Note: Manager will make every effort to reserve the Unit that Guest has selected; however Manager reserves the right to move Guest to a similar unit should Guest’s selected Unit become unavailable due to circumstances beyond Manager’s control. Sales Clause. If this unit is sold to another party between the date of booking and the tenant's arrival, the tenant understands, agrees to, and acknowledges that the new owner may or may not accept the reservation that was previously agreed to. The tenant acknowledges this possibility upon signing and agrees that they will not hold liable the Rental Agent (Rentals Maui, Inc.) for the cancellation of their reservation. Any additional costs incurred, including but not limited to change fees, finding alternative accommodations, or other related costs; these costs and changes are solely the responsibility of the Tenant. The Rental Agent (Rentals Maui, Inc.), will make its best efforts to notify the Tenant(s) if this sales clause is being exercised with as much notice as possible and provide the tenant with any alternative options that might be available within its portfolio at the new unit's current rates, pricing, and terms. If the tenant(s) decide not to choose the available options (if any), the Rental Agent (Rentals Maui, Inc.) will provide the Tenant(s) a 100% refund of any funds collected to that point. B. House Rules. This reservation is for quiet residential vacation accommodations only and the house rules at each property must be adhered to. Therefore, parties, receptions, luaus, events, and gatherings of any kind are strictly prohibited. There shall be no additional occupants beyond the maximum occupancy allowed by the condominium project and/or the Association governing such project. C. Check In/Out Time. Check-in time is local time. Check-out is required by on the day of departure. Due to housekeeping requirements, we do not have flexibility to offer late check-outs or early check-ins. Be sure to keep this in mind when making your flight arrangements. If you are in the unit before on your arrival day or after on your departure day, there will be a charge equal to one night's rent plus tax. D. Keys/Lockout Policy. Your check-in instructions with either a key code or keyless entry code will be provided to you prior to your arrival. It is your responsibility to bring this information with you. For units with physical keys: In the event a Guest is locked out of the unit during the rental period, the Guest may borrow a key by coming to the Manager’s (off-site) office at 2395 S. Kihei Rd., #201. After business hours, the Guest must call the Rentals Maui office for assistance and a representative of Manager will meet the guest at the Unit. There will be a $50 charge for this service, and this is due at the time service is rendered. There will be a $20 charge for any lost keys. E. Amenity Starter Pack. For your convenience your condo will be stocked with a one-time, complimentary starter kit of the following items: toilet paper (2 rolls per bathroom); paper towels (1 roll); soap (1 petite bar each at the shower and bathroom sink); dish soap, for washing dishes by hand (1 small bottle); dish soap, for dishwasher (enough for 3 loads); laundry soap, if a washer is in the unit (enough for 3 loads; no dryer sheets); trash bags (1 in each trash can). F. Lost and Found Items. Manager and Owner are not responsible for lost items. Upon your departure, please thoroughly inspect the Unit for any potential items left behind, including electronics, chargers and clothing. Within 5 days these items can be shipped to you upon request. There will be a $20 service charge plus shipping charges. After 5 days unclaimed articles will be donated to charity. G. Damage/Loss/Disturbance Policy. The Unit is individually owned and decorated. Please do not remove any furnishings, equipments or items from the unit, including any linen, dishes or other items from the unit. Guest will be solely liable for any additional costs, charges or expenses resulting from any damage, lost or stolen items or excessive check-out cleaning. Neither Manager nor the Owner of the Unit will be responsible for any lost, stolen or damaged property belonging to you or to Owner. Manager will use its best efforts to ensure that all equipment within the unit is in good working order, although neither Manager nor Owner guarantees that any equipment will not break down during your stay, and therefore such a breakdown does not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustments will be made for any such mechanical failure. In the event of a breakdown, Manager will use its best efforts to remedy the situation as soon as possible after notification of the breakdown. Guest understands that there is no guarantee that properties adjacent to the Unit will be free from disturbances, including but not limited to noise or inconvenience from construction, traffic or other guests or neighbors, and any such disturbance shall not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustment. Guest also understands that Hawaii is located in a tropical climate, and that insects, rodents and lizards flourish in this environment. Although Manager will use its best efforts to hold to a minimum your interaction with these pests during your stay, Guest understands that any contact by Guest with such a pest within or outside the unit does not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustment. Any issue that Guest has with the Unit shall be immediately reported to Manager via the email address or phone number listed in the rental Unit’s directions and entry instructions. Guest understands that Manager and Owner shall have a reasonable amount of time to restore the Unit to acceptable conditions, and that any issues presented to Manager by Guest not prevent reasonable and habitable occupancy of the Unit shall not constitute a breach of this Agreement or give the Guest any right to any refund or rental adjustment. H. Guest’s Responsibilities. Guest shall not:

1. Make any alterations to the Unit or damage the Unit or its contents.
2. Bring any hazardous substance into the Unit.
3. Violate any laws or condominium rules applicable to use of the Unit.
4. Disturb any other occupants of properties in the vicinity of the Unit.
5. Bring any pets into the Unit without Manager’s written consent.
6. Place anything other than toilet paper into the commode--no wipes of any kind, no feminine products, no diapers.
7. Use the Unit for any commercial purpose.
8. Sublease or assign any rights under this Agreement without Manager’s written consent. I. Liability. Neither Manager nor Owner shall be liable for any accidents or Personal injury by Guests while they are in the condo or on the resort property, or while they are using items from the condo at the beach. Guest shall defend, indemnify, and hold Manager and Owner harmless from any property damage or personal injury resulting from negligent or willful conduct by Guest or by any person occupying the Unit at Guest’s invitation. M. No Smoking. The Hawaii State Law 295, enacted on November 16, 2006, and updated in 2015, prohibits smoking in all enclosed or partially enclosed areas open to the public. This includes the smoking of cigarettes, electronic cigarettes, cigars, medical marijuana, and all illegal substances. All Units are subject to this law. Manager will keep your credit card information on file. If a smoking violation occurs, either a fine of $500.00 will be charged to your credit card or your security deposit will be retained. N. Management Right To Enter. Manager reserves the right to enter the unit with 24 hours’ notice to Guest for any reason Manager deems necessary to service or inspect the Unit on the Owner's behalf.
   O. Remedies for Hold-Over/Breach. Guest shall vacate the Unit at the end of its rental period. In the event that Guest continues to occupy the Unit beyond the time authorized by Manager, Guest shall be considered as a hold-over tenant and shall be liable for rent at twice the rental amount, pro-rated on a daily basis. Should Guest so exceed the rental period, or otherwise breach this Agreement, Manager and Owner shall be entitled to immediate possession of the Unit, and shall be entitled to evict Guest by any lawful means including by proceedings in a court of competent jurisdiction. P. Miscellaneous. This Agreement shall be governed by the laws of the State of Hawaii. Any dispute regarding performance or interpretation of this Agreement shall be resolved by arbitration in accordance with Hawaii law before a single arbitrator under the arbitration rules of Dispute Prevention Resolution, Inc. with the arbitration proceeding to be situated on the island of Maui; provided, however, that the arbitrator shall limit the proceedings in its discretion according to the economic nature of the dispute. Notwithstanding this arbitration provision, Owner or Manager may maintain an action in a court of competent jurisdiction in Hawaii with respect to any eviction or collection matter relating to this Agreement and for any injunctive relief sought by Owner or Manager. The prevailing party in any dispute shall be entitled, in addition to damages, to reasonable attorneys’ fees and costs. If any portion of this Agreement shall be deemed invalid, void or unenforceable, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other portion hereof. Any and all claims by Guest against either/or Manager or Owner for costs, expenses, or damages of any nature shall be limited to the rental amount of Guest’s stay, and Guest shall not be entitled to any consequential damages of any sort. This Agreement shall not be amended or modified except by written agreement signed by Guest and Manager. This Agreement constitutes the entire agreement and understanding between Guest and Manager, and supersedes and integrates all prior agreements, discussions, and understandings between Guest and Manager.