TERMS AND CONDITIONS
A completed “Vacation Rental Agreement” is required within 24-hours to hold your reservation. The Rental Deposit is due upon receipt. Review and acceptance of the Ola Properties, Inc. Terms & Conditions which is made part of this rental agreement is required before a confirmation will be issued.
Rates are quoted on a per night, per week or per month basis as noted. Unless specified, check-in time is after 4:00 p.m., and checkout by 11:00 a.m. on the day of departure. Most rates quoted are for a specified number of people (4 for 2-bedroom, 6 for 3-bedroom), additional guests are subject to a per person, per day charge. Charges vary and are subject to change without notice. All properties represented by Ola Properties, Inc. come fully equipped with television(s), linens, dishes and utensils and an initial supply of soap and paper goods. Other amenities vary per property.
ADDITIONAL CHARGES (NOT included in rate):
Rates do NOT include daily maid service (unless noted), gratuities, out-of-country (except Canada) long-distance phone charges, car rental, food, liquor, laundry, personal items, excessive cleaning upon departure (i.e. upholstery or rug shampooing, etc.).
RESERVATIONS AND PAYMENTS:
Payment of the applicable 50% Rental Deposit amount together with a completed Guest Reservation Application must be received and approved by Ola Properties, Inc. before a confirmation will be issued. No grace period will apply. Final payment, consisting of the remaining balance, must be received by Ola Properties, Inc. at least thirty (30) days prior to guest arrival (or immediately if booked less than thirty (30) days in advance of guest arrival). Failure to make final payments on a timely basis will make reservation subject to automatic cancelation.
CONDITION OF RENTAL:
The property shall be in the same condition upon departure as at check-in. Normal wear and tear excepted. Owner or its agents may enter the property at reasonable times to make repairs or provide maid service. Guest may cook in areas specifically designated for cooking. Guest must immediately notify Owner or agent of fire or other damage to property. Guest shall be liable for all acts of the family, invitees, employees, or other persons invited onto the property. Guest may not sublet or assign this rental agreement. Guest shall be responsible to return all keys and gate or garage door openers upon departure. Guest shall abide by the House Rules of the Owner, Property Manager, Condominium Association and/or the Booking Agent as provided to Guest. Guests shall not bring any pets onto the property. Guest will not smoke indoors. Guest will rinse feet of sand prior to entering the unit. No parties shall be allowed without prior consent. Additional charges may apply. No catering or outside music permitted without prior consent, additional charges may apply. Guest shall not permit any use of pool or Jacuzzi by unsupervised children or other guests, and shall keep gates closed. Guest and other invitees shall use the pool and Jacuzzi at their own risk. Guest understands that there are certain inherent risks to person and property located adjacent to the ocean or to a golf course, including the possibility of drowning or being struck by a golf ball. Guest acknowledges that the owner would not rent the property unless the Guest accepted this condition.
The Damage Waiver is a fee added to the reservation total. When reported immediately, it covers the registered guest against any accidental damage to the unit or its contents for an amount not to exceed $1,500.00. The Damage Waiver gives our guests a complete and total peace of mind by knowing “When accidents happen…You are covered!”
Damage Waiver Terms:
- Coverage includes accidental damages only. Damage caused by acts of violence or malicious acts will not be covered.
- Damage is limited to the rental unit you are occupying under the terms of your confirmation and does not cover any other structure.
- Coverage includes the interior of the unit including furnishings, appliances and other fixtures.
- Coverage includes limited damage to the exterior including porches.
- Guest's personal items such as luggage, clothing, electronics or any other items that are not a part of the rental property are not covered under this coverage.
- Vehicles of any kind are not covered.
- Damage must be reported to the office immediately for coverage to be in effect.
- Acts of God are not covered.
- Damage or loss caused by pets or any animal brought onto the premises is not covered.
- Damage plan does not cover loss of use of the property.
- Guest is responsible for charges over and above $1,500.
Please report any damage to the unit as soon as it occurs so we may be able to assess and/or minimize the extent of the damages. The Damage Waiver is valid ONLY if the incident is reported PRIOR TO CHECK OUT. The Damage Waiver becomes void upon departure, and any damage found by Ola Properties, Inc will be the sole responsibility of the registered guest.
This plan is provided and administrated by Ola Properties, Inc and is not an insurance policy.
Guests who do not purchase the Damage Waiver are required to make a Security Deposit to protect against any damages to and/or loss of items from the Property and to assure payment of items charged to the Guest Account. The deposit will be held in Ola Properties, Inc. Client Trust Account or the booking agents account and will be returned, minus deductions, not later than 21 calendar days after the termination of the agreement. We must give you a written statement at that time explaining any deductions. Deductions can be made for the following reasons: to repair or replace anything that is damaged or missing; to pay any and all amounts due; to replace all keys; additional cleaning expense or to clean excessive dirt (i.e. stained carpets, furniture, walls, appliances, etc.) and put the unit, and the things in it, in the condition when you moved in. If your deposit is not enough to cover all the damages and costs, you must pay the extra amount, and you authorize us to charge the credit card provided.
LIMITATION OF LIABILITY:
Under no circumstances shall Ola Properties, Inc. be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise whatsoever, howsoever caused or incurred whether arising in contract or otherwise in law or equity as a result of rendering of the services or accommodations as described or substituted and including, without restricting the generality of the foregoing as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of services or land accommodations by Ola Properties, Inc. or by reason of military actions, revolution or acts of God, government agencies, or unforeseen circumstances or events, by any agents, owners, employees, subcontractors, servants or services as substituted; Ola Properties, Inc., at all times will act in good faith and use its best efforts to substitute with accommodations or services of a type as comparable as possible to those contracted. Ola Properties, Inc. will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. Some activities in which guests engage are especially dangerous and include scuba diving, snorkeling, deep-sea fishing, boating, golfing, swimming, boogie boarding, surfing, hiking, biking and mountain climbing. This list is not all-inclusive, but indicates some of the hazards of vacationing in Hawaii. Guests may also encounter the following risks: slippery floors and stairs, especially when wet, lanais with spaces between rails (dangerous for little children), precipitous drop-offs on ocean floor, unfenced pools, faulty electrical or plumbing systems, gas BBQ grills, clean/clear sliding glass doors, and dangerous stairs or pathways, Therefore, each guest agrees that he/she is voluntarily participating in any and all activities, risks, and use of the accommodations, and hereby assumes all risk of injury, illness, damage or loss to person and property that might result, including, without limitation, any loss or theft of personal property. By booking this villa, you acknowledge that in all events and circumstances, Ola Properties, Inc., its officers and employees shall not be liable. Ola Properties, Inc. reserves the right to cancel or rescind any rental agreement if it is found that the Guests are conducting unlawful activities, not abiding by the Home Owners Association House Rules, disturbing others by playing loud music, percussion, audio or instruments, or cause any loud or offensive noises, have made any misrepresentations about the nature or size of the group or use of the group or the use of the property or any other misrepresentations or any other way in breach of the rental agreement.
As this is a Short-Term Transient Vacation Accommodation, the tenant (s) waives all rights he or she may have under the Residential Landlord/Tenant Code of Hawaii, Revised Statutes Chapter 521.
NOTICE OF ABSENCE:
You must tell us in advance if you will be absent from the property for 5 days or more. If you do not give us this notice, you will have to pay for any damage that may result from your absence.
HOLDOVER, ABANDONED POSSESSIONS AND SERVICE OF NOTICES:
If you stay in the unit, without written permission, after the Rental Agreement has ended, you will be a holdover tenant and may be liable for twice rent under the Rental Agreement on a prorated daily basis for each day you are a holdover tenant.
You understand that our insurance does not cover your belongings or damage that you cause. You agree that we are not responsible for any loss or damage during the term of the rental agreement. You agree to carry insurance covering all your personal property located in the unit or bear full responsibility for its damage including damage from fire, water, theft, or any cause.
CHANGES TO A BOOKING:
An additional $100.00 administrative fee will be charged by Ola Properties, Inc. for any change to a booking after a Confirmation has been issued. Acceptance of any change is subject to approval by Ola Properties, Inc.
CANCELATION AND REFUNDS:
Cancelation of booking at any time after Confirmation has been issued may result in forfeiture of deposit(s). Cancelation within the 60-day period prior to check-in may result in forfeiture of the entire rental amount. Refund of monies paid for rental and services will be made under the following circumstances: (1) The Villa is re-booked for the same time period and at the same rate of initial booking. (2) If a portion of the rental time is re-booked, a pro-rata refund will be made. All refunds, whether in whole or pro-rata, will be subject to the deduction equal to 15% of deposit(s) paid. To protect against cancelation caused by certain unforeseen events, such as illness, death, natural disasters, etc., we recommend that guests purchase trip cancelation and Interruption Protection insurance to assure refund of deposits paid and reimbursement of other vacation payments. Ola Properties, Inc. offers such protection through Red Sky Travel Insurance.
CATASTROPHIC EVENTS & EMERGENCY EVACUATIONS:
If a catastrophe (hurricane, tornado, earthquake, flood, etc.) or any situation simply beyond our control impairs the vacation rental, Ola Properties, Inc. is not responsible for finding alternate lodging for the renter or for the renter's financial losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR EMERGENCY EVACUATIONS. Whether you own property, run a business, or rent a condo in Hawaii, the threat of a hurricane, flood, or tsunami is always present during certain months of the year, and we all assume this risk. Therefore, we suggest you consider Travel Protection Insurance to secure your vacation investment and eliminate your financial risk. There will be no refunds of any kind for evacuations.