Terms and Conditions
Pohaku Vacation Rentals- Terms & Conditions
MAXIMUM OCCUPANCY: Two (2) per bedroom + Two (2) additional guests.
OCCUPANCY: The Contracting Guest must be at least 21 years old, occupy the rental property for the entire length of stay and comply with the occupancy terms herein.
PAYMENT and CHECK IN: 50% Deposit will be collected at time of booking with the balance due 30 days prior to arrival. A valid driver’s license (photo ID) and matching credit card must be provided upon checkin. If this credit card does not match the advanced deposit, then the full stay will be authorized on the new card. If credit card holder will not be onsite, then a completed credit card authorization form must be received and completed in full prior to guest arrival by the card holder. Checkin time is 5 pm and checkout time is 10 am; additional charges may apply for early arrival or late departure.
SMOKING: Smoking is strictly prohibited in any of the rentals. Guests caught smoking will be removed from the property without a refund and/or anyone who leaves the smell of cigarettes inside the rental will risk a $250 penalty and a bad review.
PETS: Pets are not allowed in this rental home.
HEALTH CONCERNS: Wildlife may pose a danger to you. Approach all outdoor areas with caution. The Property has been inspected to ensure no bed bugs are present. If found during the Rental Period, their presence shall be presumed to have been caused by The Guest, who will in turn be responsible for the cost of treatment in accordance with the terms of this agreement, unless the Guest provides clear and convincing proof otherwise. The Guest may be placed in an alternative property if available.
WASTE PICKUP AND REMOVAL: Guest should place all bagged trash on the property into the bins/containers as designated per the rules of the community.
THE MANAGEMENT COMPANY’S ACCESS TO THE PREMISES: The Management Company may enter the Premises as reasonably necessary for protection or inspection; for repairs or other services, or for any other emergency and with such notice as The Management Company, in its sole discretion, deems appropriate.
SAFE USE OF THE PREMISES: The Guest shall use the Premises and shall comply with all laws and rules affecting it. No fireworks, open flames, or inherently dangerous activities are permitted. Do not take any furniture outside. Do not tamper with any alarms or smoke detectors. Use the overhead stove fan when cooking to avoid accidental activation of smoke detector alarm. Do not disturb the quiet enjoyment of your neighbors.
RISK OF LOSS/INSURANCE: The Management Company and The Guest shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct. Each party must carry insurance. The Management Company is not responsible for any lost or stolen property.
ASSIGNMENT AND SUBLEASES: The Guest may not assign this Agreement or sublease The Property.
CLEANLINESS: The Property will be inspected prior to The Rental Period to ensure that there is no need for maintenance or repairs. Guest must report any deficiencies in the accommodation within 24 hours of arrival. A report can be made via phone or email, prior to guest departure. Responses shall be made in a timeframe and to the degree deemed appropriate in the sole discretion of The Management Company, absent negligence on the part of The Management Company, faulty equipment, appliances, or services; bugs inside The Property; construction noise, a warm refrigerator, or inclement weather, and other similar complaints do not constitute breach of contract. Additional housekeeping service is available upon request. Upon departure, you must wash the dishes, place garbage in receptacles for pickup and place bed linens in a pile in each bedroom. The Management Company will charge the guest a minimum cleaning fee of $500 and up to the total cost of additional cleaning for accommodations that have been dirtied or soiled beyond reasonable guest use.
ADDITIONAL CHARGES AND FORFEITURES: The Guest will be charged the amount listed below for the following occurrences: $150 for each unauthorized overnight Guest in excess of the Occupancy Limit, each 2hour period or portion thereof of unauthorized early arrival or late departure, odor removal due to smoke, violating terms concerning equipment, air conditioner, smoke detectors, nonemergency use of fire extinguishers, or any other violation of the section titled SAFE USE OF THE PREMISES.
DEFAULTS, REMEDIES, AND WAIVERS: The Guest agrees that all persons on the property have transient status as defined by and for the purposes of local laws. The sole remedy for failure to provide reserved accommodations is, at most, a prorated refund. The Guest waives any claim to a refund unless The Guest provides written proof that the grounds of the claim were reported to The Management Company immediately following its discovery. The Management Company warrants only that accommodations satisfy all legal requirements.
PROPERTY PROTECTION PLAN: Rather than collect a substantial security deposit from the guest, Property Protection Plan (PPP) up to $1500 is included in the cleaning fee for all of our properties. This protection covers unintentional accidental damages which may occupy to the premises during your rental period, subject to exclusions and limitations. A full inspection of the home will be conducted within 24 hours after checkout. Any damages that are not covered under the policy will be the responsibility of the tenant. On rare occasions a property may require a cash security deposit. Your reservationist will make you aware of such requirement. Security deposits, if required, will be refunded within 14 days of your departure, subject to final clean/clear property inspection.
**Knowledge of any and all damages must be reported to THE MANAGEMENT COPMANY at the time of departure.
RENEWAL/EXTENSION: This Agreement can be extended only if evidenced in writing.
LEGAL TERMS: Entirety. This is the entire agreement on this matter, superseding all previous negotiations, agreements, and UCC implied terms. Headings. Headings are solely for convenience and neither constitute part of the agreement nor affect its interpretation. Interpretation. This agreement shall not be construed in favor of the nondrafting party. Modification. Only The Management Company has authority to modify this Agreement and must do so by written agreement of The Parties unless specifically provided otherwise herein. Assignment. Any attempted assignment or delegation of this Agreement shall be invalid. Severability. If any provision of this Agreement is invalid or unenforceable under governing law, it shall, to the extent possible, be construed or applied in such a manner as will permit enforcement; otherwise this Agreement shall be construed as if that provision had never existed. Time. Time is not of the essence concerning this agreement. Payments. Payment to the drafting party is a condition precedent of payment to the nondrafting party when a direct nexus between the two exists. The drafting party is not liable for non performance of contracted companies and may negotiate payment terms or opt to forfeit payments for reasons of expediency. Warranties. No warranties exist unless expressly stated and not merely implied. Notice. Only notice and communications via email are considered proper. 30day notice is required before taking any chargeback, litigation, or formal or public complaint actions. Discretion. The Management Company’s sole discretion concerning any determination of breach or remedy requires good faith and adherence to usual and customary practices in the vacation home market. Reliance. The nondrafting party acknowledges that he/she/ it has not relied upon any current or prior representations or understandings and waives any rights or claims arising from the same. Material Breach. Terms specified as material are not to the exclusion of other material terms. Performance by the drafting party is excused when made impracticable by the occurrence of a contingency, the nonoccurrence of which was a basic assumption on which the contract was made. Waiver. No breach of this Agreement will be waived without the express written consent of the Party not in breach. Remedies. The exclusive remedy for breach of this contract is limited to actual financial losses, and, as governed in this agreement, reasonable attorneys’ fees and costs, which are agreed to be adequate remedies. Regardless of the failure of the exclusive remedy, seller will not be liable for consequential damages. Liquidated Damages. It is agreed that any liquidated damages under this agreement constitute nonpunitive and difficult to forecast damages. Claim Limitation. No action shall be brought by either Party unless commenced within a 1
year of the date of this agreement, which is deemed reasonable due to the need to manage unknown risk for business planning. Chargebacks. The nondrafting party agrees that a detailed item description was provided, contact information was clearly and prominently displayed, and instructions were provided for the event an item was not provided as stated. Forum. The 15th Judicial Circuit of Florida shall be the exclusive forum for any claims related to this agreement unless there exists exclusive Federal jurisdiction, in which case it shall be the U.S. Dist. Ct. for the Southern Dist. of FL. Law. Any dispute between the parties, whether arising out of this agreement or otherwise, shall be governed by the laws of FL to the exclusion of all other laws, conflict of law principles, and other legal theory bases. Jury. The parties waive their rights to a jury trial. Attorneys’ Fees. The prevailing party shall be entitled to reasonable attorneys’ fees from the nonprevailing party including but not limited to defending chargeback demands, public or formal complaints, and litigation arising out of this agreement or otherwise. Hold Harmless. The nondrafting party agrees to hold harmless the drafting party and defend it against any thirdparty complaints. Indemnity. The nondrafting party agrees to indemnify the drafting party for the reasonable cost to defend and any payments made to settle any thirdparty claims. Third Party Beneficiaries. The Parties agree no third party has any rights under this agreement as a thirdparty beneficiary and any benefits received are merely incidental.
CANCELLATIONS, CHANGES, AND NONPAYMENT: For a full refund of the nightly rate, the guest must cancel at least 14 full days before the listing's local check-in time (shown in the confirmation email). The service fee will not be refunded unless the guest cancels within the free cancellation period for their reservation. For a 50% refund of the nightly rate, the guest must cancel 7 full days before the listing’s local check in time (shown in the confirmation email), otherwise no refund. If the guest cancels less than 7 days in advance or decides to leave early after check-in, the nights not spent are not refunded. Changes to reservations will be accommodated based on availability prior to arrival. Refunds are not given for unmet expectations, weather, natural disaster, personal, or other related reasons with an exception for a government issued agency mandatory evacuation. The Management Company reserves the right to refuse service to anyone.
PHOTO DISCLAIMER: By confirming a reservation with Pohaku Vacation Rentals you are agreeing to the terms of our rental agreement. One of those terms is the automatic opt in for Pohaku Vacation Rentals to be able to utilize any images or content that contains you or anyone in your groups. These images can be used for any marketing or advertising on behalf of the brand through social media, digital means, commercials, website and any other means of marketing or advertising.
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Pono Kai Resort
Plan Manager #W33307666-01