This Rental Agreement ("Agreement") is made between the Guest and Owner of the Property and agreed upon by all parties at the time of booking. The Guest hereby offers to rent the unit and agrees to the terms outlined in this Agreement, which is evidenced by receipt of partial or full payment.
Guest acknowledges that Owner appoints and fully authorizes HappyDoors Property Management LLC doing business as Happy Vacations (hereinafter referred to as “Agent”), Real Estate license number RB 21552, with a mailing address of 250 Ward Ave Ste 233, Honolulu, HI 96814 to manage the Property and act on Owner’s behalf.
The term and duration of this Agreement shall begin and end based on the dates specified in the reservation. The Guest intends to use this unit for short term rental purposes and is not subject to automatic renewal. Guest is expected to vacate the Property not later than 11:00AM on the last day of their reservation.
Guests agree to pay at the time of booking a non-refundable 10% reservation fee based off the gross nightly rent for the duration of the stay with a minimum charge of $100 for the reservation fee. Any remaining balance must be paid no later than 30 days before the start date for the reservation. If payment is not received on or before 30 days in advance, this Agreement shall be terminated, and Guests will forfeit the non-refundable reservation fee and any other payments made.
If a reservation is canceled more than 30 days in advance, the balance paid will be refunded in full, minus the reservation fee. All payments become non-refundable 30 days before the scheduled arrival date.
The Property shall be used for short term rental purposes, commonly referred to as a Vacation Rental. It may only be used for the total number of guests identified on the reservation. Guest agrees to pay an additional $300.00 per night and will be applied upon discovery for each additional adult or child over the age of one (1) year found to be at the Property without prior written consent until this violation has been corrected.
If Property comes with a designated parking which will be outlined in the reservation, Guest may only park in the designated parking stall(s). If there is no designated parking, Guest may not park at the Property and must park in publicly available parking areas or make other arrangements at Guest’s sole expense. Vehicle fluid leaks must be repaired immediately and the Guest is responsible for cleaning any fluid discharge, spills, stains or repairing damage caused by Guest's vehicle regardless of whether or not Guest owns or is leasing the vehicle. Vehicles that are determined to be in poor condition, at Agent or Owner’s sole discretion, or that may be damaging the designated parking area must be removed from the Property immediately. Any and all vehicles using designated parking must have current registration and safety inspection. Commercial vehicles, trailers, watercrafts, or other recreational vehicles are not permitted to park in designated parking without prior written consent from the Agent or Owner. If Guest or person(s) accompanying a Guest, invited or not, is found in violation of any of these terms and conditions, the vehicle will be subject to immediate towing at Guest's expense.
Guest shall not sublease or assign, convey, sell, or otherwise transfer this Agreement without the prior written consent of Agent or Owner. Additional Guests that are not listed in the original reservation are not allowed without written approval from the Agent or Owner. Guest is responsible for ensuring that occupants, those accompanying the Guest, relatives, or anyone else who otherwise may have access to the Property, invited or not, abides by the terms of this Agreement and Guest assumes any and all liability for their actions.
NO SMOKING CLAUSE
The Property is a non-smoking and smoke free Property. Guest agrees and understands that smoking is not allowed in the Property. This includes, but are not limited to cigarettes, electronic cigarettes, cigars, and marijuana. Guest will be liable for any and all damage(s) caused by smoking, which may include, but are not limited to, replacing carpeting and padding, complete painting of the interior, cleaning the duct work, or any other replacement or repair that may be necessary.
No pets shall be brought on the Property without the prior written consent of Agent or Owner regardless if they are intended to be at the Property permanently or temporarily. Guest agrees to pay an additional $300.00 per day and will be applied upon discovery for each unauthorized pet until such pets have been removed. In addition, Agent or Owner reserves the right to terminate this Agreement if an unauthorized pet is brought onto the Property and Guest will forfeit any advanced payments made. This provision shall not apply to service animals as determined and permitted by applicable State or Federal law. Guest is obligated to first notify Agent and provide any requested documentation to establish the need and certification prior to allowing such service animals into the Property. Guest is responsible and liable for any and all damage or injury caused by the pet, regardless of whether or not Guest is the pet owner and whether the pet was authorized or not. Guest shall save and hold harmless Agent and Owner against all liability, judgments, expenses, demands, or claims by third parties due to injury or damage to Property of any kind caused by any pets or service animals regardless whether or not the animal was authorized.
- Guest is responsible for and liable to pay any fines, penalties, or other assessments charged by any governing agency or prevailing party, homeowners association, or condominium association because of Guest's failure to comply with State or Federal Laws, concerns of health a safety, building code, violation of any community regulations, condominium declarations, covenants, house rules, bylaws or any other rules imposed by a prevailing party, and/or the terms of this Agreement.
- If Guest remains in the Property after this Agreement has ended without prior written conscent from Agent or Owner, Guest will be a holdover tenant and shall be responsible for paying twice the monthly base rent amount for each day that Guest remains in possession of the Property. In addition, Agent or Owner may commence summary possession proceedings (herein referred to as “Eviction”). There is a $250.00 fee charged to the Guest once the eviction process has initiated which is in addition to any reasonable attorney fees, legal notice fees, or other charges which Guest is responsible for. Guest is liable to pay for any fees or charges associated with such action which includes but not limited to legal fees, notice fees, reasonable attorney fees, collection fees, etc., which includes attorney’s fees, costs of suit for unpaid rent, and reasonable attorney’s fees pursuant to HRS Section 521-35. Guest agrees Owner is entitled to no more than twenty-five percent (25%) of the Judgment amount for the portion of the Eviction that is in the nature of assumpsit (money damages) pursuant to HRS Section 607-14. Guest further agrees that the law provides no such limitation for reasonable attorneys’ fees and costs for the portion of the Eviction action related to summary possession and Guest shall remain liable for all such reasonable attorneys’ fees and costs.
- If Guest does not return all keys, remotes, transponders, etc. they will be charged an $85.00 fine in addition to the costs to replace such items.
- Arrangements will be made in advance for Guest to have access to the unit based on the start date for the reservation.
- Upon vacating the Property, Guest is expected to return the Property in the same condition that it was received in. All repairs/maintenance/excessive cleaning that Guest is responsible for must be completed prior to transferring possession of the Property. Agent or Owner will complete any needed repairs/maintenance/cleaning which Guest is responsible for at Guest’s expense if such items were not completed prior to transferring possession of the Property. Guest agrees to pay the Agent a 10% coordination fee of the gross project total if it exceeds $1,000.00. Guest will not be given the opportunity to go back into the Property once Guest has surrendered possession.
RIGHT TO ENTER
- The Agent or Owner shall give Guest at least a forty-eight (48) hours notice before entering the Property and may only enter at reasonable times or during normal business hours. In the event of an emergency, the Agent and Owner may enter the Property without notice pursuant to HRS Section 521-53.
- Also pursuant to HRS Section 521-53, Guest shall not unreasonably withhold consent for the Agent or Owner to access the Property in order to inspect/evaluate, make necessary repairs or alterations and improvements, supply any services outlined in this agreement, and to allow access to prospective buyers, mortgagees, and anyone else affiliated with the sale or leasing of the Property with a forty-eight (48) hour notice.
- Guest is responsible for making a diligent effort to cooperate with repairmen or vendors who are servicing the Property.
Guest may not alter the Property in anyway without receiving prior written consent from the Agent or Owner. This excludes those who are disabled and permitted by State and/or Federal law to make reasonable modifications to the Property at the Guest’s expense, if such modifications are required. If Guest is disabled and reasonable modifications are necessary, Guest must first notify the Agent or Owner prior to making any modifications detailing the reason and nature of such modifications. Guest is responsible for any and all costs to make modifications to the Property and the costs return the Property to its original condition. Upon approval of any request to make a modification to the Property, Guest is responsible for the cost to seek the approval of applicable housing authorities, obtain necessary permits, and all other costs associated with the approved modification. This paragraph also applies to alterations that could have a significant impact on amenities, utilities, and services provided by the Owner which may include but not limited to adding AC units, additional refrigerators/freezers, large power tools, etc.
COMPLIANCE WITH RULES
Guest agrees to abide by any and all rules and regulations and house rules whether established before or after execution of this Agreement, including but not limited to rules with respect to noise, odors, disposal of trash and refuse, pets, parking, use of common areas, disturbing others, and any other rules imposed by a government agency, Agent or Owner, homeowners association, condo association, or any other prevailing party. Guest will not disturb others or keep them from enjoying their Property/premises or any common facilities at any time. In addition, Guest will not play loud music, or cause any loud and/or offenses sounds or gestures. It is Guest’s responsibility to inform all occupants, those accompanying the Guests, relatives, or anyone else who otherwise may have access to the Property of such rules and regulations and house rules and ensure that they comply. Guest also agrees to save and hold harmless Agent and Owner with respect to any damages as a result of Guest’s failure to comply with such rules and/or the terms of this Agreement.
It's strongly recommended for Guest to obtain necessary insurance, commonly known as Travel Insurance, at Guest’s sole expense to cover any and all personal property, loss of use, and other liabilities, to include pets if applicable. Neither Agent or Owner are responsible for any loss of use, theft, food spoilage, or damage to Guest's personal Property due to but not limited to fire, water damage, theft, appliance failure, and any other peril or event. Guest shall be liable for all damage to the Property caused by Guest’s act or negligence; therefore without sufficient insurance, Guest may incur a substantial financial burden in the event of a fire, water damage, theft, or any other perils.
If the Property has a pool, Guest has been made aware that all pools and spas require an extra degree of care due to the inherent increase in risk of injury or death. Guest is aware that pools are not to be used for diving, rough housing, horse play, or any other dangerous or risky behavior. Guest hereby accepts any and all liability for family, thsoe accompanying Guests, friends, relatives or pets, invited or not, who use the pool and any related facilities or areas. If applicable, Guest agrees to cooperate and give access to any and all repair/maintenance personnel needing access to pool; to include but not limited to providing service personnel with keys to the side gates and restraining pets/animals.
- Guest will assume all responsibility for repair costs due to Guest’s misuse or negligence. Guest is responsible for damage due to improper maintenance, misuse, negligence, or intentional and/or accidental damage cause to the Property or its fixtures or amenities. It is strongly recommended that Guest reviews the manufacturer recommendations for any fixtures or amenities located at the Property as Guest is expected to know how to use them.
- Guest is responsible for any service call fees for missed appointments or if there is no diagnosed failure, mechanical failure, or problem.
- Guest shall, at his own expense, and at all times, through the duration of their stay, maintain the Property in a clean, fit, and sanitary condition as well as free of any hazardous waste and/or toxic substances; including but not limited to all equipment, amenities, front and back yard, appliances, and personal Property therein.
- Guest must obtain prior written consent from Agent or Owner for any repairs if Guest wishes to be reimbursed for such repair. Without prior written consent, neither Agent or Owner shall be obligated or otherwise required to reimburse Guest for any such costs.
- Guest agrees that in the event additional or extraordinary cleaning services are required, the costs of which are greater than the routine checkout cleaning performed, then Guest shall be charged the full amount of the costs incurred.
- If Guest is unsure or unable to perform maintenance or repair work for items which Guest is responsible for, it is recommended that Guest hires or otherwise contracts a licensed, bonded and insured contractor to perform such maintenance or repairs at their expense. Alternatively, upon Guest’s request, Agent or Owner can hire or otherwise contract a vendor to complete such maintenance or repairs on behalf of Guest at Guest’s expense.
- Pursuant to HRS Section 521-55, Guest is required to notify Agent immediately of any defects at the Property which Guest is not responsible for maintaining or repairing upon discovery of such defects. Guest is responsible and liable for any and all damages that result from the failure to immediately notify the Agent of such defects.
FAILURE TO COMPLY WITH TERMS OF THIS AGREEMENT: If Guest fails to comply or violates any term within this Agreement, Agent and Owner may terminate the Agreement and pursue Eviction. Guest is responsible for any fees or charges associated with an attempt by Agent or Owner to cure or remedy a violation of the terms within this Agreement by Guest which includes but not limited to legal fees, notice fees, reasonable attorney fees, collection fees, reimbursing the Agent for administrative costs at a rate of $85.00 per hour for the time spent pursuing the remedy of such violations, etc.
COLLECTION OF UNPAID BALANCE AND FEES: In the event that Guest has an unpaid balance or outstanding fees, Agent and Owner may pursue the collection of such unpaid balances using any legal means necessary to include but not limited to sending Guest to collections, taking Guest to court, seek a judgment against Guest, reporting the delinquency to any and all credit agencies, etc. Guest is liable to pay for any fees or charges associated with an attempt by Agent or Owner to recover unpaid balances which includes, but not limited, to legal fees, notice fees, reasonable attorney fees, collection fees, reimbursing Agent for administrative costs at a rate of $85.00 per hour for the time spent pursuing the recovery of such unpaid balances, etc.
NUISANCE AND ILLEGAL ACTIVITY
Any act committed by Guest or a condition resulting from such act that constitutes a nuisance as defined in HRS Section 712-1270 or any unlawful, improper, offensive purpose, or illegal activity shall be considered a material breach in this Agreement and shall constitute grounds for immediate termination of this Agreement. Guest will be fined $1,000.00 and must vacate the Property immediately.
- Miscellaneous amenities: The Property may be equipped with an alarm system, security cameras and devices, intercom system, and cable/tv/phone/internet outlets. Neither Agent or Owner make any warranty, expressed or implied that such amenities function properly. Guest is free to use such amenities and complete any needed repairs to such items at Guest’s sole expense.
- Sex Offender Registration: Sex offenders are required to register with the Attorney General’s office.
- Lead based paint: Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Guest certifies that they have received a copy of a federally approved pamphlet on lead poisoning prevention.
- Asbestos: Before 1979 asbestos was commonly used in insulation materials, certain ceiling and flooring materials, shingles, plaster products, cement, and other building materials. Asbestos can be hazardous to one’s health, particularly if asbestos fibers are released into the air and inhaled.
- Mold & Mildew: Mold, mildew, fungus and other bacterial growths thrive in warm temperatures where high humidity and frequent rain regularly occur. While visible areas of a home or building can be cleaned of these growths, there is no way to guarantee that any or all of these growths can be eliminated and guarantee that these growths can be readily detected in areas which are hidden, enclosed or inaccessible. Consequently, if Guest or occupants has a respiratory, skin or other health condition that can be affected by these growths, Guest should have a professional inspection conducted at Guest’s sole expense prior to taking possession of the Property. Those who can provide such expertise must first represent that they have the expertise to do the investigation and analysis required by the Guest and all attendant costs shall be at Guest’s sole expense. If Guest requests or demands a Mold assessment and/or inspection after the commencement of this Agreement, Guest accepts responsibility for any cost at Guest’s sole expense for Mold assessments and inspections in the event there is no diagnosed Mold contamination. For the purpose of this Agreement, Mold contamination is defined as the presence of Mold deemed hazardous under normal circumstances and conditions by those who have the expertise to do the investigation and analysis.
- Disclaimer: Neither Agent or Owner have the required knowledge or expertise to provide any kind of information regarding the presence, or the conditions which might produce contaminants, and none of the foregoing are able to render an opinion as to the consequences of any of these conditions might have upon the health, welfare and continued enjoyment of this Property. By signing this Agreement, Guest on Guest’s behalf or on behalf of any occupants, releases and discharges Agent and Owner from any liability related to or arising from the presence of any contaminants. Guest agrees to notify the Agent immediately if any concern about potential contaminants during Guest’s tenancy. If testing is requested by Guest, then Guest agrees to pay for such testing in the event that contaminants are not elevated beyond reasonable and otherwise “normal” levels.
- It is Guest’s responsibility to remove all personal items from the Property. Upon surrendering or willfully transferring possession of the Property, Guest deems that any personal Property left behind by the Guest is to be considered trash and having no value and can be disposed of as the Owner or Agent sees fit pursuant to HRS section 521-56.
- Guest authorizes Agent and Owner to provide any requested rental history to any prospective landlords.
- It is Guest’s responsibility to notify the Agent of any changes to their contact information. Guest shall hold harmless Agent and Owner against all liability, judgments, expenses, or damage to Property of any kind due to outdated or incorrect contact information.
- HappyDoors Property Management LLC doing business as Happy Vacations reserves the right to change, modify, or discontinue online or web-based services at any time. These services may be provided through an independent third party and we cannot be held liable if services that are provided by a separate third party are not available due to scheduled or unscheduled maintenance, updates, or a breach in security.
- Guest shall not use any self-cleaning additives for toilets and shall test dishwashers, wash machines, and garbage disposals at least once a week to prevent damage to the Property or its amenities.
- Neither Agent nor Owner have made any representations regarding the neighborhood, neighbors, or community which includes but not limited to statements about safety, quality of school systems or healthcare, noise level of the surrounding area, commute times, etc.
- Agent and it’s employees or affiliates are not certified inspectors, licensed contractors, attorneys, or accountants.
- Direct communication between Guest and Owner are discouraged, however in the event that Guest and Owner communicate directly, Agent shall not be held liable or committed to any statements or agreements made between Guest and Owner.
- Guest is to store and maintain all personal property in a neat and organized fashion. Garages, carports, parking stalls, lanais, decks, patio, porches, and other exterior amenities are designed to be used and enjoyed by Guest for their intended purposes and not for storage. Said areas must be maintained in a clean and sanitary condition free of any hazardous waste and materials.
- If the Property is located within a homeowner's associations and/or condominium association (hereinafter referred to as HOA), Guest is required to register themselves with the HOA no later than five (5) business days after taking possession of the Property. Neither Agent nor Owner shall be liable for any damages if Guest is not properly registered with the HOA. If there is assigned parking, Guest should contact the HOA immediately upon signing this Agreement in order to obtain any required parking authorization to park their vehicles and/or any moving equipment. If there is an elevator, Guest should contact the HOA immediately upon signing this Agreement in order to coordinate the use of the elevator to move their personal property and belongings. Guest shall be responsible for paying any fees or charges related to registering with the HOA and/or reserving community amenities.
- If there are multiple Guests, Guest shall designate one Guest as the main point of contact. It’s Guest’s responsibility to notify Agent of any changes to the main point of contact. Each Guest individually and collectively assumes liability for all occupants, guests, relatives, or anyone else who otherwise may have access to the Property, invited or not, and is responsible for ensuring that they abide by the terms of this Agreement.
- In the event that the Property has been burglarized, broken into, or vandalized, Guest is to contact the police or local authorities and obtain a report or documentation of the event at the Guest’s sole expense. Failure to obtain such documentation will result in Guest paying for the cost to restore the Property to its original condition.
- The use of candles or incense is prohibited unless it is being used for religious purposes. If used for religious purposes, Guest must exercise extreme care and caution taking every step necessary to reduce the risk of fire or other damage to the Property.
- If the Property is equipped with an attic or crawlspace, it is not intended to be used for storage and should not be accessed by Guest. To protect both the Guest and Property, only persons authorized by Agent or Owner are allowed into the attic or crawlspace.
- This Agreement shall be subject to, governed by, construed and enforced pursuant to the laws of the State of Hawaii.
- This Agreement shall be construed without regard to the identity of the person(s) who drafted the provisions contained herein. Each and every provision of this Agreement shall be construed as though each of the parties participated equally in the drafting thereof. As a result of the foregoing, any rule of construction against a drafting party shall not apply.
- This Agreement constitutes the entire agreement and supersedes all prior agreements and understandings whether verbal or in writing. This Agreement shall not be altered, amended, modified or otherwise changed in any respect, or particular whatsoever, except in writing duly executed by all undersigned parties.
- In this Agreement, the singular shall include the plural, and the plural shall include the singular as the case may be.
- In this Agreement, the use of any one gender shall include all genders.
- In this Agreement, the captions or headings of paragraphs and subparagraphs are inserted for convenience, reference, and identification purposes only, and shall neither control, define, limit nor affect any provision of this Agreement.
- If any term, provision, or condition in this Agreement shall be held unenforceable, invalid, or void for any reason, the remainder of this Agreement shall continue in full force and effect.
REQUIRED AGENCY DISCLOSURE
HappyDoors Property Management LLC dba Happy Vacations, its affiliates and all real estate licensees employed by or associated with the real estate brokerage firm represent the Owner. By enterting into this Agreement, Guest confirms that oral or written disclosure of such representation was provided to Guest before entering into this Agreement.
By entering into this Agreement, each Guest shall be collectively and individually responsible for compliance with all the terms of this Agreement. Guest agrees and understands that any fines, fees, and penalties herein are a material term to this Agreement. This is the entire Agreement between the parties and may only be modified in writing signed by both parties. This is a binding contract and if you do not fully understand the terms of this Agreement, you are advised to consult with your attorney before signing. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable.