Rental Agreement Terms & Conditions
This agreement constitutes a contract between Guest and BEACH VILLA RESORT, LLC (hereinafter “Agent”) on behalf of the Owner of said premises.
CHECK-IN TIME BEGINS AT 4:00 p.m. every effort is made to ensure property is ready by 3:00 p.m. but Agent cannot guarantee time. There are no exceptions for early arrivals unless Agent has released the property.
CHECK-OUT TIME IS 11:00 a.m. A late departure charge of $50 per hour will be assessed for violations.
DEPOSIT: A one night room and tax deposit will be taken at the time your reservation is made. This deposit must be received in order to guarantee the reservation of said premises. The remainder of the balance is due on or before 60 days prior to arrival. In the event the reservation is made less than 60 days prior to arrival, full payment is expected at time of booking. For reservations of 21 days or more, a three night room and tax deposit will be taken at the time of your reservation.
CANCELLATION POLICY: Notice of cancellation MUST be submitted in writing and mailed, or faxed to (806) 798-9919. You must receive a written cancellation confirmation from Agent to be valid. Notice given over the telephone will not be considered valid and will NOT be accepted.
Cancellations received 90 days or more prior to arrival will be completely refunded, less a $200 processing fee. Cancellations received less than 90 days prior to arrival will be subject to a one night minimum charge. Cancellations received less than 60 days prior to arrival will be subject to a two night minimum charge. Cancellations received less than 30 days prior to arrival will be refunded less a seven (7) night penalty plus tax.
EARLY DEPARTURES: THERE WILL BE NO REFUNDS on any Early Departures. No exceptions!
1. Agent reserves the right to correct errors in pricing and amenities.
2. Occasionally, there may be unusual circumstances (Owner of property makes the dwelling unavailable or unit is undergoing major repairs) that will result in a change of your specific premises. Agent will use all reasonable efforts to inform Guest should this happen, and Agent will provide Guest with comparable premises when available.
If comparable accommodations at the Beach Villa are not available, Agent will provide Guest with comparable accommodations at another property when available. If comparable accommodations are not available, the Guest agrees to accept a full refund of any monies paid and any obligations hereunder are terminated.
3. Equipment occasionally malfunctions and cannot be guaranteed 100% of the time. Agent will correct the problems as soon as humanly possible. An authorized employee or repairman may enter the premises to repair such equipment. Refunds will not be issued due to malfunctioning equipment including Internet access. This includes any closed amenity such as pools, hot tubs, spa, tennis courts, weight rooms, etc. Ko Olina, Oahu is a desirable developing area. Agent will not move or give refunds due to construction noise.
4. GUESTS ASSUME RESPONSIBILITY FOR ANY LOSS OR DAMAGE TO THIS PROPERTY OR ITS CONTENTS, DUE TO NEGLIGENCE OR MISCONDUCT ON THE PART OF THE GUEST OR THEIR INVITEES. NOTE: AN INVENTORY IS CONDUCTED BY AGENT AT THE BEGINNING OF EACH STAY AND AGAIN AT THE END OF THE STAY PRIOR TO CLEANING. Guest agrees to leave room in the same condition as found and to return keys upon departure. A credit card will be kept on file and will be billed for any additional charges such as for missing items, excessive cleanup or damage that is deemed excessive or negligent. We ask that you treat the villa as you would your own home.
5. ZERO TOLERANCE: Guest and their invites shall not use or permit to be brought into the Beach Villa any illegal controlled substances, firearms, or items hazardous to persons or property. VIOLATORS ARE SUBJECT TO EVICTION WITHOUT ISSUING REFUNDS.
6. Occupancy and use of premises and communal areas shall not be such to disturb other guests or residents. Agent has the right of entry to inspect Owner’s property at times Agent deems necessary. The Agent has the prerogative to terminate this agreement and direct disruptive guests to vacate premises without issuing refunds.
7. PETS ARE NOT PERMITTED IN RENTAL ACCOMMODATIONS – VIOLATORS ARE SUBJECT TO EVICTION AND A $200 CHARGE FOR FLEA TREATMENT.
8. ALL PROPERTIES ARE NON-SMOKING including on the LANAI. Should Guest or their invitees smoke inside the property Guest will be charged $500 to DEODORIZE the villa.
9. Lock all doors when leaving premises. Do not leave money or valuables unattended. Neither Agent nor the Owner will be held liable for any theft, or valuables left behind.
10. Guests may not hang towels, garments, etc. from balconies or windows.
11. All trash must be placed in non-porous bags, secured and placed in designated trash service areas.
12. Guests are required to keep entry and outside hallways free of any objects such as bicycles, ice chests, beach chairs, etc.
13. The use of outdoor grills on balconies is strictly prohibited. (HI Fire Code). Outside grills within the grounds of the property are provided for guest use.
14. The cost for lost keys is $10.00 each.
15. BLANKETS, LINENS AND BATHROOM TOWELS ARE FOR INSIDE USE AND SHALL NOT BE TAKEN OUTSIDE THE VILLA. Beach towels are provided.
16. A maximum of six (6) people may occupy a two bedroom villa; eight (8) people for a three bedroom. Any party falsely representing the number of people in the villa may be subject to immediate eviction without refund. Over occupancy is considered a serious violation of this rental agreement. Guests under the age of two do not count against this total.
17. Outgoing local calls, and calls to the Mainland and Canada are at no charge. Calls to other countries are blocked. Please use Skype or a VOIP phone for overseas phone calls. There is no charge for toll free calls.
18. We can provide you with information for companies that rent items such as cribs, roll-always, and highchairs, etc. These items can be delivered to your villa.
19. All properties are cleaned prior to arrival and upon departure. Midstay light housekeeping with linen and towel exchange can be prearranged for an additional charge. This is required for stays over ten nights at the current prevailing housekeeping rate. Guests are provided with a starter set of the following items: toilet paper, paper towels and dishwashing detergent.
20. There is a $35 service charge on returned checks.
21. Villas are not available for rent to vacationing students or guests under the age of 25. The person signing this agreement must occupy the premises the entire length of the reservation. Failure to adhere to this regulation will result in immediate termination of this Agreement and/or eviction.
22. Neither Agent nor the Owner will be held liable for any accident or injury that may occur to Guest or their invitees during occupancy in or on the property. Neither Agent nor the Owner assumes liability for property loss or damage. Neither Agent nor Owner assumes liability for any loss or damage caused by the ACTS OF GOD i.e. Natural disasters or other reasons beyond our control.
23. GUEST TO INDEMNIFY AGENT: Guest shall at all times during the term of this Agreement and thereafter, indemnify, defend and hold harmless AGENT its directors, officers, employees and affiliates against all claims and expenses, including legal expenses and attorneys’ fees whether arising out of the death of or injury to any person or persons or out of any damage to property and against any other claim, proceedings, demand, expense and liability of any kind whatsoever arising from Guest’s rent and activities on the Premises.
24. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties with respect to its subject matter. There are no other agreements other than those expressly set forth herein. This Agreement cannot be modified except by a written instrument signed by both parties. Further, this Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to its subject matter.
25. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
26. NON-WAIVER: AGENT and Guest agree that no failure to exercise, and no delay in exercising in any right, power, or privilege under this Agreement on the part of either party shall operate as waiver of any right, power, or privilege.
27. GOVERNING LAW AND JURISDICTION: This Agreement shall be deemed to have been made in, and shall be construed pursuant to, the laws of the STATE OF HAWAII.
AGENT and Guest agree that any dispute arising out of this Agreement shall be within the jurisdiction of HONOLULU County Superior Court.
28. ATTORNEYS' FEES: In the event any action at law or in equity is initiated to enforce or interpret the terms of this Agreement, or arises out of or pertains to this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.
ACCEPTANCE: Guest declares that he/she has read, understands, and agrees to abide by the Rental Agreement and the Terms and Conditions as outlined.