RENTAL AGREEMENT/SECURITY DEPOSIT Please note that all guests will receive an email required to sign our rental agreement that lists the house rules (listed below). We need you to sign it and share your credit card info through our secure reservation system for a $500 deposit. It's important that you review and sign this agreement within 48 hours of receipt to maintain your booking. If this step is overlooked, your reservation may be subject to automatic cancellation as per our house rules. We would not want that to happen, so we emphasize this to ensure all goes smoothly with your reservation.

The reason for the agreement is simple - it is in place to provide transparency and protection for both our valued guests and us, the hosts. The security deposit is simply a temporary hold on your card, not an actual charge, although it will count towards your credit limit. This means your money stays in your account. We put this hold on your card one week before you arrive. If there's no damage when you leave, we'll remove the hold one week after you go.

HOUSE RULES

1. REGISTRATION: All guests are required to register at the front desk to get the parking pass and Ocean Club passes that will give you access to the restaurant, bar, pool, spa and exercise area . To find the front desk, enter your gate code at the main gates. Once you enter, immediately turn left and park in one of the open spots. The front desk will take your $25/night resort fee (as mentioned in the listing) and give you your parking and pool passes. Please make sure to return the pool passes at the end of the trip to avoid a fee for lost passes. The front desk is open Monday through Sunday 10:00am to 6:00pm. If you arrive outside of these hours, you can still access the apartment, but we sure to check in with the front desk the first thing in the morning.
2. OCEAN CLUB RULES: Guest will be respectful that the pool is a shared space. The Ocean Club is open from 8am to 8pm. The restaurant is open from 11:30am to 8pm.
3. Guest will not take towels from the condo to the pool. You will receive complimentary towels at the Ocean Club. Similarly, do not bring towels from the pool to the condo.
4. Guest will not bring outside alcohol, coolers, or beverage containers are permitted in the Ocean Club (By order of the liquor board)
5. No excessive running, pushing, jumping or splashing is permitted. Do not jump off the rocks into the pool
6. No loud noises or yelling. No frisbees, footballs or similar toys, body boards, surfboards shall be permitted in the pool.
7. No bluetooth speakers. There is usually very relaxing local music
8. PARKING: You can park 1 car inside the garage and no more than 1 car in front of it. Do NOT park your cars on the street.
9. PETS: No pets allowed.
10. NO SMOKING/VAPING/HOOKAH: There is absolutely NO smoking/vaping/hookah inside or outside the house. Violation will result in a $1000 fine.
11. GUESTS: The property shall not be used by more than the number of adults and children listed in the reservation. Any visitors, even if they are not staying the night, that are not included in the online reservation will be cause for immediate eviction without refund. An adult 25 years or older must be present at all times
12. NOISE: Please observe quiet hours between 10pm and 8am.
13. WEATHER/TRAVEL ISSUES: Guests acknowledges that no refunds will be given for Weather or Travel issues or delays. Owner highly recommends that guests purchasing travel insurance (preferably Cancel For Any Reason (CFAR)) to avoid losing their vacation investment due to unforeseen circumstances that are out of the homeowner's control.
14. FURNITURE: Guest will NOT rearrange the furniture. Doing so will result in an additional $200 fee. Keep the property and all furnishings in good order, removing any items from the house including furnishings, artwork, books, board games and appliances is not permitted.
15. DAMAGE: Any damage to any items iincluding couches, chairs, tables, TVs, beds, sheets, towels, pillows, etc., are the responsibility of the guest. Every item will be looked at before arrival and after departure.
16. SUPPLIES: Owner will stock the home with starter supplies but guest will likely need to supplement with their own supplies during their stay. Owner cannot guarantee a full propane tank for the grill. Guests are responsible for getting their own propane.
17. TRASH: There are extra trash bags under the existing trash bags. If you want to dispose off trash, there is a dumpster bin in the parking area between building 2 and building 1. Please DO NOT leave trash outside of the apartment.
18. PLUMBING: Guest will NOT FLUSH anything other than toilet paper. No feminine products or baby wipes should be flushed at any time. If it is found that feminine products or wipes have been flushed and clog the plumbing system, guest could be charged damages of up to $1000.
19. KITCHEN: Only use appliances for their intended uses. No grease in the sink.
20. HOUSEKEEPING: There is no daily housekeeping service. While linens and bath towels are included in the unit, daily maid service is not included in the rental rate. There is a washer/dryer in the house for guest’s use. Owners do not permit towels or linens to be taken from the units.
21. TV & REMOTES: Guests keep the remotes in their designated storage areas. $50 fine for each lost remote.
22. FIRES: Absolutely no fires! Unauthorized fires (including candles) will be charged $1000 fee plus damages.
23. GRILLS: Guests will not empty hot ashes from the grill onto the ground or into a plastic bag.
24. MAINTENANCE OR HOUSEKEEPING: The house is provided as is, and Owners are not responsible for nor are they required to provide any refunds for the inoperability or unavailability of any amenities or for any housekeeping problem. The Guest will contact the Owner as soon as they notice any maintenance or housekeeping problem. Owner will take reasonable and appropriate steps to remedy any reported problem as soon as practical. If timely repair/replacement is not possible, Owner may — but is not required to — issue partial reimbursements to Guest. Partial refunds, such as a 5% refund for an unusable hot spa or pool, will be at the Owner’s discretion.
25. WILDLIFE: Hawaii is home to many different types of wildlife. Guests may encounter wildlife at anytime and anywhere during their stay. NO REFUND OR REBATE will be offered in connection with any wildlife encounters. Guests will practice bear safety precautions at all times. Owner has home treated by a professional exterminator periodically. That said, the home is in an area where you will see and hear critters, creepers and crawlers. GUESTS WILL SHUT ALL EXTERIOR DOORS TO PORCH AND FRONT OF HOUSE BEHIND YOU.
26. GENERAL HOLD HARMLESS AGREEMENT: Guest shall be liable for the actions of all occupants, visitors or other persons on the Property. In the event of injury or death to Guest, Guest’s dependent, self, or any other person or minor staying at or visiting the Property. Guest hereby releases, holds harmless and agrees to fully indemnify Owner(s) and their agents, heirs and assigns from any and all lawsuits, damages, claims or other expenses, including accidental death sustained by Guest, Guest’s dependent, self, or any other person or minor staying at or visiting the Property, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the Owner. In addition to this general release, Guest acknowledges that specific hold harmless provisions may be attached to this Agreement. Guest agrees that if specific hold harmless provisions are attached to this Agreement, they are incorporated into and made part of this Agreement. Guests agree to hold Owner harmless as to any damage or injury to self or property resulting from accident, injury, or loss due to rain, snow, sale of property, flood negligence, fire, theft, construction or other reasons. 23.
27. SEVERABILITY: Guest further expressly agrees that the foregoing waiver(s) and assumption of risk provisions is/are intended to be as broad and inclusive as is permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full force and effect.
28. Guest agrees to abide by all rules and regulations contained herein or posted on the premises related to the Rental Property. Guests obligations include but are not limited to keeping the premises as clean and safe as the conditions of the premises permit and causing no unsafe or unsanitary conditions in the common area and remainder of the premises that Guest uses. Guests agree not to use the premises for any commercial activities or purpose that violates any criminal law or governmental regulation. Guest's breach of any duty contained in this paragraph shall be considered material and shall result in the termination of guest occupancy with no refund of any kind.
29. In no event shall the Rental Property be occupied by more persons than the capacity of the property as stated on the web site or the confirmation letter, without prior approval by Owner. No fraternities, school, civic, or other non-family groups are allowed unless Owner grants prior approval. In no event shall Guests assign or sublet the Rental Property in whole or in part. Violations of these rules are grounds for expedited eviction with no refund of any kind. Guests hereby acknowledge and grant specific permission to Owner to enter premises at any time for inspection purposes should Owner reasonably believe that Guests are causing or have caused any damage to Rental Property. Guest further agrees to grant Owner access to Rental Property for purposes of maintenance and repair. If listed "For Sale", Guests agree to grant access by scheduled appointment upon notification.
30. In the event Guest wishes to terminate this agreement, Travel Insurance, Damage Protection and any processing or administrative fees are non-refundable. The refund policy is as follows: {BCANPOLLEGAL}
31. A payment of {BFPPOA} is taken by Owner at the time of the booking. Any remaining balance must be paid {BSPDAY} days prior to the arrival date, or this Agreement may be cancelled by the sole option of the Owner. An automatic credit card payment for the remaining balance will be scheduled by the Owner to be made {BSPDAY} days prior to the arrival date. The credit card of the first payment is used if a credit card was provided. If the automatic payment fails for any reason, it is the responsibility of the Guest to make sure that the remaining balance is promptly paid in full, or the reservation will be canceled with no refund of payments made. All policies contained in this Agreement shall apply equally to payments made by credit card, check or cash and whether made via website, by phone or in person. Any refunds due to Guests from a credit card payment will be refunded by credit card transaction; all other refunds will be made within 30 days by check.
32. A security deposit is required ("Security Deposit") and will be automatically reserved for the booking. The automatic reserve is conducted by putting a hold or charge on the Guest's credit card for the amount of {BSDAMT} exactly {BSDRS} day(s) prior to the arrival date. The credit card of the last successful payment will be used. If there are no successful credit card payments, it is the responsibility of the Guest to send {BSDAMT} by check to the Owner to satisfy the Security Deposit requirement. If, at the end of the rental period, the rental property is returned undamaged beyond normal wear and tear, the Security Deposit will be released in full within {BSDRL} days. In the event of any damages, Owner will provide Guest with a full accounting of expenses incurred and deductions made from the Security Deposit. Should the damages exceed the amount of the Security Deposit, Guest agrees to pay the balance within {BSDRL} business days after receiving notification. Deductions from Security Deposit may include, but are not limited to: excess cleaning fee, hot spa/pool draining and refilling fee, trash removal fee, missing item replacement costs, damaged item replacement or repair costs, repair costs of buildings or grounds, or other service call fees. Owner is under no obligation to use the least expensive means of restoration.
33. Regular payments and security deposits for the booking will be displayed as {PCCSTEXT} on the Guest's credit card statement.
34. No refunds will be provided due to inoperable appliances, pool, hot spa, etc. The Owner will make every reasonable effort to assure that such appliances will be and remain in good working order. No refunds will be given due to power blackouts, water shortage, flooding, snow, construction at adjacent properties, or mandatory evacuations of the area by county officials due to hurricanes or other potentially dangerous situations arising from acts of god or nature.
35. There is no land-line telephone on the property.
36. Guest is responsible for all shipping costs for any Lost and Found items that Owner is requested to return to Guest. Items found and not claimed within 30 days will be disposed of at the discretion of Owner.
37. If linens or towels are rented from Owner or supplied with Rental Property, Guest is responsible for lost or damaged items at the cost of two (2) times the published standard rental price for such damaged or lost linens or towels.
38. In the event Owner is unable to make Rental Property available for any reason other than described above or a reasonable substitute as determined by Owner, Guest agrees that Owner's sole liability as a result of this unavailability is to provide a full refund of all monies paid under this Agreement and Guest expressly acknowledges that in no event shall Owner be held liable for any special or consequential damages which result from this unavailability. Guest also agrees to indemnify Owner from and against liability for injury to Guest or any other person occupying Rental Property resulting from any cause whatsoever including, but not limited to, injury sustained as a result of use of the pool, hot spa etc. except only such a personal injury caused by the gross negligence or intentional acts of the Owner.
39. Owner may terminate this Agreement upon the breach of any of the terms hereof by Guest. Guest shall not be entitled to the return of any rental monies paid under the terms of this Agreement and shall vacate the Property immediately.
40. Agreement shall be enforced under the laws of the state within which the Rental Property is located, including any applicable rental acts of that state, and represents the entire Agreement. Any amendments must be in writing and signed by both parties. In the event of a dispute, legal action may only be instituted in the county within which the Rental Property is located. If any part of this Agreement shall be deemed unenforceable by law, that part shall be omitted from this Agreement without affecting the remaining Agreement.
41. The Rental Property may offer access to recreational activities, including but not limited to hot spa and pool Guest fully understands and acknowledges that outdoor recreational and water activities have inherent risks, dangers and hazards. Participation in such activities and/or use of equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. Guest agrees to fully indemnify and hold harmless the Owner and any and all agents, employees, or contractors for any injury or damage caused by these activities, whether caused by the negligence of the Owners, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes foreseeable or unforeseeable. Guest hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the Owners or by any other person. Guest hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Owner and any and all agents, employees, or contractors from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Rental Property facilities, equipment, or activities. Guest further assumes full responsibility for the actions of any and all persons whom he may allow to enter the property during the rental period and indemnifies Owner from any and all claims arising from such other persons.