RENTAL
AGREEMENT
Cancellations
and No Shows:
In the event
that the Renter cancels the reservation, a $100.00 processing fee will be
charged. Cancellations that are received verbally must be followed in writing.
Cancellations must be made more than 45 days prior to arrival to guarantee any
refund. For cancellations received within 45 days of arrival or after arrival,
all payments will be retained unless the unit is re-rented. If it is re-rented
a pro-rated refund will be issued. Owner will make all reasonable efforts to
re-rent the Rental Property. There are no refunds for no shows or shortened
stays. Refunds or rate adjustments are not made for any inconveniences due to
weather, construction, road repairs, etc. In the unlikely event that we are
forced to cancel your reservation before your arrival, you will receive a full
refund immediately.
Security
Deposit:
The security
deposit will be refunded to Renter within 14 days following Renter’s vacating
the Rental Property, minus the costs to repair or replace any damage or loss to
the Rental Property or the contents thereof, and any other charges and expenses
for which Renter is responsible pursuant to the terms of this Agreement.
Amenities:
The Rental
Property is fully furnished and equipped
with kitchenware, linens and towels. Daily maid service is not included in the
rental rate. Laundry facilities are provided in the condo. Owner will provide
starter amounts of toilet paper, paper towels, trash bags, detergent, bath soap
and other disposable items. These supplies may not last to the end of the
Rental Period. A large supply of beach towels are provided for use at the pool
and beach. Please do not take the bath and hand towels outside the Rental
Property. Beach recreation equipment is provided. Renter uses this equipment at their own risk.
High Speed
Internet Service is offered Free of charge. Telephone service in the unit is
available for local and incoming calls.
RENTAL
TERMS AND CONDITIONS
It is
understood and agreed between all parties that the Renter and permitted
occupants of the Rental Property will abide by the following terms and
conditions, and that any breach thereof will, at the Owner's option, give the
Owner the right to declare this Rental Agreement null and void, and said term
ended:
a) Guests: This Rental Property is rented to
those persons registered in this Rental Agreement. Subletting the unit is not
permitted. The Rental Property is intended for a maximum sleeping capacity of
five (5) persons Any reservation obtained under false pretense is subject to
forfeiture of advance payment, and/or rental money, and the party will not be
permitted to check-in.
b) Kihei
Alii Kai Resort Amenities: The shared pool, Jacuzzi, sauna, barbecue grills, and tennis courts
are for the use of Renters and other resort occupants. Parking is available in
the covered parking area behind the resort complex. All posted rules and
regulations in the Kihei Alii Kai Resort must be observed. Renter is accepting and assuming all risks
involved in or related to the use of pool, BBQ and all other common areas as
well as the beach and ocean.
c) Noise: The Renter shall not make or permit
any excessive, or annoying noise in or on the grounds of the Rental Property by
himself, his family, agents, or visitors, nor permit such persons to do
anything that will interfere with the rights, comforts, or conveniences of
neighbors in the surrounding area.
d)
Smoking: There shall
be no smoking in the Rental Property or on the lanai of the Rental Property.
Please also refrain from burning incense or candles.
e) Pets: No pets of any sort are allowed in
the Rental Property or on the premises at any time, including those belonging
to visiting guests. Violation of this term will result in immediate eviction
and forfeiture of all Rent and Renter’s security deposit.
f)
Alcohol: Consumption
of alcoholic beverages in or on the grounds of the Rental Property by any minor
under twenty-one (21) years of age is illegal.
g)
Illegal Drugs: There
shall be no use of any illegal drugs by any Renters, occupants or visitors in
or on the grounds of the Rental Property.
h) Trash
& Recycling:
Trash chutes are located next to the elevators. Trash bins are located on the
covered parking level behind Building C elevator. It is the Renter’s
responsibility to ensure that garbage is deposited in the trash bins. Recycling
bins are located next to the trash bins. Please recycle.
i)
Parking: Renter is
responsible for ensuring that all occupants and guests park their vehicles in
such areas and in such a manner as to comply with municipal by-laws and Kihei
Alii Kai posted regulations and to avoid causing a hazard or impediment to
passing traffic or pedestrians.
j) High
Speed Internet: High
Speed Internet access is available free of charge within the Rental Property.
k)
Telephone: The telephone within the Rental Property accepts in-coming calls and
can make outgoing local calls only.
l) Right
of Access: Owner or
the Owner’s agent shall have the right but not the obligation to enter into the
Rental Property and upon the premises, at all reasonable hours, to investigate
disturbances, check occupancy, check for damage, to make such repairs,
alterations or improvements thereto as Owner may deem appropriate, but the
Owner agrees not to exercise this right in such a way as to unreasonably
interfere with the quiet enjoyment of the Renter.
m)
Lock-Out Policy: In
the event the Renter and/or other registered occupants are locked out of the
premises, the Renter must contact the Owner or local Owner’s Agent for a
replacement key. If a locksmith is
required, the Renter will be responsible for payment of the locksmith’s
invoice.
n) Damage
to Rental Property and Contents: It is the obligation of the Renter to surrender the Rental
Property in a clean and orderly condition by the time specified, except for
reasonable wear and tear and with all unit inventory intact. The Renter and all
registered occupants of the Rental Property shall be liable for all damages
caused during their occupancy. Cost of repairs and/or replacement shall be
deductible from the security deposit and additional costs shall include
attorney's fees and costs, if incurred in the collection.
o)
Renter’s Personal Property: The Renter will remove all personal property belonging to the Renter
or other occupants at the end of the Rental Period. Any property that is left
on the premises becomes the property of the Owner and may be thrown out.
p)
Indemnification:
Renter agree to indemnify and save harmless the Owner from any liabilities,
damages, costs or expenses whatsoever arising from or related to any claim or
litigation which may arise out of or in connection with Renter’s use and
occupancy of the Rental Property including but not limited to any claim or
liability for personal injury or damage or theft of property which is made,
incurred or sustained by Renter. The term “Owner” as used in this Agreement
shall include Owner’s heirs, successors in interest, assigns, employees,
managers, and representatives where the context requires or permits. The terms
“Renter,” “You,” and “Your” as used in this Agreement shall include Renter’s
heirs, successors, assigns, guests, invitees, representatives and other persons
on the Rental Property during Renter’s occupancy (without regard to whether
such persons have authority under this Agreement to be upon the Rental
Property), where the context requires or permits.
q) Sand: We hope you make good use of the beautiful local beaches. The condo is equipped with lots of beach towels for your use. However, the fine beach sand can clog the drains and washing machine. Please wash off your feet and beach equipment before entering the condo and please shake out the sand from beach towels and bathing suits before you put them in the washing machine.
Renter’s
Responsibilities at Check-Out Time:
At Check-Out
Time, the Renter shall give over possession of the Rental Property to the Owner
in the same condition of cleanliness, order and repair as it was when the
Renter took possession at Check-In Time. Renter shall make all efforts to
ensure that all of the following items are taken care of:
i)
appliances and work surfaces in the kitchen are clean; dishes, pots and pans
and utensils are clean; any spills in stove burners are cleaned up;
ii) any food
in the refrigerator is removed and disposed of, and the refrigerator is left in
a clean condition;
iii) all
trash is bagged, taken out and placed in the trash bins provided;
iv) please
deposit used linens and towels in the laundry hamper(s);
v) all keys
are left on the key receptacles. Doors and windows are properly secured and
locked.
vi) the air
conditioner is turned off;
vii) all
occupants must vacate the Rental Property by the agreed Check-Out Time.
In the event
that the Renter fails to comply with this Section, the Owner may at his option,
deduct the cost from the security deposit.
Acts of
God:
Owner shall
not be liable for events beyond Owner’s control which may interfere with
Renter’s occupancy of the Rental Property, including but not limited to acts of
God, acts of governmental agencies, fire, strikes, inclement weather or noise
from nearby construction sites. No refund will be offered in these circumstances.
Notice to
Owner of Repairs Needed:
If the
Rental Property or any of the contents are not working or otherwise in need of
repair, the Renter should promptly notify the Owner. The Owner will make all
reasonable efforts to make repairs. If the Renter must vacate the premises
because of damage not resulting from the Renter’s act or neglect, the Renter
will be refunded the rent for such period of time that the Renter is unable to
occupy the Rental Property. Renter understands and agrees that Owner or Owner’s
Agent may enter the Premises for the purpose of making needed repairs.
Assignment,
Subletting, Amendments:
This
Agreement can only be changed by an agreement in writing by both the Renter and
the Owner. The Renter may not assign this Rental Agreement or sublet the Rental
Property under any circumstances.
Breach of
Lease, Default by Renter
Owner and
Renter agree that every condition, covenant, and provision of this lease is
material. A breach of any condition, covenant, or provision of this lease by Renter
will constitute a material breach. In the event of breach by Renter, Owner
reserves all rights and remedies conferred under the laws of the State of
Attorney’s
Fees
In the event
that it is necessary to retain an attorney to enforce the terms of this Lease,
the prevailing party shall be entitled to reasonable attorney’s fees and court
costs required to do so. All legal proceedings must take place in
Entire
Agreement:
This
document, including any attachments incorporated by reference herein,
constitutes the entire and sole agreement between Owner and Renter with respect
to the subject matter hereof, and correctly sets forth the obligations of Owner
and Renter to each other as of the date hereof. Any agreements or
representations by Owner to Renter with respect to the subject matter of this
agreement not expressly set forth herein are null and void.
The Renter's
signature certifies that Renter is twenty-five (25) years of age or over, has
read this Agreement, and understands that breach of any terms can result in
loss of the security deposit plus any additional costs. By Signing Below, I
agree to all terms and conditions of this agreement.
RENTER
SIGNATURE_________________________NAME(PRINT)
__________________________DATE___________
We thank you
for being our guests and hope your
Mahalo Nui
Loa (thank you very much)!