Terms and ConditionsThe Land Office, LLC Property Management Division
PO Box 510, Na’alehu, HI 96772
Phone: (808) 937-4990 Fax: (808) 939-7557
Email: [email protected]
Terms and Conditions
This Vacation Rental Agreement (“Agreement”) is a binding contract between The Land Office, LLC Property Management Division (“Agent”) and each Guest. As used in this Agreement, the term “Guest” collectively refers to each individual or entity that pays all or any portion of the Rental Fees (the “Primary Guest(s)”) and all other individuals who occupy and use the Rental Property (the “Additional Guests”).
It is the responsibility of each Guest to be familiar with the terms and conditions of this Agreement. Payment of all or any portion of the Rental Fees and/or occupation of the Rental Property demonstrates acceptance of the terms and conditions of this Agreement.
Guest agrees that they are over the age of 21 and will be an occupant of the unit during the entire reserved period. This Agreement may not be assigned by the Guest to a third party. All persons staying at this vacation unit must be listed as Guests. Only those individuals specifically registered on the Guest list shall occupy the premises at any time.
The maximum number of guests per rental is as follows:
Maximum Guests Allowed—Condos: Studio = 4, 1 bedroom = 4, 2 bedroom = 6
Maximum Guests Allowed—Homes: (See individual property listing)
Each property has a specific maximum occupancy. Take note of the maximum number of Guests allowed in the homes and condos before making your reservation. Children and Babies are counted in the total occupancy. If the maximum occupancy is exceeded without management approval you will be evicted, you will forfeit any payments and be charged a minimum of $250.00.
Our properties are located in residential and vacation zoned areas and are rented for personal vacation use only. Parties and other large gatherings, commercial uses, and illegal or immoral activities are not allowed anywhere on property, including the pool areas. There will be no disturbing the peace, acts creating a nuisance, loud or unusual noises or intoxication in or about the premises at any time. Quiet time is to be observed between 9:00 PM - 8:00 AM. Violators risk forfeiture of their deposit, reservation amounts paid, and eviction.
Please be advised that the Condos at Colony One at Sea Mountain have open parking, key and trash regulations that if not followed may result in a fine to the Guest. All rules are noted in the Guest Binder in the condo. If you are unable to find the rules in the Guest Binder, please contact us immediately and we can email/text or deliver a new rule sheet. If charges are incurred you may be charged a fine after the fact.
Please do not lose your assigned key as there is a $100.00 fee for lock outs, and the Agent charges $50.00 for key replacements. Furthermore, Guest hereby understands that Agent assumes no responsibility for “lockouts” caused by Guest.
Children MUST be supervised at all times. Severe injury or death could result from failure to properly supervise minors. Additionally, children are not to play in the landscaping, the fish ponds or with any of the furnishings. The properties are not childproof and require children to be constantly supervised. Guest alone is responsible for child safety.
Please be advised that unless otherwise noted our properties do not have air conditioning or heated pools and are not ADA compliant.
Arrival and Departure Information
Check-In is anytime after 3:00 p.m. and Check-Out is 11:00 AM. No exceptions unless pre-approved in writing by the Agent.
Guest and Guest’s entire party must vacate the property no later than 11:00 am. Failure to check out on time could result in an additional night’s stay. If you have a late flight, we recommend you book the unit for an extra night if you wish to guarantee availability of the unit after 11:00am.
Prior to departure, please do the following:
1. Empty all garbage from property and dispose of it in the garbage bin areas designated for all Guests.
2. Please put all dishes into dishwasher and start the dishwasher. If your unit does not have a dishwasher, please wash all dishes and leave them out to dry.
3. If your unit has a washer/dryer, please start a load of towels.
4. Make sure your key is back in the refrigerator, lock all doors and close all windows and secure property upon your departure.
All homes and condos are non-smoking including the lanai, patio and all shared areas such as pool, bbq, tennis courts, etc. Prohibited substances include but are not limited to cigarettes, cigars, pipes, medical marijuana, e-cigarettes and all illegal substances. Please remember the Agent inspects each property on your departure. If any smoking or indication of smoking such as butts, burns, smells, etc in the property are detected the Guest agrees in advance to pay a $300.00 cleaning surcharge to cover the cost of cleaning and/or shampooing of all floors, carpets, furnishings, linens, and any other item deemed necessary to rid the home of the smoke and smoke smells. If anyone including inspectors, neighbors or resident managers’ report that smoking is occurring on the property, then it is considered a breach in the terms and the Guests will be evicted immediately. Most properties provide a designated smoking area outside.
No pets including dogs, cats, birds or other animals are allowed on or about the premises except guide, service or signal animals as defined by the ADA and pursuant to state law. Service animals require registration with the Agent, required documentation and a vest.
If evidence is found that a pet was brought onto the property without approval of Agent, the Guest will be charged for the costs of cleaning and repair of damages caused by said pet, with a minimum charge of $300.00.
Use of Common Areas / Facilities
If Rental Property is part of a condominium project or residential subdivision with “Common Areas” (such as a playground, basketball court, tennis court, etc.) or “Common Facilities” (such as fitness center, swimming pool, hot tub, grills, etc.) Guests must comply with any and all rules or regulations regarding the use of such Common Areas or Common Facilities.
Use of Special Amenities – Waiver of Liability
The Rental Property (and/or the Common Areas or Common Facilities) may include certain “Special Amenities” such as private or shared-use spas, hot tubs, whirlpools, saunas or pools. These Special Amenities are considered luxury amenities and are not guaranteed to be available or functioning during Guests’ stay.
Guests, and the guest of any Guest, must comply with any rules and regulations governing the use of Special Amenities (i.e. hours of use, noise restrictions, maximum number of users, consumption of food, NO use of glass containers, etc.). Violation of such rules and regulations may result in Guests being banned from further use of the Special Amenities as well as possible eviction.
Guests understand that special risks may be involved in using Special Amenities, such as slippery surfaces when the areas surrounding the Special Amenities becomes wet. Tenants specifically acknowledge and understand that Special Amenities may pose dangers to (i) children who are not carefully supervised (ii) any person with known or unknown health risks, (iii) any person who is pregnant; or (iv) any person using Special Amenities while intoxicated or using any kind of drugs or medication. Guests agree to explain the risks of using the Special Amenities to their Guests, and also agree to be fully and solely responsible for any accidents his/her Guests may incur.
Guests understand the risks discussed above and agree that they will assume responsibility for themselves and their Guests for the consequences of those risks. Guests agree to waive any claim whatsoever against the Owner of the Rental Property, the condominium or homeowners association, and/or the Agent for any accidents or claims arising from the use of any Special Amenity by any Guest or any Guest’s Guest. Guests also understand and agree that they are responsible and liable (and will pay Agent upon request) for any damages that may occur to any Special Amenity due to misuse and/or negligence including, for example, walking on the hot tub cover or damaging the liner, allowing the hot tub or whirlpool water level to become too low, or causing water overflow which damages the Rental Property or any surrounding property. With full knowledge of the above facts and warnings, Guests fully accept and assume all risks involved in or related to the use of Special Amenities.
Home & Condo Equipment
All homes and condos are privately owned and equipped for basic vacation needs. Bed linens and towels are available for the number of Guests indicated on the Guest agreement. Although each property will be completely equipped for rental purposes, we cannot accept responsibility for aesthetic conflicts.
Maintenance problems in the home or condo will be handled in a timely and professional manner. The reservation amount will not be adjusted due to any malfunction of equipment, which includes TVs, VCRs, DVDs, air conditioning units, hot water heaters, stoves, refrigerators, door locks, etc. Furthermore, no compensation will be given for temporary outage of electricity, gas, water, cable, WI-FI access or golf course closures, tennis court or swimming pool availability. Agent assumes no responsibility or liability whatsoever for any alleged or actual Guest loss or damage directly or indirectly related to the malfunctioning of any appliances or equipment, or the outage of any utilities. The property is furnished with Owner’s furnishings and neither the Owner nor the Agent will be responsible for providing any additional furnishings or equipment.
This property is located in the tropics which provides great weather, outdoor living and lots of open spaces, sliding doors, and open entry points. A lot of visitors enjoy the varied wildlife in Hawaii. Every effort is made to control our natural guests or what some people refer to as pests such as geckos, insects including
roaches, ants and centipedes, scorpions, coqui frogs, spiders, mice, rats, mongooses, goats, chickens, turkeys and other creatures that might show up unannounced, make noise and be in or around the homes. The Agent and the property owners’ engage pest control companies to control potential issues. Part of the control is the Guest’s responsibility by ensuring garbage and recycling is removed promptly, doors are not left open and unattended especially at night. The Guest accepts these pests are part of the experience and there are not refunds or cancellations provided based on pest issues.
A start up amenities package provided for our Guests includes: Kitchen utensils and a starter supply of soap and paper products are made available for all rentals (i.e. 3 rolls of toilet paper per bathroom, a set of towels for each guest as well as a minimum of two Beach Towels per unit, Shampoo/Conditioner/Soap or Body Wash, Small bottle of dishwashing soap, a clean sponge for kitchen sink, salt & pepper, sugar packets, coffee filters, laundry soap, paper towels, extra garbage bags, etc) . You will need to bring or purchase additional supplies as needed. Please know that sometimes guests will leave their remaining condiments/spices & seasonings/cooking oils/sunscreens/first aid items, etc for future guests to use. These items are available for your usage but you do so at your own risk as those are not provided by management, and only left as a courtesy by the cleaners. Any supplies beyond the initial startup amenities package provided by the Agent are to be supplied by the Guest. All other household and cooking supplies needed shall be the responsibility of the Guest. Clean linens & bath towels are provided for the number of occupancy. Many units also include beach towels.
Not included in this Agreement is daily maid service, household supplies, lei greetings, baggage handling, long distance charges, auto rental, food, liquor, laundry, and personal items.
Guest agrees not to move or alter any of the furnishings and shall use them only for the purpose intended. Guest shall respect and protect all furnishing and décor and understands that some of the furnishings are unique and valuable. Guest shall be solely responsible for replacement value for any damage or destruction to furnishings on the leased premises. The premises shall be kept in as clean, healthy and safe as conditions of the premises permit, and causing no unsafe or unsanitary conditions. No junk, recycling or garbage will be allowed to accumulate on or near the premises, as this may attract pests. It is the guest's responsibility to take trash to the bins supplied, or in the case of private homes to ensure the trash is set out on the specified pick up days. Care should be taken not to damage the furniture with wet or soiled
clothing or swimsuits or with suntan lotion or sun block. Sun block will stain leather and cloth items. Beach towels provided shall be placed on all cushions to prevent soiling from suntan lotions/blocks/oils.
All utilities and services for the premises are included in the rental amount except for any services such as an electrical surcharge as negotiated in your rental agreement. It is your responsibility to verify with our offices the availability of wifi and cable services.
Should you desire to have any mail delivered prior to or during your stay please contact the Agent directly to coordinate service as there are limited delivery options in the area.
Deposits & Payments
A rental deposit of AT LEAST 50% is due and payable to The Land Office, LLC Property Management Division (Agent) to secure your reservation. The deposit may be higher depending on the type and length of accommodations and will be noted on the reservation summary. If the Reservation Hold Payment was paid using a credit card, unless otherwise instructed in writing by the Primary Guest whose name appears on such credit card, Agent will use that credit card to pay the balance of the Rental Fee no more than 30 days from the date of arrival.
Final payment is due 30 days prior to the check-in date. Guest expressly agrees that a valid credit card or eCheck information will be kept on file by the Agent in lieu of a security deposit. Guest hereby authorizes the Agent to charge the credit card or eCheck for the cost of repairs, replacement, services, telephone charges or extra cleaning for all damage, breakage and/or loss incurred during his/her stay. Extra cleaning includes, but is not limited to, excessive trash, stains on flooring and furniture, stained linens, dirty dishes, etc. You may be assessed a fine for relocation of furniture (beds/tables/nightstands), mattresses, etc. In the event of damage to the premises, its equipment, furniture, or carpeting, Guest shall be responsible for the costs of repairing or replacing such damage. If collection or legal action is necessary, the Guest will be responsible for the costs thereof, including reasonable attorney’s fees. Documentation detailing damages and charges will be provided to the Guest.
For reservations made within 30 days of the check-in date, the entire reservation amount along with the valid credit card or check information will be held as a security deposit.
We accept Visa, MasterCard and Discover Credit Cards. Personal checks and cashier’s checks are also accepted as payment. Please make checks payable to The Land Office, LLC Property Management Division. A fee of $50.00 will be charged for all returned checks. Your reservation is not confirmed until payment is received and, in the case of personal checks, the clearance of such checks by the issuing bank. All payments must be made in US dollars. After we receive final payment we will send, via email, your confirmation with arrival instructions and directions to the property.
Cancelations & Refunds
A full refund, minus a service fee of 10% of the total paid will be given for cancelations made in writing 30 days before the check-in date. For reservations canceled within 30 days of check-in, no refunds will be given. Cancelation or early departure once guest takes occupancy does not warrant any refund.
If for any reason the Rental Property becomes unavailable (i.e. the Rental Property has been sold or foreclosed upon, is no longer in the Agent’s rental program, or is under maintenance or construction) the Agent reserves the right to cancel the reservation or transfer the reservation to another property in Agent’s rental program. Should this occur, the Agent reserves the right to determine which rental properties are comparable. If comparable accommodations are not available, the guest will receive a full refund of the reservation amount paid. The Agent is not responsible for events beyond its control, e.g. inclement weather, maintenance, pandemics, volcanic activity and construction issues. Hawaii has a tropical ocean environment that can cause a lot of maintenance problems. While we will do our best to notify you of any situation that occurs, no refunds will be issued for events and maintenance problems out of the Agents control. We strongly encourage all Guests to obtain travel insurance.
The Agent or Owner may enter the premises at anytime for the following reasons:
*Assess damages or malfunctions
*Perform repairs and maintenance
*Supply services agreed upon by the Agent
*If the unit is for sale, we will provide 24-hour notice to show the unit at a reasonable hour
*In case of emergency, the Agent reserves the right to enter the unit for the purposes of safekeeping and/or prevention of further damage.
The Agent is not responsible for construction and maintenance at a property that is outside of the unit and no refunds of the reservation amount paid will be given for these inconveniences.
Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposits and/or money collected, and the Guests will not be permitted to check in.
The Guest agrees that the Agent shall not be liable to Guest, Guest’s guests, invitees or any other person for any injury, loss or damage to any person or property on or about the rental premises or from use of any items provided for Guests use such as, but not limited to, beach equipment and sporting equipment or any activities booked thru the Agent. While we do our best to verify activity vendors and activities we are not responsible for injury, damages or any loss resulting from any activity booked through the Agent. Guest shall hold the Agent harmless and indemnified from and against all loss or damage occasioned by use, misuses or abuse of any part of or fixture on the premises, surrounding areas and from or against any omission, neglect, or default of the Guest and his/her guests or invitees. The Guest acknowledges that the Agent is acting solely in the capacity of Agent for the Owner and assumes no liability thereunder.
Each property managed by the Agent is privately owned. The Owners are not responsible for any accidents, injuries or illnesses that occur while on the premises or its facilities or from use of any items provided for Guests use such as, but not limited, to beach equipment and sporting equipment. The Owners and the Agent are not responsible for the loss of personal belongings or valuables of the Guest. By accepting this reservation, it is agreed that all Guests are expressly assuming the risk of any harm arising from their use of the premises or others whom they invite to use the premise and items provided for Guests use.
Guest's personal property and effects are the Guest's sole responsibility throughout the tenancy. The Agent’s insurance will not cover Guest's personal property and Guest agrees to carry his/her own insurance on such property and personal effects. All personal property of the Guest on said premises shall remain his sole responsibility and risk, and the Owner and Agent shall not be liable for any damages to, or loss of such personal property arising from any acts of negligence of any other person, theft, loss, from the
leaking of the roof, or from bursting, leaking, or overflowing of water, sewer, or from plumbing fixtures, or from the handling of electrical wires or fixtures, or from any cause whatsoever, nor shall the Agent be liable for any injury to the Guest or other person in or about the premises, the Guest expressly agreeing to hold the Owner and Agent harmless in all such causes and events. Neither the Agent nor the Owner of the Rental Property shall assume any liability or responsibility whatsoever for any damage or costs incurred by any tenant as the result of any vehicle or trailer being parked at or near the Rental Property, or being towed.
The Agent does not reserve properties without a completed online reservation form and a signed Guest Agreement. Your reservation is not confirmed until payment is made and a completed contract is received . A hold does not constitute a confirmed reservation. The Agent is in no way responsible for any financial loss resulting from a reservation.
Acceptance of Agreement
Your acknowledgement: By providing your payment as a guarantee for rental, you agree to pay all rents and associated fees, accept all aspects of these TERMS and CONDITIONS and accept all liability for any damages.