This Rental Agreement (Agreement) is entered into by the undersigned guest (Guest or you or yours) and Chase N Rainbows Real Estate, Inc. (Manager). You understand that Manager is the designated agent of the owner of the Unit (Owner) and is signing this Agreement as the agent of the Owner, and on behalf of and with authority from the Owner. This Agreement incorporates by reference the terms and conditions set forth in your Deposit Confirmation Letter.
IMPORTANT! PLEASE READ!!
IMPORTANT TRAVEL UPDATE AS OF 03/26/2022:
Beginning Saturday, March 26, 2022, individuals arriving from the continental United States will not be required to create a Safe Travels account, show their COVID-19 vaccination status, or take a pre-travel test when traveling to the Hawaiian Islands.
Travelers arriving to Hawaii on direct international flights must still comply to federal U.S. entry requirements (consult with your airline), may include showing proof of an up-to-date vaccination document and negative pre-travel COVID-19 test result taken within one day of travel. For more information, visit www.hawaiicovid19.com/travel.
Governor David Ige announced that the state’s indoor mask mandate will end at 11:59 p.m. on March 25, 2022, when the current emergency proclamation on COVID-19 ends.
To confirm a reservation, a deposit of 50% is required at time of booking and final payment (remainder) is due 30 days prior to arrival. For all reservations made 30 days (or closer) to arrival, full payment is due at time of booking.
Cancellation Policy :
A $100 + tax cancellation fee will be charged for all reservations. If a reservation is cancelled at least 31 days prior to arrival a full refund is provided minus the $100 + tax cancellation fee.
If a reservation is cancelled 30 days or less to arrival (or No Show) the resort fee + tax, cleaning fee + tax, damage protection + tax and miscellaneous products will be refunded. The remainder will be forfeited and a $100 + tax cancellation fee will be charged.
**There is a 5 night minimum for all reservations between December 16 – January 10 and typically a 3 night minimum for all other stay dates.
**There is a 5 night minimum for all reservations between December 16 – January 10.
House Rules: A full listing of the House Rules pertaining to your condo/property is attached to this rental agreement and is also located in the red binder left open on the dining table when you enter the unit upon check in. Please review these house rules as there may be warnings followed by penalties if violated. (Contract.Initials)
This reservation is for quiet residential vacation accommodations only. Therefore, parties, receptions, luaus, events, and gatherings of any kind are strictly prohibited. No additional people beyond the maximum occupancy of the condo are allowed on the rental property at any one time.
Check-In: is after 3:00 pm local time (some units have a 4:00 pm check in time). Check Out is required by 11:00 am on the day of departure (some units have a 10:00 am check out time). Please refer to the arrival instructions that will be sent to you for Check-in and Check-out times. Manager will use commercially reasonable efforts to have the premises ready for your occupancy at check-in time, but cannot guarantee the exact time of occupancy. If you are in the room after check-out time there will be a charge equal to one night’s rent plus tax assessed. No late check-outs.
Resort and Parking Fees: Resort, parking and other fees charged independently by the various resorts are subject to change or be imposed without notice. (Contract.Initials)
Keys/Lockout Policy: Your check-in instructions with either a key code or key release request form will be provided to you via e-mail prior to your arrival. It is your responsibility to bring this information with you. In the event a guest is locked out of the unit during the rental period, the guest may obtain a key by coming to our office in Lāhainā. After business hours, the guest must call our after-hours emergency line at (808) 870-6181 for assistance and an agent will meet the guest at the unit. There will be a $50 charge for this service, and this is due at the time service is rendered. There will be a $20-25 charge for any lost keys.
Lost and Found Items: We are not responsible for lost items. A $20.00 handling fee, plus postage, will be assessed for all lost & found items that have been recovered and returned to the guest. Neither Manager nor the owner of the unit will be responsible for any lost, stolen or damaged items.
Damage/Loss/Disturbance Policy: The guest understands that the condition as well as the furnishings will vary in each rental according to the taste of the Owner. All of the rentals are equipped for housekeeping with dishes, cookware, silverware and glasses. Please do not remove any furnishings, equipment or items from the unit, including any linen, dishes or other items from the unit. Locked areas such as personal storage areas of the Owner are exempt from this agreement and are off limits to Guest. Guest understands that the condo is a privately owned dwelling with the furnishings of the Owner and neither the Manager nor the Owner shall be responsible for providing any additional furnishings or equipment. Guest will be solely liable for any additional costs, charges or expenses resulting from any damage, lost or stolen items or excessive check-out cleaning. (Contract.Initials)
Manager will use its best efforts to ensure that all equipment within the unit is in good working order, although neither Manager nor Owner guarantees that any equipment will not break down during your stay. In the event of a breakdown, Manager will use commercially reasonable efforts to remedy the situation as soon as possible after notification of the breakdown. Additionally such a breakdown does not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustments will be made for any such mechanical failure.
Any issue that Guest has with the unit shall be immediately reported to Manager via the phone number listed in the rental unit’s directions and entry instructions. Guest understands that Manager and Owner shall have a commercially reasonable amount of time to restore rental to acceptable conditions, and that any issues presented to Manager by Guest after check-out cannot be remedied and shall not constitute a breach of this Agreement or give the Guest any right to any refund or rental adjustment. (Contract.Initials)
Guest understands that there is no guaranty that properties adjacent to the unit and/or resort will be free from disturbances, including but not limited to noise or inconvenience from construction, traffic or other guests or neighbors, and any such disturbance shall not constitute a breach of this Agreement or give Guest the any right to any refund or rental adjustment. While best efforts are made to notify incoming guests of ongoing resort construction and maintenance projects, constantly changing shoreline issues and resort plans may preclude us from advance notifications of such matters. We do our best to keep this maintenance project page updated on our website. (Contract.Initials)
Guest also understands that Hawaii is located in a tropical climate, and that insects, rodents and lizards flourish in this environment. In addition animals native to Hawaii, including but not limited to the mongoose, feral cats or chickens. Although Manager will use its best efforts to hold interactions with these critters during your stay, Guest understands that any contact by Guest with such a pest/bird/animal within or outside the unit does not constitute a breach of this Agreement or give Guest any right to any refund or rental adjustment. (Contract.Initials)
In the event that a rented premises become uninhabitable prior to the rental period, or in the event of an error in reservation procedure or change in the ownership which precluded occupancy by Guest, the Manager reserves the right to effect appropriate corrective action without loss to Manager. Liability to Owner/Manager is limited to rental monies paid by Guest. Notification of such corrective action will be provided to Guest at the earliest possible time.
Guest understands that in the event a condo becomes uninhabitable the manager reserves the right to relocate Guest to a different property within the rental program of the Manager or that of another program. Commercially reasonable efforts will be made to ensure that the replacement property is reasonably comparable to the original rented property. Manager shall have the sole right to select such replacement property. In such an event the Guest has the option to: (1) accept the replacement property and pay any additional monies that are owed as the case may be or (2) reject the replacement property and receive a refund off all rentals and fees paid for original property. You hereby agree that your choice between these alternatives will be your sole remedy for any and all damages, liability or inconvenience arising out of relocation as defined herein. (Contract.Initials)
Guest understands that they are responsible for all internet activity where applicable and agree that no illegal copyrighted materials may be downloaded. Tenant understands that no refunds will be given for Internet connectivity issues or lack of service. (Contract.Initials)
Guest understands that there are no refunds due to inclement weather including hurricanes and floods. Manager shall not be liable for events that may interfere with your schedule occupancy including but not limited to Acts of God, acts of government agencies, fire, strikes, terrorism and war. Trip Cancellation Insurance is available and we strongly suggest you purchase this coverage.
Guest understands that they may not sublet or assign this Agreement. Guest agrees that they will not permit the use of the property for any unlawful or disorderly purposes, nor commit or permit a nuisance to be committed therein. No illegal firearms, explosives or fireworks of any kind are permitted on any property or vacation rental.
NO SMOKING: The Hawaii legislature enacted State Law 295, effective November 16, 2006, which prohibits smoking in all enclosed or partially enclosed areas open to the public. Violations will result in fines. All Chase ‘N Rainbows units are subject to this new law. Privately owned properties which are occupied by full or part time owners are exempt from this law and are at some properties are allowed to smoke inside of their condo.
Miscellaneous: This Agreement shall be governed by the laws of the State of Hawaii. Any dispute regarding performance or interpretation of this Agreement shall be held resolved by arbitration in accordance with Hawaii law before a single arbitrator in accordance with the prevailing commercial arbitration rules of Dispute Prevention Resolution, Inc. with the arbitration proceeding to be situated on the island of Maui; provided, however, that the arbitrator shall limit the proceedings in its discretion according to the economic nature of the dispute and that Owner or Manager may maintain an action in a court of competent jurisdiction in Hawaii with respect to any eviction or collection matter relating to this Agreement and for any injunctive relief required by Owner or Manager. The prevailing party in any such dispute shall be entitled, in addition to damages, to reasonable attorneys fees and costs. If any portion of this Agreement shall be invalid, void or unenforceable, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other portion hereof. Any and all claims by Guest against either/or Manager or Owner for costs, expenses, or damages of any nature shall be limited to the rental amount of Guest stay, and Guest shall not be entitled to any consequential damages of any sort. Any unauthorized stay-over in the Unit will entitle Owner to two times the rental amount, in addition to any other damages incurred by Owner. (Contract.Initials)
Please review this Rental Agreement (“Agreement”) in its entirety. It will govern your rental arrangement and legally binds you (“Customer”) to the terms set forth above. This rental is conditioned expressly upon your acceptance without modification of the terms, conditions, and notice requirements set forth above.
I have read the Chase N Rainbows Real Estate, Inc. Rental Agreement listed above. I agree and accept the terms of the Rental Agreement and to the Itinerary, Unit Amenities, Payment Schedule, and Charges as listed on the confirmation letter. I am also aware that my credit card will be charged for any additional incidental expenses incurred.