TERMS AND CONDITIONS
Please read your Vacation Rental Agreement carefully before you begin your vacation. Any monies received by Elite Pacific Properties, LLC for occupancy of Vacation Property, indicates the acceptance of the terms of our Vacation Rental Agreement 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.
COVID-19 RELATED TRAVEL RESTRICTIONS: The Pre-Travel Testing Program is scheduled to begin on October 15, 2020. Pre-travel testing provides travelers with an alternative to the mandatory 14-day quarantine if they meet the State and County testing requirements. Requirements may change over time. Upon arrival in Hawaii, passengers unable to provide proof of an approved negative test will be required to go into quarantine for 14 days or until they can provide proof of negative test results. For more information please visit: https://hawaiicovid19.com/travel/#travel-FAQs
Elite cannot guarantee access to a property for guests who are subject to quarantine requirements. Please make arrangements to take a valid COVID-19 test within 72 hours of arrival AND have your results prior to arriving in the State. Cancellation due to failure to obtain test results within the allotted time are non-refundable.
RENTER REQUIREMENTS: For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit card holder. 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, cancelation, and damage policies will be discussed with the Guest, not the Guest's invitees. The Guest understands that Elite Pacific Properties rents to responsible adults over the age of 21 ONLY.
MINIMUM RENTAL PERIOD: Minimum stay requirements vary by property. On Oahu, the City and County of Honolulu regulations require a minimum 30-day rental agreement for properties outside of resort-zoned areas. Therefore your rental agreement will be for a minimum of 30 days and a signed booking confirmation is required to complete your reservation. Please see Special Terms for Oahu 30-Day Rentals Only.
See also Special Terms for Big Island 31 Day Rentals below.
CREDIT CARD POLICY: A credit card is required regardless of how the reservation is being paid for and is used for payment of incidentals and other charges in connection with your stay. Please see Guest Acknowledgement and Credit Card Authorization.
BOOKING DEPOSIT PAYMENT: A 30% Booking Deposit of the total charges is required to confirm the reservation. The Final Balance is due 90 days prior to arrival. Any reservations made within 90 days of arrival are due in full in order to have a confirmed reservation. Some exceptions may apply. Please see Special Terms for Montage Bookings Only.
BALANCE PAYMENT: If no other payment is received prior to the final balance due date, we will automatically run the balance on the credit card on file. If you wish to arrange another form of payment, you MUST contact your Reservations Manager 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: The State of Hawaii and individual Counties may change the General Excise or Transient Accommodation Taxes 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.
As a condition to the rental of all Vacation Properties, Elite Pacific Properties 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 Properties is hereby granted the right to charge the Guest’s credit card.
Some rentals require a refundable security deposit. Inquire with your Reservations Manager. If a security deposit has been made, no portion may be applied to additional rental time or fees or other charges accrued by the Guest/Invitees. The entire deposit will be refunded if:
(1) no damage was done to the property other than reasonable wear and tear,
(2) all keys are accounted for,
(3) no items were missing,
(4) all doors and windows were closed and secured upon departure,
(5) all check out procedures were followed,
(6) all Rental Agreement policies were followed,
(7) no miscellaneous charges were incurred, e.g., unpaid rental fees, guests or pets, additional cleaning fees, or other charges.
If a security deposit has been collected and if the Guest/Invitee caused losses and damages exceed the security deposit amount, Elite Pacific Properties reserves the right to charge the Guest’s credit card for the difference.
Upon request, an itemized statement outlining all associated costs will be sent via regular or electronic mail to the address submitted by the Guest at such time as the reservation was booked. By written or electronic endorsement of this Agreement, the Guest hereby agrees to pay for all such charges, as defined above and on the proceeding pages.
TRUST AND SAFETY: Accidental damage protection may be included in the cost of the reservation for certain properties. Please contact your reservationist to confirm if it is included.
HOUSE RULES: Each home may have additional House Rules that must be signed prior to arrival. Please inquire about additional house rules for your specific rental.
ADDITIONAL FEES NOT INCLUDED IN RESERVATION: Additional fees may apply to your reservation, including, but not limited to: resort fees, additional guest fees, pool heating, electrical surcharges and additional cleaning.
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 at $40/hour and will be charged to the Guest.
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 is listed in the Arrival Instructions you will be sent prior to check-in.
ARRIVAL TIME: Arrival times vary. Please refer to your Arrival Instructions. Unless you have specifically arranged 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 $35 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 1/2 of 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 cigarettes 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.
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 Agent in writing of Guest’s intention to cancel the reservation. (For reservations made through third parties, additional cancellation policies may apply.) The cancellation policy is as follows:
- If Cancellation notice is received more than forty five days (46+) prior to the check-in date, a cancellation fee equal to 10% of the Reservation Grand Total will be forfeited and the balance will be refunded within 7 days from receipt of written cancellation.
- If Cancellation notice is received between 45-30 days prior to the check-in date, a cancellation fee equal to 50% of the Reservation Grand Total will be forfeited and the balance will be refunded within 7 days from receipt of written cancellation
- If Cancellation notice is received less than 30 days (0-29) prior to the check-in date, the full booking amount of rent and taxes will be forfeited. The Security Deposit and any pre-collected cleaning fees will be refunded within 7 days from receipt of written cancellation. As courtesy to our Guest, if Agent is able to rebook any portion of the canceled reservation, Guest will be refunded to the extent that Agent is able to re-book the Property.
- Refunds will be issued within 7 days from receipt of written cancellation to the payment method used in the initial deposit. Credit card fees and travel insurance are non-refundable
- Property sale or loss of management: In the event that the reserved property is unavailable due to sale or through termination of the property management agreement Owner and/or Agent may cancel this Agreement and refund in full to the Guest all payments made. Agent will assist in procuring similar alternative accommodation should this situation arise. Guest agrees that any claims against Owner/Agent arising out of performance or non-performance under this agreement shall be limited to a full refund of all consideration previously tendered by Guest.
- State and County restrictions: In the event that state or county rules restrict the Company from allowing Guest access to the property, Guest will be entitled to a voucher for the full value of the stay, less travel insurance, if applicable.
- This loss can be avoided if Travel Protection Insurance was purchased and the reason for cancelation is covered under the travel insurance policy. All reservation changes must be acknowledged in writing.
VACATION RENTAL INSURANCE: Vacation Rental Insurance can be purchased along with your reservation by contacting firstname.lastname@example.org. Vacation Rental Insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. If you do not accept protection, you acknowledge that you have read and understand our cancellation policy and choose not to purchase Vacation Rental Insurance on behalf of all occupants. For more information on policy coverages please visit: https://trippreserver.com/sun-trip-preserver/
POWER/ WEATHER RELATED CANCELATION: Elite Pacific Properties does NOT issue refunds due to acts of nature such as: weather, road conditions, hurricanes, power outages etc, however, 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: Agent and Owner are not responsible for any construction noise beyond the Property. Guest acknowledges that Agent 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 approved of 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 advance notice at an additional cost.
REPAIR AND SERVICE CALLS: Agent 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 Agent promptly, and Agent 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 Agent or their designated vendors may enter the property in order to inspect or make necessary or requested repairs. Owner or Agent 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.
OCCUPANCY: The Property is for the sole use as a personal vacation residence for families and responsible adults. Guest acknowledges that they will personally occupy the Property for the entire length of stay and will not sublet. Tenant 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 Agent 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.
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 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 Properties does not issue refunds due to the presence of pests in the Property.
OCEANS & BEACHES: All beaches in Hawaii are public and Company 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. Company 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 Properties 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 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 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 Agent (example: mailing left items back to guest).
SPECIAL TERMS FOR OAHU 30-DAY RENTALS ONLY
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.
SPECIAL TERMS FOR BIG ISLAND 31 DAY RENTALS ONLY
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.
PROPERTY USAGE CHARGE: 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 ONLY
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.
SPECIAL TERMS FOR MONTAGE BOOKINGS ONLY
PAYMENT INFORMATION: 50% of the total reservation is due now in order to confirm this reservation. The remaining balance will be due 60 days prior to arrival. The balance will be charged to your credit card on file. If you wish to make other payment arrangements, you will be required to contact us no later than 67 days prior. If the balance has not been paid by the due date, it will be charged to your credit card on file.
INDEMNITY/DISPUTES/JURISDICTION: 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 Properties, LLC 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 Properties 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.
"I have read the Elite Pacific Properties Rental Agreement and agree to the terms and conditions."