Terms & Conditions

TERMS AND CONDITIONS

 By confirming your vacation home with a payment, you are agreeing to these Terms and Conditions and willingly enter into this Rental Agreement.

 

Your Rental Agreement constitutes a contract between you, the Guest(s) and Exclusive Villa Retreats. No amendments to or deletions from these terms shall be valid unless expressly accepted by the Company and confirmed in writing.

 

This Rental Agreement is entered into by and between you the renter, hereinafter referred to as "Guest", and Exclusive Villa Retreats hereinafter referred to as "Company". “Guest” refers to and includes all those in the invited party of the registered Guest who executes this contract. This contract is not transferrable.

 

Please read this Rental Agreement thoroughly. Any monies paid to and received by the Company for occupancy of the vacation property indicate the acceptance of the terms and conditions of this Rental Agreement.

 

It is the responsibility of the Guest(s) to be familiar with all policies within this agreement.

 

1. RESERVATION REQUIREMENTS - Reservations are not considered "guaranteed" and this Rental Agreement does not become binding until an initial payment is received by the Company at the appropriate office. Final payment including all taxes, cleaning fee and damage deposit is required 60 days prior to arrival date. Reservations consisting of two or less rental nights or reservations booked 60 days or less prior to arrival date are required to pay in full on reservation date. If payment in full is not received by the Company 60 days or more prior to guest arrival, reservation is subject to cancellation without refund. All deposits and monies paid are non-refundable.

 

2. ACCEPTED FORMS OF PAYMENT – Credit cards are preferred.  We accept all the cards: American Express, MasterCard, Visa; as well as Electronic Funds Transfer (EFT); and Cashier’s Check.

 

3. ADDITIONAL CHARGES – The total due includes rental rate, cleaning fee, taxes and refundable deposit. Additional charges are outlined below:

 

POOL HEATING CHARGE – There is a charge for heating the pool.  We require a credit card on file to turn on the pool heat. Please contact us for daily rates. 

Because water temperature is dependent upon outside conditions and the pools are heated with propane gas, we can’t guarantee pool heat over 84 degrees.  If you would like the pool heated to a temperature over 84 degrees, add $10/per degree, per day and we will check the reading to see what temperature the pool reaches and charge for that temperature.
EX:  If the daily cost is $295/day to 84 degrees.  To heat this pool to 88 degrees, it would be an additional $40/per day ($10 for each degree over 84 to reach 88) for a total of $335/per day.

 

TIKI AND FIRE PIT USAGE IS CHARGED PER GAS USED.   Guests staying at homes that have tiki torches and/or fire pits, who use these features will incur additional charges for gas usage and the total will be charged to their deposit.  A gas reading is taken upon arrival and again after departure to calculate the usage.  This is to help offset costs and keep guests mindful of the open flames.

 

4. CANCELLATIONS AND REFUND POLICIES - Cancellations are subject to our No Refund Policy therefore we strongly encourage Guests to purchase travel insurance. This Agreement may not be cancelled by the Guest without forfeiture of all monies paid.  We, at the Company’s discretion, can extend refunds for the following exceptions:

  •      If your travel dates are rebooked by another party at the same rate, we will refund each night that was rebooked minus a cancellation fee of $500.00.

  • The Company may allow a guest to move their reservation dates provided the date of the request to change is more than 60 days prior to arrival.  The new reservation dates must be confirmed at the time of this  extension request and travel must be completed within 12 months of the original reservation dates. 

            -  A one-time rescheduling fee $500 is charged at the time of re-
                booking.
            -  Guests agree to pay the published nightly rate for the new dates 
               at the time of re-booking and all payments are due according to 
               the original structure of 50% of total due at the time of booking 
               and balance paid 60 days prior to arrival. Should current
               published rates be less than the original nightly rate, there
               is no refund for the difference.
           -   If the guests change a high season week for dates with a lower
               nightly rate, no monies are refunded.
           -  This offer is only available one time. If Guest re-books and
               cancels again, the reservation is cancelled and all monies are       
               forfeited by the Guest.
          -   If guests request to move their reservation dates within 60 days
              of arrival, a change fee equivalent to two night’s rental rate is      
              added to the reservation and the above terms are enforced. 
           -  No refunds will be given in the event the requested date(s) 
              are not available.

The Company’s No Refund Policy includes, but is not limited to:

 

No refunds or rent reductions due to failure of appliances or equipment, delayed arrival, early departures, or unexpected mishap. Additionally, the Company shall not be liable for events beyond their control which may interfere with Guest(s) occupancy, including but not limited to Acts of God, acts of governmental agencies, fire, strikes, war, or inclement weather. NO REBATE OR REFUND will be offered in these circumstances.

 

The Company cannot guarantee against mechanical failure of air conditioning, pools, TVs, DVD players, WiFi or other appliances. Please report any inoperative equipment to our office immediately. The Company will make every reasonable effort to have repairs done quickly and efficiently.

 

5. CLEANING FEE – Depending on the size of the home rented, this fee is between $800 and $1,200 per stay ($495 for Maine reservations). A cleaning fee is required upon booking. This fee covers the staff required to prepare the home for the next arrival and includes stripping and making the beds, washing the linens, sweeping/mopping/ vacuuming the floors, dusting, cleaning and disinfecting the bathrooms, wiping and disinfecting surfaces and kitchen appliances, sweeping the lanai area and other general cleaning to prepare the home for the next guests.

 

IT DOES NOT INCLUDE discarding opened food from the refrigerator or pantry, collecting dishes and other items from around the property, repositioning furniture that has been moved by the guest, bagging up trash not placed in a bin, etc. Additional charges may be withheld from the damage deposit should the house not be left in a reasonable condition. Any damage caused by guests checking out without closing the doors and windows will also be deducted from the damage deposit.

 

OPTIONAL ADD-ON CLEANING SERVICES:  To ensure we can accommodate your requests, it is advisable to make these arrangements at the time of booking or as soon as possible prior to arrival.

Each vacation home has at least one washer and dryer but should you prefer to have a housekeeper come in to tidy up or change linens, we are happy to arrange any of these services at the current rate for daily maid service for your area.  Payment is due to the cleaner at the time of cleaning.

 

6. DAMAGE DEPOSIT - Guest shall provide a Damage Deposit in the amount of $3,000.00 USD. 

This damage deposit guarantees payment for any damages to property, structure or furnishings including but not limited to permanent soiling and staining of linens; property damage or loss; excessive utility charges exceeding $100.00 per week; unpaid telephone bills; on demand movies, or any other damages or loss caused during the Guest’s rental period either by the Guest, by others in the Guest’s party, or by others invited to the rental home during the Guest’s rental period, or for incidental services provided at the Guest’s request before or during occupancy of the Property.  Charges may also be incurred if we receive complaints from neighbors about excessive noise or disturbances as outlined in Section 11.

 

If the damage deposit is paid by check and the check does not clear for any reason, the Guest agrees to  provide a valid credit card or other form of payment to cover the damages, along with a $25 returned check fee, prior to arrival. Failure of Guest to pay the Damage Deposit by the due date will result in cancellation of the reservation and forfeiture of monies paid.

 

The Damage Deposit shall be returned within fourteen (14) business days after Guest's departure; EXCEPT THAT it is verified by the Company that material damage has been committed by Guest or other(s) in the Guest’s party to the furnishings, finishes or other parts of the Property. Should there be evidence of damages during the inspection, the Company will obtain estimates for repair and replacement, and obtain contractor's bids. If the final estimates for repair or replacement are less than the Damage Deposit amount received, the Company shall retain the portion of the Damage Deposit to cover the final costs and refund the remaining portion to the Guest. Ordering and delivering of required repair materials or replacement items, and undertaking the repair and/or replacement will delay return of any remaining Damage Deposit until all such items are completed and the Property is restored to its original condition.


Should damages EXCEED the amount of the Damage Deposit, the credit card on file will be charged. If this credit card is declined, the Guest agrees to immediately upon request provide a credit card to cover any additional dollar amount over the standard Damage Deposit to pay for the repair and/or replacement of damaged property that exceeds the original Damage Deposit, regardless of whether the damages were caused by the Guest or another person(s) invited to the home by the Guest, during the Guest’s rental period. Should the damages caused by Guest or anyone in his/her party render the property un-rentable, daily rental rates will be charged to the Guest for each day the property is un-rentable at the current seasonal rate.

The Guest agrees to abide by Section 22 Governing Laws in the event that any dispute should arise between the Guest and the Company regarding damages or charge backs to the credit card for damages or any other such matter that cannot be resolved speedily and amicably, and that arbitration will take place in the State of Hawaii, United States of America.

 

7. CONFIRMATION OF RESERVATION(S) - The guest will receive an automated email confirmation of the reservation. Please refer to the confirmation number whenever corresponding with the Company.

 

8. AGE REQUIREMENTS - The registered guest must be over the age of 21 and proof of identification will be required upon check in. Any reservations made under false pretenses will result in loss of all payments and access to the rental home will be denied.

 

9. RESERVATION CHANGE FEE – Date change requests are not guaranteed and are subject to availability.  Requests must be made 60 days or more prior to arrival date.  A non-refundable $500 rescheduling fee will be added to the reservation.  All change requests should be made no less than 60 days prior to your arrival date. No refunds will be given in the event the requested date(s) are not available.

 

10. CHECK-IN / CHECK-OUT TIMES –

CHECK-IN TIME IS After 4:00 PM. Check-in takes place at the property. CHECK-OUT TIME IS 10:00 AM.

 

Unless pre-arranged and confirmed in writing, guests must be completely out of the vacation home by 10:00am to ensure our cleaning staff has enough time to prepare the home for the next arrival.  This includes all belongings.

 

Whenever possible, a courtesy late departure may be extended until 1:00 pm at no charge. Guests who wish to remain from 1:00 pm to 7:00pm will be charged a half-day rate, payable in advance. Check-in and check-out times should be confirmed within two days of the original check-in/check-out. Early arrivals and late check outs are not guaranteed until and unless confirmed by the Company. Guests that do not vacate the rental property by the designated time are subject to a fee up to one (1) rental day.

 

11. USE OF PROPERTY - The Guest may not use the property for any purpose other than that of a private vacation residence. Events of any kind including but not limited to weddings, receptions, luaus, etc. along with any commercial use of the property are strictly prohibited and considered a breach of this Agreement. Any event without prior notice and written consent may result in a $3,000 fine.  Ignoring this policy will be deemed by the Booking Agent as a breach of your Agreement and will be subject to Termination of your Booking Agreement. 

 

Quiet Hours from 9:00pm to 8:00am are strictly enforced. During this time the noise from the STVR shall not unreasonably disturb adjacent neighbors.  Sound that is audible beyond the property boundaries during non-quiet hours shall not be more excessive than would be otherwise associated with a residential area.  This home is offered as a quiet residential accommodation choice for Guests. Excessive noise including loud or amplified music, drumming, excessive partying and fireworks of any kind are not allowed. Any noise complaints are subject to local law enforcement intervention. Complaints from neighbors and/or law enforcement intervention will be deemed by the Company as a breach of this Agreement and may lead to your rental cancellation without refund and grounds for removal.

 

While on property, the Guest shall not engage in any activity or practice that may be or become a nuisance or annoyance to the neighbors without the risk of being evicted from the residence. The maximum number of people at the home at any one time, including registered guests, hired help and all visitors, is limited to the maximum occupancy for that property plus 10 people. Guest may not partake in any illegal activities on the property; use the property for profit; or take part in any other activity that might invalidate any insurance policies affected on the property. Firearms & fireworks of any kind are prohibited.

 

12. PARKING – All guest vehicles must be parked in the driveway.  Street parking is not allowed at any time.

 

13. FURNISHINGS - Furnishings are subject to change without notice. Furniture, bedding, mattress pads, utensils or any other property supplied with the rental property must not be taken out or transferred from one property to another. Loss of these items, as well as damage to the property or furnishings in excess of normal wear will be charged to the Guest(s).

 

14. LINENS - A basic supply of linen is provided in each property. Bed linen and bath towels are not changed during your stay. Guests may request daily or mid-stay cleaning for an additional fee. Please contact us for contact information on our preferred cleaners. This service is additional and will need to be arranged and paid between the Guest and the Vendor. A full-size laundry room with washing machine and dryer, along with detergent, is provided free of charge. The startup set of bath soaps, toilet tissue, paper towels, trash bags, etc. are not replenished.

 

15. PETS - With the exception of service animals, pets are NOT allowed. Service animal documentation must be submitted prior to your arrival. Fees starting at $500 will be assessed if evidence of pets are found in or on the rental property.

 

16. SMOKING - Smoking is NOT permitted in or near the doors or windows of the homes. Fees starting at $500 will be assessed if evidence of smoking is detected in or around the home at the time of check-out inspection.

 

17. RENTAL ASSIGNMENT CHANGE - The Company reserves the right to change Rental Assignments to a similar property without prior notice or liability in the event the unit becomes unavailable.

 

18. PEST CONTROL – Despite pest control efforts, it is normal in Hawaii for private homes to experience a modicum of tropical bugs and pests including geckos, tropical bugs, and field mice if the doors are left open. Should you experience a pest control issue, please contact the Company so we may attempt to eradicate the problem.

 

19. INDEMNIFICATION AND HOLD HARMLESS - Guest(s) agree to indemnify and hold harmless the Company for any liabilities, theft, damage, cost or expense whatsoever arising from or related to any claim or litigation which may arise out of or in connection with Guest(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 Guest(s).

 

20. VIOLATION OF AGREEMENT - If Guest(s) violates any of the conditions of this Agreement, the Company may terminate this Agreement and enter the premises. Upon notice of termination of this Agreement, Guest(s) shall vacate the Premises immediately and forfeit all rents and Damage Deposits.

 

21. SHOWING THE HOME - Should the vacation home be used as a model home, the Guest agrees to allow the Company to allow a showing by a real estate agent once per stay for a period of approximately 1 hour. The Company will provide the Guest with at least 24 hours’ notice prior to any showing. While every effort will be made to avoid the need for a showing during your booked dates, the Owner will offer a $200 visa gift card as compensation for your inconvenience.

 

22. LOST AND FOUND – The Company will not be responsible for personal property left behind or lost during a Guest’s stay. If we are able to find an item left behind we will mail it to the registered guest upon request. Shipping charges will be charged to the Guest. Items unclaimed will be held for a maximum of 10 days at which time the Company reserves the right to dispose of or may elect to donate the item(s) to a local charity.

 

23. GOVERNING LAWS - In the event that any dispute and/or difference should arise between the Guest and the Company (that which cannot be resolved speedily and amicably), the matter(s) in question shall be resolved by arbitration in the State of Hawaii, United States of America.

 

24. CREDIT CARD AGREEMENT - By providing a credit card number you agree to pay all rent and charges related to property rental including:

• Base rate 
• GET and TAT State tax rates  
• Cleaning fee between $600 and $1,000 per stay 
• Damage Deposit of $3,000 Plus any additional amount that may be required due to utilities including gas for tiki torches and fire pits, pool heating costs or damages sustained to the property during the rental period.

 

As the registered guest, you understand that you must be present upon check-in and provide a Government issued photo ID and matching credit card.

 

By proceeding with your booking and making a reservation, you hereby acknowledge that you have read and fully understand and agree to all of the Terms & Conditions stated herein, including the Cancellation and Damage Deposit policies. Additionally, you agree to pay all rental fees outlined herein and any damages caused by yourself, someone in your party, or anyone that was invited to the home during your rental period.

 

Please print these Terms and Conditions for your record.