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INTERNET RENTAL AGREEMENT

This Rental Agreement (the “Agreement”) is made by and between Kina’s Maui Condo Rentals LLC, dba Aloha Maui Vacation Rentals, dba Aloha Vacation Rentals  (the “Manager”) and  and the person agreeing to this rental by completing a reservation (the “Guest”) and applies to all reservations booked via any Internet website as of the date that an inquiry or booking is made. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:

 

SPECIAL TERMS:  Rentals at the Makena Aloha Estate or the Rainbow Hale Estate are governed by the terms throughout this Rental Agreement, except as specifically modified in Paragraph 27.

1. RENTAL PROPERTY (the “Property”): The Property is the one that Guest has arranged to rent via any Internet website.

2. VACATION RENTAL DAMAGE PROTECTION: As part of your stay you have been offered a Vacation Rental Damage plan (for $50.00) designed to cover unintentional damages to the rental unit interior that occur during your stay. This policy will pay a maximum benefit of $3000. Any damages that exceed $3000 will be charged to the credit card on file. If you damage the real or personal property assigned to your rental accommodation during the trip, the Insurer will reimburse the lesser of the cost of repairs or the Actual Cash Value of the property, up to $3000. Certain terms and conditions apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy (www.vacationrentalinsurance.com/G-10VRD ). By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Kina's Maui Condo Rentals LLC (dba Aloha Maui Vacation Rentals, dba Aloha Vacation Rentals) any amount payable under the terms and conditions of the Vacation Rental Damage plan. Please contact  Kina's Maui Condo Rentals LLC (dba Aloha Maui Vacation Rentals, dba Aloha Vacation Rentals) directly if you do not wish to participate in this plan or assignment in order to arrange an alternative cash deposit.

If the Vacation Rental Damage plan is not purchased, then a $3000.00 to $5000 (depending upon the property) Damage Deposit will be required. The Damage Deposit and /or any payments required for the rental, must be paid to Manager at time of Internet or direct booking or the reservation will be automatically canceled without notice. The Damage Deposit will not be applied toward rent; however, it is fully refundable within (14) days of departure, provided the following provisions are met: a) No damage is done to unit or its contents, beyond normal wear and tear, and b) No costs are incurred due to contraband, pets or for collection of rents or services rendered during the stay, and c) All debris, rubbish and discards are placed in outside trash containers and soiled dishes are placed in the dishwasher and cleaned and one load of laundry is started, and d) All keys are left on the kitchen counter and unit is left locked, and e) All charges accrued during the stay are paid prior to departure, and f) No linens (including bedspreads, pillows, towels, etc) are lost or damaged, and g) No early check-in or late check-out, and h) The renter is not evicted by the Property Owner (the “Owner”), a representative of the Owner, the local law enforcement, the security company employed by the resort, or the Manager. This Agreement shall not be binding unless and until the Manager has received the amount specified and all credit card charges have cleared the bank. 

3.BALANCE DUE: If booking is paid directly via the Internet, full payment is required at time of Internet booking, including all rents, taxes, cleaning and damage insurance/deposit fees. If booked via later signed agreement, then a deposit of $1000.00 is due with the completed Agreement via credit card.  Final Payment must be  received by Manager sixty (60) days prior to arrival and must be paid by credit card.  For reservations made less than 60 days from check in, all funds are immediately due.  Any reservations that generate a total payment of less than $1,000.00 will need to be paid in full.  ALL RESERVATIONS MUST BE PAID IN FULL 60 DAYS PRIOR TO CHECK IN.

4. TAXES:Taxes as required by the State of Hawaii include the collection of a 13.25% Transient

Accommodations Tax and a 4.712% General Excise Tax on all rental and cleaning fees and damage insurance.  Taxes are subject to change. 

5. CANCELLATIONS: Cancellations must be made in writing and received by the Manager.  All cancellations are subject to a $750.00 cancellation fee.  Cancellations made more than 60 days prior to arrival will have the deposit payment refunded, less the $750.00 cancellation fee, unless the canceled stay includes Christmas Day, Thanksgiving Day or Easter Day, in which case there is no refund.  Cancellations made less than 60 days prior to arrival date or the canceled stay includes Christmas Day, Thanksgiving Day or Easter Day will have no refund of rents paid and all rents and taxes paid shall be forfeited as damages. Due to this policy, Manager strongly recommends buying travel insurance. 

6. PETS: Pets are not permitted in the Property.  Violation is grounds for immediate termination with no refunds of any payments paid or due.

7. ALL RENTALS ARE TO FAMILIES AND RESPONSIBLE ADULTS ONLY: Occupancy is restricted to those people listed at time of Internet Rental.  The Guest signing this contract must be at least 21 years of age. Violation of any of these terms is grounds for termination.  Guest agrees that the premises shall not be used for any illegal or unlawful purposes.  Occupancy and use of premises and common areas in such a fashion that disturbs or offends other guests or residents is grounds for termination.  We wish you to have an enjoyable vacation, but you must respect the rights of other guests and the rules of the Resort's Homeowner’s Association. 

8. CHECK IN/CHECK OUT: CHECK IN will be after 3:00 P.M. on the arrival date.  CHECK OUT on the date of departure will be by 10:00 A.M.  Failure to check out by 10:00 A.M. will result in a charge to the Guest equal to one night’s rent.  Please remember that the next guests are waiting to arrive.  You may request a late check out, however we do charge a late check out fee of ½ the nightly rate and will provide only if it is available.

9. CARE OF PROPERTY:  Guest is expected to care for the Property as if it were their own.  Guest is responsible for any damage to Property and/or its contents, as well as any contents found to be missing after Guest’s occupancy.  Any damage to the Property during the occupancy will be Guest’s responsibility and must be reported to the Manager and settled prior to departure.  The damage insurance will cover most damage, but Guest's cooperation in applying for compensation may be required. Damage under $100 will be charged back to Guest without filing a damage insurance claim. Failure to comply will give the Manager the right to charge Guest’s credit card for all sums. Damage not covered by Damage Insurance is still Guest's responsibility and will be charged to Guest's credit card. Rearranging of furniture is not permitted.  Guest must leave the Property in a clean condition to include the following: All debris, rubbish and discards are placed in outside trash containers.  All dishes put away or loaded in the dishwasher and run.  All lights, air conditioners and ceiling fans turned OFF.  All doors and windows closed and locked.  Failure to complete these tasks could result in a charge to the Guest. Please leave the Property in relatively clean condition. Any excessive cleaning fees charged to Manager by our housekeepers will be charged back to you, the Guest.

10. GRILLING: Grilling permitted only in community grills.  ABSOLUTELY NO GRILLING ALLOWED IN THE PROPERTY OR ON THE LANAI. 

11. LOCKED STORAGE AREAS:LOCKED AREA AND/OR AREAS DESIGNATED AS OWNER’S PERSONAL STORAGE AREAS are exempt from this lease Agreement and are off limits to the Guest.  Forced entry into these areas is grounds for immediate termination and Guest will be charged for damage and/or missing items.

12. DELIVERY OF PROPERTY:IN THE EVENT that the Manager is unable to deliver said Property to Guest under this Agreement prior to occupancy because of fire, eminent domain, act of nature, or any other reason whatsoever, Guest hereby agrees that Manager’s sole liability as a result of these conditions is a full refund of all consideration previously tendered by Guest.  Pursuant to the terms of this  Agreement, Guest expressly acknowledges that in no event shall Manager be held liable for any consequential or secondary damages. 

13. LOST, STOLEN, OR ABANDONED ARTICLES:Manager shall not have any responsibility for lost, stolen or abandoned items.

14. INDEMNITY: All of the Properties are privately owned; the Owners and Manager are not responsible for any accidents, injuries or illness that occurs while on the premises or its facilities.  The Owners and Manager are not responsible for the loss of personal belongings or valuables of the Guest. By accepting this reservation, it is agreed that all Guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premises.  The Guests’ agree to release and indemnify the Owner and Manager from and against all liability, should anyone be injured upon the premises during the term of the rental, resulting from any cause whatsoever. 

15. NON-SMOKING: The Property is non-smoking.  Smoking may be allowed in certain outdoor areas per the Resort's Homeowner’s Association.  If smoke smell is detected in The Property, Guest will be charged a fee of $1000.00 to clean and deodorize the Property thoroughly.

16. INCLUSIVE FEES:Rates include a one-time linen and towel setup.  Amenity fees may be required for tennis, golf putting, shuffleboard, classes, other Resort charges and parking. Daily resort fees may be required upon check in.Daily resort fees of $17.00 per day (up to 10 days in a 30 day period) will be charged at the time of check out at Papakea Resort.

17. NO DAILY MAID SERVICE:  While linens and bath towels are included in the Property, daily maid service is not included in the rental rate, however is available at an additional rate. We do not permit bath towels or linens to be taken from the Property. We supply beach towels. If you take beach towels to the beach, please return them to the Property.Stays of 30 days or longer will require cleaning every two weeks charged to Guest at the same rate as the checkout Cleaning Fee.

18. HURRICANE/EARTHQUAKE/FLIGHT CANCELLATION/STORM POLICY/ PANDEMIC:No refunds will be given for any acts of nature or travel delays. We highly recommend you purchase travel insurance. 

19. TRAVEL INSURANCE/PERSONAL RESPONSIBILITY: We highly recommend you purchase travel insurance. Travel insurance is highly recommended and we have emphasized that in Paragraphs 5, 18 and 19. Guest agrees that they have been advised that travel insurance is highly recommended and agrees that they take full personal financial responsibility for any problems that may arise including the payment of any cancellation fees.

20. RENTAL RULES: Guest agrees to abide by the Rental Rules attached as Attachment A at all times while at the Property and shall cause all members of the Guest party and anyone else Guest permits on the Property to abide by the following rules at all times while at the Property.  Guest further agrees to abide by any other rules and security as set out by The Resort Management.

21. ACCESS:Guest shall allow Manager access to the Property for purposes of repair and inspection. Manager shall exercise this right of access in a reasonable manner.

22. Names of ALL Guests (the “Guest Party”) who will occupy the Property: Only Guests listed during the Internet rental booking are allowed to stay in the Property.

23. RENTAL DATES: CHECK IN AND CHECK OUT DATES: Are the dates as agreed to during the Internet booking process.

24. UTILITY INTERRUPTIONS: Since our properties are located on a small island in the middle of the Pacific Ocean, they are very occasionally subject to certain issues such as Internet or electricity or cell phone or telephone or cable or TV signal outages that are beyond our control, particularly when bad weather strikes or the electrical generation plant on the island goes down or has a brown out. While these events are rare, please be aware that service may be interrupted or not available from time to time.

25. RENTAL FEES/PAYMENT:Internet bookings require all fees/taxes/deposits/insurance be paid at time of booking. Acceptable payment methods for the Internet booking process are Credit Card only.

By completing your Internet booking process, you hereby give permission to charge your credit card for the amounts specified during the booking process and that this credit card authorization cannot be revoked and will not terminate until 30 days after The Property is  vacated by Guest. I agree that all rental monies are non-refundable per cancellation policy above. I have read my rights to purchase travel insurance.

26. INSECTS/PESTS: Hawaii has one of the most enjoyable ecosystems on earth, and insects are a part of that ecosystem. We try to control this natural occurrence by regularly spraying for insects. The most common pests that may find their way into the Property include ants, small beetles, gnats, mosquitoes, geckos, spiders, centipedes and cockroaches. Naturally, it is a good idea to keep the doors closed while enjoying our islands but that will not necessarily eliminate all occurrences of insects. We do not offer refunds or adjustments for pest control issues.

27. SPECIAL TERMS:  Rentals at the Makena Aloha Estate or the Rainbow Hale Estate are governed by the terms throughout this Rental Agreement, except as specifically modified below.

  1. Paragraph 2 is modified as follows: No Vacation Rental Damage plan is available. Rentals at the Makena Aloha Estate or the Rainbow Hale Estate will require a $5000.00 Damage/Security deposit. For Makena Aloha Estate,  2 gate key fob cards are supplied and are $125.00/each if missing upon checkout.

  2. Paragraph 3 is modified as follows: Rentals at the Makena Aloha Estate or the Rainbow Hale Estate will, If booking is paid directly via the Internet, require full payment at time of Internet booking, including all rents, taxes, cleaning and Damage/Security Deposit. If booked via later signed agreement, then no Vacation Damage Rental Insurance  is available and instead, theSecurity Deposit of $5000.00 and 50% of the Total Amount Due is due with the completed rental agreement via credit card. Final Payment must be received by Manager sixty (60) days prior to arrival and must be paid by credit card.  For reservations made less than 60 days from check in, all funds are immediately due.  ALL RESERVATIONS MUST BE PAID IN FULL 60 DAYS PRIOR TO CHECK IN.

  3. Paragraph 5 is modified as follows: Rentals at the Makena Aloha Estate or the Rainbow Hale Estate: Cancellations must be made in writing and received by the Manager.  All cancellations are subject to a $3500.00 cancellation fee.  Cancellations made more than 60 days prior to arrival will have the deposit payment refunded, less the $3500.00 cancellation fee, unless the canceled stay includes Christmas Day, Thanksgiving Day or Easter Day, in which case there is no refund.  Cancellations made less than 60 days prior to arrival date or the canceled stay includes Christmas Day, Thanksgiving Day or Easter Day will have no refund of rents paid and all rents and taxes paid shall be forfeited as damages. Due to this policy, Manager strongly recommends buying travel insurance. 

  4. Paragraph 10 is modified as follows: Rentals at the Makena Aloha Estate or the Rainbow Hale Estate: Please use the outdoor grilled supplied with the Property. ABSOLUTELY NO OTHER GRILLING ALLOWED IN THE PROPERTY OR ON THE LANAI.

  5. Paragraph 15 is modified as follows: Rentals at the Makena Aloha Estate or the Rainbow Hale Estate: The Property is non-smoking. Smoking is allowed outdoors, 20 feet away from the house/garage on the Property and Guest must extinguish tobacco products properly. If smoke smell is detected in The Property, Guest will be charged a fee of $3000.00 to clean and deoderize the Property thoroughly.

  6. Paragraph 16 is modified as follows: Rentals at the Makena Aloha Estate or the Rainbow Hale Estate: There are no amenity fees, or resort fees or daily resort fees. Pool heating is available for a daily fee, with a two day minimum, prepaid. Since the cost of propane can vary greatly from month to month, please ask for a quote about 2 weeks prior to your check in date. Propane is extremely expensive on Maui and this is merely the cost of this propane being passed through to the Guest. If  you wish the pool heated, please notify Manager to arrange it. If Guest turns on or directs Manager or its contractors to have the heat turned on, Guest agrees to pay a fee of $300.00 per day or actual costs at Makena Aloha Estate, whichever is greater, with a two-day minimum or a fee of $400.00 per day or actual costs at Rainbow Hale Estate, whichever is greater, with a two day minimum.  

  7. Paragraph 20 is modified as follows: Rentals at the Makena Aloha Estate or the Rainbow Hale Estate: Rental Rules for the Rainbow Hale Estate are in Attachment B. Rental Rules for the Makena Aloha Estate are in Attachment C.

YOUR COMPLETION OF THE INTERNET BOOKING PROCESS, OR PAYMENT OF MONEY OR TAKING POSSESSION OF THE PROPERTY AFTER RECEIPT OF THE AGREEMENT, IS EVIDENCE OF YOUR ACCEPTANCE OF THE AGREEMENT AND YOUR INTENT TO LEASE THIS PROPERTY FOR A VACATION RENTAL.

 

ATTACHMENT A

RENTAL RULES

1. Smoking is NOT allowed in the Property.  Smoking is allowed outside in designated areas only.

2. People other than those in the Guest Party set forth above may not stay overnight in the Property. Any other person in the Property is the sole responsibility of the Guest.  There are quiet hours posted at the Resort.  Please observe them.

3. Keep the Property and all furnishings in good order.

4. Only use appliances for their intended uses.

5. Pets are NOT allowed.

6. Parking: Parking Passes –Parking passes are issued upon check in at certain properties.  If issued one, guests must display the parking pass in their car at all times, per directions.  Failure to display may result in towing of vehicle at Guest’s expense.

7. Housekeeping: There is no daily housekeeping service.  While linens and bath towels are included in the Property, daily maid service is not included in the rental rate.  We do not permit towels (other than beach towels)  or linens to be taken from the Property.  Beach towels are available in the Property for use outside by the pool or at the beach.

8. Pool/Spa: Please obey the rules posted by the pool and spa.  When using the pool and spa, remember there is a certain health risk associated with this facility.  Use at your own risk.

 

ATTACHMENT B

RAINBOW HALE ESTATE RENTAL HOUSE RULES

1. Quiet hours are from 9:00 pm to 8:00 am, during which time the noise shall not unnecessarily disturb neighbors. Audible sound beyond Property boundaries during non-quiet hours shall not be more excessive than would otherwise be associated with a residential area.

2. Vehicles shall be parked in designated on-site parking areas only and shall not be parked on the street.

3. No parties or group gatherings other than registered guests shall occur.

4. Maximum number of registered guests is not to exceed 8.

5. Smoking is NOT allowed in the house or garage on the Property. Smoking is allowed outdoors, 20 feet away from the house/garage on the Property and Guest must extinguish tobacco products properly.

6. People other than those in the Guest Party set forth above may not stay overnight in the Property. Any other person in the Property is the sole responsibility of the Guest. 

7. Keep the Property and all furnishings in good order.

8. Only use appliances for their intended uses.

9. Pets are NOT allowed.

10. Housekeeping: There is no daily housekeeping service.  While linens and bath towels are included in the Property, daily maid service is not included in the rental rate. Beach towels are available in the Property for use outside by the pool or at the beach.

11. Pool/Spa: Please use common sense when using the pool and spa.  When using the pool and spa, remember there is a certain health risk associated with this facility.  Use at your own risk.

12. The Coffee Berry Borer Beetle is a pest that is very damaging to coffee plantations. The Beetle is a hitchhiker and can travel on one's shoes and clothing. So far, the Kaanapali Coffee Farms have been able to avoid infestation with careful safeguarding. In the interest and preservation of our coffee farm, we respectfully ask if you visit a farm or agricultural area during your time on Maui or neighboring islands, that you bag your clothing and shoes prior to returning to the Kaanapali Coffee Farms and immediately wash them. We truly appreciate your assistance in keeping our crops healthy. 

 

ATTACHMENT C

MAKENA ALOHA ESTATE RENTAL HOUSE RULES

1. Quiet hours are from 9:00 pm to 8:00 am, during which time the noise shall not unnecessarily disturb neighbors. Audible sound beyond Property boundaries during non-quiet hours shall not be more excessive than would otherwise be associated with a residential area.

2. Vehicles shall be parked in designated on-site parking areas only and shall not be parked on the street.

3. Reservations are limited to one (1) rental group at a time.

4. No parties or group gatherings other than registered guests shall occur.

5. Occupancy is limited to a maximum of six (6) persons in the main house and four (4) persons in the cottage, including children over the age of two (2) years old.

6. Maximum number of registered guests shall be limited to up to two (2) guests per bedroom; not to exceed 10 guests, including children over the age of two (2) years old.

7. Smoking is NOT allowed in the house or garage on the Property. Smoking is allowed outdoors, 20 feet away from the house/garage on the Property and Guest must extinguish tobacco products properly.

8. People other than those in the Guest Party set forth above may not stay overnight in the Property. Any other person in the Property is the sole responsibility of the Guest. 

9. Keep the Property and all furnishings in good order.

10. Only use appliances for their intended uses.

11. Pets are NOT allowed.

12. Housekeeping: There is no daily housekeeping service.  While linens and bath towels are included in the Property, daily maid service is not included in the rental rate. Beach towels are available in the Property for use outside by the pool or at the beach.

13. Pool/Spa: Please use common sense when using the pool and spa.  When using the pool and spa, remember there is a certain health risk associated with this facility.  Use at your own risk.