCCURRENCES: Management and property owner will not assume liability for any loss, damage, or inconvenience caused by but not limited to weather conditions, natural disasters, pandemics including COVID-19, pests, constructions, public/private events, acts of God, wildfire/smoke, road closures, interruptions of services and utilities or other reasons beyond control. In the event a guest may need to extend their stay for any reason, guest agrees to pay for any additional nights stayed in the unit. This must first be approved by My Perfect Stays.

UPON ARRIVAL: Take a look around the unit. If there are concerns or issues with your rental property, please contact the property manager immediately (leave a message if there is no answer). Contact information can be found in your Arrival Instructions. No refunds or considerations are given unless we are notified of problems during your stay. Upon request, we will provide a form for you to document any pre-existing damage so you won’t be held responsible.

EMERGENCIES/ MAINTENANCE: In the event of a problem getting in the unit or if there are problems with condition or functionality of the unit, please immediately contact the Property Manager (leave a voice message and send a text message if there is no answer). Property Manager’s contact information is listed in the Arrival Instructions you will be sent prior to check-in.

ARRIVAL TIME: Arrival times vary. Please refer to your Arrival Instructions. Unless you have specifically arranged for an early arrival time, please do not arrive at the property before your scheduled check in time.

DEPARTURE TIME: Departure times vary. Please refer to your Arrival Instructions. Your prompt departure is appreciated so we can prepare the unit for any incoming guests. If you have not arranged for a late check out, you may be charged $35 for each hour beyond the check out time that you are still on property, at a minimum of one hour. If the unit has not been vacated by 4 pm, a fee equal to the rental rate of 2 ½ days may be assessed.

NO SMOKING: Guest agrees that there is to be no smoking in the unit, on any lanais, or on the property during occupancy. Guest will be responsible for any damage to the property caused by cigarettes and/or cigarette smoke.

CANCELLATION POLICY:

1. To receive a full refund, guests must cancel at least 30 days before check-in

2. If guest cancels between 7 and 30 days before check-in, they will owe 50% for all nights.

3. If guest cancels less than 7 days before check-in, they will owe 100% for all nights

4. Guests can also receive a full refund if they cancel within 48 hours of booking, if the cancellation occurs at least 14 days before check-in.

5. This loss can be avoided if Travel Protection Insurance was purchased and the reason for cancellation is covered under the travel insurance policy. All reservation changes must be acknowledged in writing.

6. Owner/Agent Cancellation Policy: In the unlikely event that the Property becomes unavailable for any part of the tenancy Owner/Agent reserves the right to cancel the reservation. Such reasons may include but will not be limited to unforeseen repairs, service, maintenance or any other reason the Owner/Agent deems necessary. Owner and/or Agent may cancel this Agreement and refund in full to the Guest all payments made. Agent will assist in procuring similar alternative accommodation should this situation arise. Guest agrees that any claims against Owner/Agent arising out of performance or non-performance under this agreement shall be limited to a full refund of all consideration previously tendered by Guest. The guest may have an option to select another property that My Perfect Stays manages based on availability. The guest will be charged or refunded the difference in cost.

POWER/ WEATHER RELATED CANCELLATION: My Perfect Stays does NOT issue refunds due to acts of nature such as: weather, road conditions, hurricanes, power outages etc, but Travel Protection Insurance does provide some protection against these instances. If the property is uninhabitable due to such circumstances and you did not purchase insurance, reservations can be rescheduled for future dates within one year of the reservation date.

VACATION RENTAL INSURANCE: Vacation Rental Insurance has been made available with your reservation. Vacation Rental Insurance reimburses for prepaid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. If you do not accept protection, you acknowledge you have read and understand our cancellation policy and choose not to purchase Vacation Rental Insurance on behalf of all occupants.

CHANGE DATES POLICY: If Guest desires to change their reservations dates, the following fees apply to confirmed reservations: • 10% fee of the total Reservation Rate for any approved changes after 30 day deadline. (There is no guarantee of approved changes after 30 days since cancelation policy is in effect.) • $150 Reservation Change fee for changes made after signing but prior to the 30 day deadline.

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

PRIVATE PROPERTY: Guest acknowledges that the accommodation is a privately owned home or condominium as opposed to a hotel. As such, hotel-like amenities such as daily cleaning and bell service are not provided. Additional services can be requested with advanced notice at an additional cost.

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 $30/hour and will be charged to the Guest.

OCCUPANCY: The Property is for the sole use as a personal vacation residence for families and responsible adults. A guest age 21 or over must be present the duration of the stay. Occupancy is restricted to the number of people listed at the time of booking. 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.

REPAIR AND SERVICE CALLS: Agent and owner do not guarantee against mechanical or electrical failure of air conditioning, fans, lights, televisions, VCRs, DVDs, or other equipment. Guest agrees to report any inoperative items to Agent promptly, and Agent agrees to make every effort to have maintenance done quickly and efficiently. Should a repair person conclude that equipment is in working order, or that failure was due to the actions of the Guest, then the charge for the service call will be billed to Guest and Guest agrees to pay the charge. No refund or rent deduction will be made due to failure of such equipment.

LOSS OF HARD KEYS: Please note that the loss of a key will result in a $150 re-keying fee to ensure the safety of our future guests and our owner's property.

LOSS OF KEY CARDS: Please note that the loss of a key card (and/or pool key) will result in a $50 fee for the replacement of the card(s) /key(s) and a reprogramming fee.

LEFT ITEMS: Please check carefully for belongings before you leave. Left items can be mailed to you if requested and you will be charged shipping costs plus a $10 service fee. My Perfect Stays is not responsible for lost or stolen items.

RIGHT TO ENTER: If necessary, Owner or Agent or their designated vendors may enter the property in order to inspect or make necessary or requested repairs. Owner or Agent 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 pool, yard, and cleaning services shall be allowed to enter at normally scheduled times.

INDEMNITY/DISPUTES/JURISDICTION: Guest agrees to indemnify, defend and hold harmless Owner and Agent 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 agent 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/Jacuzzi features.

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 Honolulu.

By confirming this reservation, 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 My Perfect Stays, LLC is an agent for the owner. I further understand and represent that I will explain the Terms & Conditions to all individuals in my group who are authorized to stay at the property prior to their arrival. 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.

My Perfect Stays, LLC PO Box 10605 Lahaina HI 96761

CREDIT CARD AUTHORIZATION

A credit card is required regardless of how the reservation is being paid for and is used for payment of the Accidental Damage Protection and for any charges in connection with your stay that would not be covered by that policy.

I authorize My Perfect Stays, LLC to charge the card I’ve provided for payment of my reservation and/or any additional requested rental expenses incurred, and to pay for those damage or excessive cleaning expenses incurred that are not covered for reimbursement under the Accidental Damage Protection plan. I agree to pay the $195 CREDIT CARD SURCHARGE FEE if my card is charged. I also hereby confirm that the number of guests will NOT be more than stated in this agreement at any time and that violation of this policy will result in this credit card being charged maximum occupancy or double the guest fees, whichever is greater.

Final Payment (if applicable) - DUE 60 DAYS PRIOR TO ARRIVAL

If you plan on using a different payment method to pay the final balance due 90 days prior to check-in, please contact your Reservations Manager. If you do not make other payment arrangements, your credit card on file will automatically be charged the final balance on the due date.

I agree that this is a legally binding document and I have read all terms and conditions in this document.

We look forward to your visit.