Vacation Rental Agreement
This Vacation Rental Agreement (“Agreement”) is entered into by and between the renter(s), ________________________________________ (each a “Principal Guest” and collectively “Responsible Guests”) and ILC & SWELL REALTY LLC (“Property Manager”), a Hawaii limited liability company, as agent of Property Owner, as defined below, on this ____ day of __________, 20___ (“Effective Date”). Notwithstanding anything to the contrary in this Agreement, this occupancy of the Rental Property shall be in the form of a vacation rental only and does not constitute a permanent or primary residence or other tenancy. It is the responsibility of the Responsible Guest(s) to be familiar with all policies within this Agreement. Property Manager and Responsible Guest(s) are also referred to herein individually as “Party,” and collectively as “Parties”.
"You" or “Principal Guest” refers to the individual placing the reservation. “Your” refers to all members of your party. "We" and "Us" and “ILCS” mean ILC & Swell Realty LLC. "Partners" means third parties.
NOW, THEREFORE, in consideration of the mutual covenants, promises, agreements and conditions set forth in this Agreement, the Parties agree as follows:
1. Rental Property. Property Manager hereby rents to Principal Guest(s) and Principal Guest(s) hereby rents from Property Manager the Rental Property, as defined below, subject to the terms and conditions of this Agreement. The rental property (“Rental Property”) is that certain space, known as (enter unit).
2. Term of Lease. The term (“Term”) of this Agreement begins at 4:00 p.m. Hawaii Standard Time on __________________ (“Check-In”) and ends at 11:00 a.m. Hawaii Standard Time on ________________________ (“Check-Out””), except as otherwise provided herein or agreed in writing by the Parties.
3. Availability: All vacation rentals are offered subject to availability, which includes the rental not having been damaged or rendered in a condition unsuitable for rental by the previous guests, or otherwise in an un-rentable condition. In the unlikely event of the rental not being available, we will notify you of the change immediately and will do our best to find a replacement property. We cannot, however, guarantee that we will be able to find a last-minute substitute. For this reason and in case of emergency, guests must provide ILCS with a contact number and email address.
All condominiums are managed by owner associations that schedule annual interior and exterior maintenance. Our office has no control over the scheduling of pool/lanai closures or other items relating directly to the building itself, but we will do our best to keep you informed of issues which may affect your stay. We cannot be held responsible for any inconvenience due to maintenance or construction in or around the condo. No refunds or relocations will be given due to construction or maintenance issues.
4. Minimum Stay Periods: There is a 3-night minimum stay on all nightly rental properties, and a 30-night minimum stay for those properties which can only be rented on a monthly basis. There may be a 7-night minimum for nightly units during the Christmas/New Year’s Holiday Season. Please check with our reservation department for details and special requests. These terms are subject to change without advance notice.
5. Rental Rates: All rates are in US dollars (USD). The rate for each rental is set to be fair to all concerned and to give you good value for your dollar. Once a booking is confirmed in writing by us, the rental rate is fixed and will not alter. If you later change your reservation, your new confirmed rate will be the rate in effect at the time of the change.
6. Payment, Cancellation and Refund: Payment is only accepted in the form of VISA, MasterCard, Discover, JCB, and American Express credit cards for daily rentals. If you are booking a monthly rental, we will also accept business check or cashier’s check however you must inquire directly with our Reservations Dept for additional details prior to booking.
Daily Rentals: A $500 security deposit is required at time of booking. For arrival within 30 days of booking, payment in full is required.
Monthly Rentals: A down payment of 50% of the total rental cost plus $500 security deposit is required at time of booking. For arrival within 60 days of booking, payment in full is required.
If you cancel more than 30 days prior to your arrival date (OR 60 days prior to arrival for monthly rentals), your reservation deposit will be returned, less our $100 Cancellation Fee.
If you cancel within 30 days of arrival (OR 60 days prior to arrival for monthly rentals), there will be no refund unless we are able to re-rent the property for some or all of the time you committed to and refunds may be less than the actual revenue paid.
For all reservations made within 30 days of arrival (OR 60 days prior to arrival for monthly rentals), payment in full is due at time of booking, and the Cancellation Policy, as stated above, will apply. A cancellation becomes effective from the date that it is received in writing, fax or by e-mail.
7. Mandatory Procedure for Last Minute Bookings: For reservations made within 48 hours of arrival, guest MUST present photo ID and credit card which match the credit card used for payment. We apologize, but there are no exceptions to this rule.
8. Rental Agreement: All reservations require a completed and signed Rental Agreement which will be emailed to you for your completion. This Rental Agreement authorizes ILC & Swell Realty LLC to charge rent, fees, and/or incidental charges occurring in conjunction with your reservation. By completing, signing, and returning this form, you agree to the terms and charges of the rental contract and that if necessary and applicable, the following additional fees may be charged to your credit card:
ILC & Swell Realty Incidental Charges (tax will be added to all fees)
|Guest Check-In fee (units requiring ILCS agent for check-in)
||$50 per reservation
|Unauthorized Late Check-Out
||$50 per hour starting at 11am
|Lock out Assistance (after hours)
||$100 each occurence
|Lost Security FOB
|Replace Parking Pass/Card
|Unit or Garage Keys
|Lock Replacement (due to lost keys)
|Extra Cleaning/Perishable items left in unit
|Restoration Fee to Rearrange Moved Furniture
|Stained, Misused-Lost Linens-Beach Towels
||$20 for each linen item
|Violations of the No Smoking Policy
||$500 for removing odor plus actual costs if anything needs to be replaced due to tar, ashes, or burns
|Sand in Unit **see paragraph 20**
9. Age and Number of Guests Permitted in Condo: You, the Principal Guest, must be 21 or older in order to make a Reservation. The Principal Guest is completely, solely, and unequivocally responsible for his/her personal actions as well as the actions, both financially and physically, of other guest occupants during the dates of stay. The Principal Guest agrees not to sublet share or assign the property to any unauthorized persons. ILCS must be notified of any changes to the original booking. Each condo has a maximum occupancy, often set by the owner’s association, and indicated on each unit’s description, which cannot be exceeded. If maximum occupancy is exceeded, fines up to $500 may be accessed which may be grounds for immediate termination of your rental contract and/or eviction.
10. Rental Period: You agree that the rental period will begin and end on the dates shown on your rental agreement Confirmation letter. At the end of your stay, you agree to leave the condo by the 11:00 am Check-Out time to allow time for our housekeeping service to make the property ready for our next guests, unless an extension has been granted by our Reservations Department or Property Manager. If you have a late departure flight, we recommended reserving the condo for an additional night so you will have the use of your accommodation all day and depart at leisure.
Unauthorized late check-outs will be charged as follows: $50 per hour starting at 11am.
Check-In is 4:00 pm on the day of your arrival. To guarantee check-in earlier than 4pm, guests must reserve the night prior to arrival.
Check-Out is 11:00 am on the day of your departure. You may request a later check-out, but since another guest may arrive the same day you are departing, late check-out cannot be guaranteed unless you reserve the unit an additional day. If you have a late departure flight, we recommended reserving the condo for an additional night so you will have the use of your accommodation all day and depart at leisure. Unauthorized late check-outs will be charged as follows: $50 per hour.
Although there are no provisions for storing your luggage, you may want to check the special prices offered to ILC & Swell Realty guests from Waikiki Baggage Storage (888-768-7229).
Changing Dates: If you need to change dates, we will do our best to help make the requested change, subject to prior reservations.
11. Right to Enter: If necessary, an ILC & Swell Realty Representative or their designated vendors may enter the property in order to inspect or make necessary or requested repairs. ILC & Swell Realty Representative will notify the Principal Guest notice before entering the Property, and will only enter during reasonable hours except in the case of emergency.
12. Private Property: Guest acknowledges that the accommodation is a privately-owned room or condominium as opposed to a hotel, even though the room may be located in a hotel. As such, hotel-like amenities such as daily cleaning and bell service are not provided.
13. Flight Information: We ask that you provide your flight details (airline, flight numbers, and arrival and departure times) in case of flight delay. If we notify you that a property manager will be checking you in to the property, prior to you proceeding to the condo from the airport, you will need to contact us to arrange a meeting time. Be sure to bring the Arrival Instructions with you when you travel, as the property manager will only go to the unit after hearing from you.
14. What's Included: Your island unit includes bed linens, bath/beach/kitchen towels, dishes, silverware, cookware (including tea kettle & rice cooker), hair dryer, iron & ironing board, several days’ supply of coffee filters, dish soap, dishwasher soap, no less than 2oz each of shampoo, conditioner, body wash, paper goods (paper towels, tissue, toilet paper), and basic cleaning supplies. Additional sundry and food items are available local markets and grocery stores, for example, Safeway, at 888 Kapahulu Avenue, or Costco at 525 Alakawa Street (between the airport and Waikiki). We do not provide beach chairs, beach umbrellas, beach toys, aluminum foil, bake ware, zip-Lock baggies, coffee, condiments, seasonings, cooking oil, laundry detergent, fabric softener, and bleach.
15. No Smoking: All properties are designated "No Smoking" which includes inside the condo and/or on the balcony/lanai. Smoking is ONLY permitted in the property's designated smoking area. Any violation is subject to a $500 surcharge (to remove any odor in the suite due to smoking) plus actual replacement costs due to damages by tar, ashes, or burns.
16. No Pets: We love pets as much as anyone, but pets are not permitted in any of our vacation rental properties.
17. ILCS Cancellations: We reserve the right to cancel any booking where we believe the information supplied to us concerning the identity of any or all persons listed on the booking form is incorrect or untrue. In this case your booking down payment will be refunded less a $100 cancellation fee. We also have the right to cancel the reservation and compensation will not be payable nor liability accepted if your choice of property becomes unavailable for your travel dates due to: 1) Damage made by prior Guests or any major problem that can occur in the home; 2) We are forced to make a change as a result of unusual and unforeseen circumstances beyond our control, the consequences of which could not have been avoided even with all due care; 3) The property sells after your reservation has been confirmed. In any of these three cases, we will do our best to assign you an alternative property of equal standard to the one booked, in the same or similar location, if available. In case you don't accept this option, or a replacement property is not available, we will refund in full your down payment or any other payment that had been applied to the rental.
18. Neighborly Conduct: Your vacation rental is a privately-owned property which has neighbors. Please ensure that you act in a neighborly and courteous manner towards your neighbors, who will most likely not be on holiday. Please respect their space, and keep noise to a minimum before 8:00 am and after 10:00 pm. We ask that you treat the property, furniture, fittings, utensils and other facilities with all due care and respect. Please be aware that you are responsible for any damage caused during your stay in our vacation home.
19. Advising of Damage or Loss: Please let your Property Manager or the Reservation office know right away if anything breaks, is damaged or needs maintenance so that repair or replacement can be done as quickly as possible, for your continued enjoyment.
20. Sand in Unit: In order to prevent clogged plumbing drain lines, damage to the property, and to maintain cleanliness, we ask that all guests thoroughly clean off all sand prior returning to the unit. If we find any sand in the unit, appliances (washer/dryer), or plumbing drain lines, you will be charged an additional cleaning fee based on the schedule above.
21. Acts of God/Unforeseen Conditions: We regret that we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by "Acts of God." In these booking conditions, "Acts of God" means any event which we or the supplier could not, even with due care, foresee or avoid. Such events may include, but are not limited to, war, threat of war, civil commotion or strife, hostilities, strikes or other industrial dispute, natural disaster (hurricane, tornado, earthquake, fire, flood, etc), acts of God, terrorist activities, technical problems with transportation, closures of ports, ferries or airports, quarantine, epidemics, weather conditions, government action, or any other event beyond our control.
22. Personal Injury and Lost or Stolen Property: You understand that we cannot accept responsibility or liability for any physical accident, injury or illness sustained during your rental period, regardless of how it may occur. You are liable for lost or stolen personal property of yours from the property during the rental period. We are not responsible or liable for any such loss. We provide information and advice to you in an advisory capacity only, with no guarantee or promise of security, even where you make use of any advice given. In the event that you have any property lost or stolen, please notify the police immediately by dialing 911, and then please call and advise us of the situation.
23. Pool Safety: All use of any swimming pools, spas and the surrounding area is solely at your own risk. We request that you accompany and supervise children at all times, being extra cautious in and around the pool area.
24. Equipment Failure: In the event of equipment failure, please notify us immediately so that we may remedy the problem. We will not be held responsible for any equipment failure in the home, provided that arrangements are taken for its timely repair. If repairs cannot be affected to major household equipment such as power or water supply and air-conditioning within a 72-hour period, we will do our best to move you to another similar property, subject to availability. If this is not possible, our total liability shall not exceed the amount of one full week rental payment.
25. Insect and Pest Issues: Hawaii is a tropical climate in which insects, rodents, and lizards are common. Even though all condos and homes receive regular pest treatment, you may still encounter these pests during your stay. Residue from these treatments may leave some dead insects in the properties. This is not a sign of infestation, but shows the treatment is working. Please notify us immediately if you see any live insects, so we may take appropriate action. An encounter with a pest inside or outside of your rental is neither reason for termination of your rental agreement nor grounds for refund of all or any part of your monies.
26. If you have any concerns: If you are unhappy or unsure of any aspect of your booking, please contact us before you travel so we can ensure you are completely satisfied with your arrangements. During your stay, please call us as soon as anything arises that needs our attention, and give us the opportunity to resolve the matter as quickly as possible.
27. Acceptance of Terms and Conditions: Placing your Reservation Request with us means you agree to accept these Rental Policies, Terms, and Conditions and agree to additional charges as listed.
We look forward to hosting you during your vacation!
If you have any questions, please contact us by phone:
M-F 9a-5p at 808-777-6420 (office), 808-386-0261 (Ben, Property Manager) or 207-249-9121 (Miranda, Property Manager);
Weekends and non-business hours at 808-386-0261 or 207-249-9121;
or by email at: firstname.lastname@example.org