Terms & Conditions

Please read your Vacation Rental Agreement carefully before you begin your vacation. Any monies received by Elite Pacific for occupancy of Vacation Property indicates the acceptance of our Vacation Rental Terms and Conditions in full. All policies are strictly enforced. It is the responsibility of all guests and members of their party to be familiar with all policies pertaining to the rental.
General Terms
Elite Pacific Terms & Conditions:

COVID-19 RELATED TRAVEL RESTRICTIONS: At the end of the day, March 25, 2022, the Safe Travels Hawai‘i program will conclude. Beginning March 26, 2022, there will be no COVID-related requirements for arriving domestic passengers. Travelers arriving in Hawai‘i directly from international airports must still comply with U.S. federal requirements; consult with your airline

RENTER REQUIREMENTS: For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit cardholder. This person is considered to be the Guest. All other persons involved with the rental are considered to be the Guest’s invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed with the Guest, not the Guest’s invitees. The Guest understands that Elite Pacific rents to responsible adults over the age of 21 ONLY.

MINIMUM RENTAL PERIOD: Minimum stay requirements vary by property based on State, County or local regulations. On Oahu, the City and County of Honolulu regulations require a minimum 30-day rental agreement for properties outside of resort-zoned areas.

BALANCE PAYMENT: If no other payment is received prior to the final balance due date the balance will be automatically deducted using the payment method on file. If you wish to arrange another form of payment, you MUST contact your Reservations Specialist BEFORE the due date. The credit card must have an expiration date that extends beyond your stay. Guest is required to provide a Visa, MasterCard, American Express or Discover Card regardless of how they are paying for the reservation in order to complete the booking.

TAXES: State and individual county taxes may change at any time. Any reservations made prior to the tax increase will be subject to the new tax rates and liable for any additional balances owed as a result.

TEXT COMMUNICATIONS: Elite Pacific uses text messages to communicate with guests about important information related to their upcoming stay. The guest is responsible for any messaging and data charges that may occur. To opt out of text messages, please email your request with your name, reservation number and arrival date to [email protected]

ADDITIONAL FEES NOT INCLUDED IN RESERVATION: Additional fees may apply, including, but not limited to: Resort Fees, guests over the standard guest count, required mid-stay cleaning, excess utility costs, and pool heat.

OCCUPANCY POLICY: The Property is for the sole use as a personal vacation residence for families and responsible adults. Commercial, business or event use is strictly prohibited unless previously agreed to in writing, extra charges may apply. Guest acknowledges that they will personally occupy the Property for the entire length of stay and will not sublet. Guest shall not use the Property for any illegal or unlawful purpose, nor shall the Property be used in a fashion that disturbs or offends the neighbors. Occupancy is restricted to a maximum number of Guests per property, which is not to exceed two guests per bedroom unless otherwise specified. Certain properties offer tiered rental rates based on number of Guests. For these properties occupancy is restricted to the number of Guests listed at the time of booking. Additional Guests are subject to Elite Pacific approval and will incur an extra nightly rate. A list of the first and last names of ALL persons occupying the property is required at the time of booking with additional Guest names required in writing prior to check-in.

DAMAGE POLICY
As a condition to the rental of all Vacation Properties, Elite Pacific reserves the right to charge the Guest’s credit card for any and all Guest/Invitee-caused losses and damages sustained to the Vacation Property throughout the duration of their period of occupancy. In the event of any Guest/Invitee-caused loss or damage to the Vacation Property, including, but not limited to, undue cleaning, eviction, service calls, service charges, fines/assessments, repairs or replacements, plus all applicable taxes, Elite Pacific is hereby granted the right to charge the Guest’s credit card.

TRUST AND SAFETY: Accidental damage protection may be included in the cost of the reservation for certain properties. Please contact your Reservations Specialist to confirm if it is included.

UPON ARRIVAL: Take a look around the unit. If there are concerns or issues with your rental property, please contact the property manager immediately (leave a message if there is no answer). Contact information can be found in your Arrival Instructions. No refunds or considerations are given unless we are notified of problems during your stay. Upon request, we will provide a form for you to document any pre-existing damage so you won’t be held responsible, as well as a claim form for any damage that happens during your stay.

UPON DEPARTURE: At check-out, Guest must leave the property in tidy condition, similar to that at move in. Cleaning crews will handle all major cleaning of linens, towels, kitchens, floors and bathrooms. However, excessive cleaning will be billed to Guest at prevailing rates, which are not less than $45/hour/cleaner.

EMERGENCIES/ MAINTENANCE: In the event of a problem getting in the unit or if there are problems with condition or functionality of the unit, please immediately contact the Property Manager (leave a voice message and send a text message if there is no answer). Property Manager’s contact information can be found in your Arrival Instructions

ARRIVAL TIME: Arrival times vary. Please refer to your Arrival Instructions. Unless you have specifically arranged and received confirmation for an early arrival time, please do not arrive at the property before your scheduled check in time.

DEPARTURE TIME: Departure times vary. Please refer to your Arrival Instructions. Your prompt departure is appreciated so we can prepare the unit for any incoming guests. If you have not arranged for a late check out, you may be charged for each hour beyond the check out time that you are still on property, at a minimum of one hour. If the unit has not been vacated by 4 pm, a fee equal to the daily rental rate may be assessed.

NO SMOKING: Guest agrees that there is to be no smoking in the unit, on any lanais, or on the property during occupancy. Guest will be responsible for any damage to the property caused by cigar and/or cigarette smoke.

POOLS: If a Pool or Spa is available, Guest and other invitees shall use the pool or spa at their own risk. Guest shall not permit use of the pool or spa by unsupervised children or other guests.

POOL FENCES: Pool fences are highly recommended for any Guest traveling with children. Guests are responsible for requesting a pool fence if any member of the party is unable to swim or poses a safety risk while around the pool area. Pool fences are at an additional cost and must be scheduled in advance to arrival. Elite and Owner are not responsible for any damages associated with Guests’ failure to request a pool fence for their stay.
CANCELLATION POLICY: To offer you the best services possible, we strictly adhere to our cancellation policy. However, to help protect your vacation investment you may want to purchase travel insurance to cover the costs of any potential changes to your itinerary.

Guest shall inform Elite Pacific in writing of Guest’s intention to cancel the reservation. (For reservations made through third parties, additional cancellation policies may apply.)

OTHER CANCELLATION: If Elite Pacific cannot provide access to the property for any reason, Owner and/or Elite Pacific may cancel this Agreement and refund in full to the Guest all payments made. Reasons for cancellation may include, but are not limited to: property sale or loss of management, state or county restrictions, changes in law that would make the rental agreement violate any law, or any issues surrounding the safety of occupying the property. Guest agrees that any claims against Owner/Elite Pacific arising out of performance or non-performance under this agreement shall be limited to a full refund of all consideration previously tendered by Guest.

POWER/ WEATHER RELATED CANCELLATION: Elite Pacific does not issue refunds due to acts of nature such as: weather, road conditions, hurricanes, power outages etc, but Travel Protection Insurance does provide some protection against these instances. If the property is uninhabitable due to such circumstances and you did not purchase insurance, reservations can be rescheduled for future dates within one year of the reservation date.

CONSTRUCTION: Elite Pacific and Owner are not responsible for any construction noise beyond the Property. Guest acknowledges that Elite Pacific and Owner have no control over the hours of work or noise level of any construction beyond the Property. Audible construction noise shall not void or negate this Agreement, nor shall it serve as a basis for claim for refund, price reduction, or other compensation.

CHANGE DATES POLICY: There is no guarantee of approval for changes to your reservation once confirmed.

PRIVATE PROPERTY: Guest acknowledges that the accommodation is a privately owned home or condominium as opposed to a hotel. As such, hotel-like amenities such as daily cleaning and bell service are not provided. Additional services can be requested with advanced notice at an additional cost.

UTILITY CHARGES: Guest’s rental charges are based on normal utility usage. We recommend turning off air conditioning when gone, and that all doors and windows are shut if the air conditioning is on. Turn off hot tub heat when not in use. In the event that Guest’s usage results in unusually high charges, Guest agrees to pay for the additional charges beyond those deemed normal for the Property. A 4.5% Payment Processing Fee will be added to this charge. Stays of greater than 30 days may be subject to a utility cap.

REPAIR AND SERVICE CALLS: Elite Pacific and Owner do not guarantee against mechanical or electrical failure of air conditioning, fans, lights, televisions, DVDs, or other equipment. Guest agrees to report any inoperative items to the Property Manager promptly, and Elite Pacific agrees to make every effort to have maintenance done quickly and efficiently. Should a repair person conclude that equipment is in working order, or that failure was due to the actions of the Guest, then the charge for the service call will be billed to Guest and Guest agrees to pay the charge. No refund or rent deduction will be made due to failure of such equipment.
PROPERTIES FOR SALE: If a property is for sale, the owner reserves the right to have the property shown to prospective buyers. The property manager will contact you to make arrangements to schedule the showing at a convenient time.

RIGHT TO ENTER: If necessary, Owner or Elite Pacific or their designated vendors may enter the property in order to inspect or make necessary or requested repairs. Owner or Elite Pacific will give Guest at least 24 hours minimum notice before entering the Property, and will only enter during reasonable hours except in the case of emergency. Regular vendors to the property including, pool, yard, and cleaning services shall be allowed to enter at normally scheduled times.

ENVIRONMENTAL DISCLOSURE: Guest(s) hereby acknowledge the State of Hawaii is exposed to such environmental hazards including but not limited to Tidal Wave/Tsunami, Hurricane and Flood, Volcano Eruptions, etc. Please refer to the local phone book regarding the inundation area and evacuation instructions should a threat occur. We recommend Vacation Rental Insurance for any unforeseen circumstances. Because we are in the Tropics, you may encounter geckos, and other pests. Our properties are treated regularly for pest control maintenance; however, pests are a normal part of life in the tropics. Elite Pacific does not issue refunds due to the presence of pests in the Property.

OCEANS & BEACHES: All beaches in Hawaii are public and Elite Pacific cannot control the public’s use of such areas. As with most natural areas, beaches and shorelines can be unpredictable due to tides, currents, swells and storm events. Elite Pacific cannot guarantee the condition of beaches and ocean accessibility and will not give refunds due to beach and ocean conditions. Lifeguards are not present on many beaches and ocean waves, undertow, currents, rip tides, and dangerous sea creatures vary from area to area, minute by minute, and by season. Please use caution, and if in doubt, don’t go out.

MAIL AND DELIVERIES: Elite Pacific is not responsible for mail or deliveries sent to the property before, during or after Guest stays. Guest(s) hereby acknowledge that mail may not be deliverable to certain properties, and in no circumstance will Elite Pacific be held liable for mail that is lost, damaged, delayed or returned to sender.

SPECIAL REQUESTS AND SERVICES: Any special services requested by Guest(s) which Elite Pacific Agent is able to perform, may be performed at a rate of $75/hour, for management oversight and coordination, with prior agreement between Guest(s) and Elite Pacific (example: mailing left items back to guest).

Standard House Rules

INVENTORY: All contents of the house, including books, cds and dvds, are provided for your full enjoyment for use during your stay. Please note: A full inventory of the house is taken. Please let us know ahead of time if something is broken or lost, it is very much appreciated.

HOUSEHOLD SUPPLIES: An initial supply of soaps, cleaning supplies, paper goods and other necessities have been provided for your use. You will likely need to pick up additional supplies during your visit.

SHOES IN THE HOUSE: It is a tradition in Hawaii to remove your shoes before entering a home. Kindly remove shoes upon entering the home.

FURNITURE: Please do NOT move any furniture around to avoid damaging floors or furniture. Also, please use caution when eating or drinking near any furniture, upholstery, or bedding. Please do not put any wet clothes, bathing suits on the furniture or balcony and/or lanais rails. Interior furniture is to be used only inside. Moving furniture is discouraged. When moving dining chairs or bar stools, please be careful to avoid floor damage. Use lanai furniture on lanai only.

SAND: Please shake out all of your towels and sandy clothes. Please rinse off by the outside shower.

BEACH TOWELS: Beach towels have been provided for your enjoyment. Please do not use the regular towels for the beach use. Remember to shake off sand before bringing them into the house to put in the washing machine.

BEACH EQUIPMENT: Please rinse and return after each use.

WASHER & DRYER: Please use with care. NEVER put sandy towels or shoes in the machines. This can result in damaging the machine. Please make sure the lint trap is cleaned after each dry cycle.

HOUSEKEEPING SERVICES: Housekeeping service is not provided with your rental, unless otherwise specified in your rental agreement. Please call the property manager should you wish to schedule a cleaning.

SPILLS: Please clean up immediately! If on linens, pillows etc. – Please wash asap to avoid stains.

SAFETY AND SECURITY: When leaving the home unattended, or during the night, please close and lock all windows and doors. Be cautious with your personal belongings at all times.

NEIGHBORHOOD: Please be thoughtful of our neighbors, no loud music or excessive noise from 8pm to 8am.

PETS ARE NOT ALLOWED: Please do not bring any animals in the home regardless of how adorable they look. They can create a flea problem and Professional Defleaing start at $200.00

OCEAN: Please remember that the ocean has a strong current and powerful surf. Swim at your own risk. Swimming at “pounders beach” is not recommended except for experienced surfers. Swimming at night is especially dangerous and should not be done by anyone.

PARKING: Please park in your designated parking areas. Please be respectful of the neighbors and do not block driveways, sidewalks or mailboxes.

PARTIES/EVENTS: This reservation is for quiet residential vacation use only. Therefore, parties, receptions, luaus, events and gatherings of any size or kind are strictly prohibited.

TROPICAL PESTS: This home is regularly treated for pests. In the tropics, however, they can’t always be avoided. Please keep food in air-tight containers; dispose of food scraps in Ziploc or tied plastic bags; do not leave dirty dishes out for extended periods. Special care should also be taken to dispose of diapers in airtight Ziplocs or bags. While most of the pests are harmless, please stay away from our centipedes, which have a nasty sting and can be dangerous.

Special Terms for Oahu 30-Day Rentals

Land Use Ordinance Compliance: In accordance with City and County of Honolulu Land Use Ordinance section 21-10.1, this property is provided to you, exclusively, for a period of 30 days or greater. You are electing to occupy this property for the exact days outlined in the booking details. By law, the property cannot be rented to or occupied by other tenants during any portion of the 30-day term.

For reservations checking in after April 21, 2023: Due to a recent change in Oahu County land use law, stays of less than 90 days in residential areas may be prohibited after October 23, 2022. There is pending litigation disputing this change in law. In the case that the litigation is unsuccessful in allowing rental periods of 30 days, this reservation may have to be canceled. Guest understands Guest’s only restitution in this situation is a full refund of any rents paid to Elite Pacific. Reservations checkin in prior to October 23, 2022 must adhere to Ordinance 19-18, requiring 30 day rental periods, but will otherwise not be impacted.

Special Terms for Big Island 31-Day Rentals

Based on zoning allowances, some properties in Hawaii County must be rented for periods of 31 days or greater. By law, the property cannot be rented to or occupied by other tenants during any portion of the 31-day term covered by this Agreement. A signed booking confirmation is a requirement of the reservation. Guest understands and agrees that the Rental Charges are determined based on Guest’s planned Arrival and Departure dates, and that Owner and Agent incur significant costs based on the number of days that Guest actually occupies and uses the Property. Guest further understands and agrees that in the event that they occupy the Property for more days than specified, based on the Arrival Date and Departure Date, that Guest will pay an additional Property Usage Charge, plus state and county General Excise and Transient Accommodation Taxes thereon; and Guest authorizes Agent to charge their credit card on file for the full amount of that Property Usage Charge (if any), plus taxes, plus a Credit Card Processing Fee of 3.5%.

 

Special Terms for Hualalai Bookings

Guest acknowledges that all Four Seasons Resort Hualalai daily resort fees and all other resort charges incurred during your stay are not included in the rent. Four Seasons Resort Hualalai daily resort fees and all other resort charges incurred during your stay are the sole responsibility of the Guest and are paid directly to the Four Seasons Resort Hualalai.
After confirmation of your reservation, we will register your party with the Club Concierge group at the Four Seasons Resort at Hualalai who will work directly with you on establishing your resort charge account. Upon arrival at the Resort, the Guest is required to visit the Residential Concierge/Services offices. These offices are located next to the spa/fitness center retail shop and near the Hualalai Trading Company retail store. The Guest may check in with the Residential Concierge, who shall ask the Guest to complete certain registration documents and take a credit card imprint for billing purposes. The Residential Concierge will issue a resort charge card to the Guest which is valid during occupancy for the various Hualalai Resort and Four Seasons Hotel amenities.
Please be advised that Four Seasons Resort Management maintains absolute control of the establishment and administration of daily resort fees, policies and amenities access. Resort amenities cannot be guaranteed and may be limited, without advance notice, during certain local events and peak holidays. No refunds or discounts will be given during these times.

Affirmations

Guest agrees to indemnify, defend and hold harmless Owner and Agent from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage, or injury to Guest and guests or their personal property. Owner and agent are not responsible for lost, stolen, or misplaced items. Guest is also aware of the inherent risks to person and property while occupying residences near the ocean or that have pool/Jacuzzi features.

Any and all claims, controversies or disputes arising out of or relating to this contract/agreement, or the breach thereof, which remain unresolved after direct negotiations between the parties, shall first be submitted to confidential Mediation in accordance with the Rules, Procedures, and Protocols for Mediation of Disputes of Dispute Prevention & Resolution, Inc., then in effect. If any issues, claims or disputes remain unresolved after mediation concludes, the parties agree to submit any such issues to binding arbitration before one arbitrator in accordance with the Rules, Procedures, and Protocols for Arbitration of Disputes of Dispute Prevention & Resolution, Inc., then in effect. The parties further agree that the award of the arbitrator is binding upon the parties and that judgment upon the award rendered may be entered in any court of competent jurisdiction.

This agreement shall be governed by and construed in accordance with the laws of the State of Hawaii. All disputes or claims pertaining to the Agreement shall be adjudicated in the State of Hawaii, County of Honolulu.

By confirming this reservation, I warrant that I have read, understand and agree to all of the terms set forth below, including, without limitation, the Cancellation Policy. I acknowledge that the property has specific House Rules that will be provided to me at the time of confirmation of the reservation, if not previously provided. I agree to abide by the restrictions stated in the House Rules for the property, as well as all terms of this Agreement.

I understand that Elite Pacific is an agent for the owner. I further understand and represent that I will explain the Terms & Conditions to all individuals in my group who are authorized to stay at the property prior to their arrival. I am executing this Agreement on behalf of all individuals in my group, who agree to be bound by the Terms and Conditions set forth herein.

I authorize Elite Pacific to charge the card I’ve provided for payment of my reservation and/or any additional requested rental expenses incurred, and to pay for those incidentals, damage or excessive cleaning expenses incurred that are not covered for reimbursement under the Accidental Damage Protection plan. I agree to pay the 3.5% credit card surcharge fee. I also hereby confirm that the number of guests will NOT be more than stated in this agreement at any time and that violation of this policy will result in my credit card being charged maximum occupancy or double the guest fees, whichever is greater

Last Updated: 2022-06-16 11:52:55
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