This Guest Rental Agreement (“Agreement”) is made between the Guest (“Guest”) and the Owner of the Property, as managed by Happy Vacations LLC (“Agent”), Real Estate License No. RB-24496, 1236 S King St Ste 233, Honolulu, HI 96814.
Agent represents the Owner in this transaction.
By confirming the reservation and/or submitting payment, Guest agrees to this Agreement.
This Agreement governs transient occupancy only and does not create a landlord-tenant relationship unless required by applicable law.
TERM OF OCCUPANCY
Occupancy begins on the check-in date at 3:00 p.m. and ends at 11:00 a.m. on the check-out date unless otherwise agreed in writing. Unauthorized occupancy beyond check-out may result in:
- Additional nightly charges at the then-applicable rate
- Costs incurred due to delayed turnover
- Relocation expenses for incoming guests
- Any resulting damages
THIRD-PARTY BOOKING PLATFORMS
A. If this reservation was made through a third-party booking platform (“Platform”), the Platform’s terms and policies shall govern matters the Platform administers, including payment processing and cancellation policies, to the extent required by the Platform. Guest acknowledges and agrees to comply with the applicable Platform terms and policies.
To the extent a claim or dispute is not resolved or administered by the Platform, this Agreement shall govern the rights and obligations between Guest and Owner/Agent to the fullest extent permitted by law and applicable Platform terms. Guest remains responsible for amounts lawfully owed under this Agreement, regardless of booking channel.
B. Except as expressly governed by the applicable Platform, all remaining provisions of this Agreement remain enforceable regardless of booking channel.
PAYMENTS
A. Platform-Processed Payments: Payments and refunds shall be processed in accordance with the applicable Platform’s rules and policies.
B. Direct or Non-Platform Payments: Guest authorizes Agent to charge the payment method provided for rent and taxes, cleaning fees, damage or excessive cleaning, HOA/building/government fines attributable to Guest, service call fees caused by misuse, and collection costs as permitted herein. Guest further authorizes Agent to charge the payment method on file for charges assessed under this Agreement after check-out, including charges discovered within a reasonable time following departure, provided Agent transmits notice of the charge and a brief description of the basis for the charge by email or through the applicable Platform, to the extent permitted by applicable law and any card network rules. Nothing in this section limits Owner’s or Agent’s right to pursue recovery of amounts lawfully owed by any other lawful means, subject to applicable statutes of limitation.
C. Chargebacks; Disputed Charges: Guest agrees to provide Agent written notice of any disputed charge within fourteen (14) days after the earlier of (i) the date Agent transmits notice of the charge by email or through the applicable Platform, or (ii) the date the charge is posted to Guest’s payment method. Guest also agrees to cooperate in good faith to resolve the dispute before initiating any chargeback or payment dispute, to the extent permitted by applicable law and any card network rules. This section does not limit Guest’s rights under applicable law. Initiating a chargeback does not relieve Guest of amounts lawfully owed under this Agreement.
D. Documentation of Charges: Charges assessed under this Agreement may be supported by reasonable documentation, which may include, without limitation, photographs, written statements, vendor invoices, receipts, estimates, or internal incident reports.
E. Guest’s obligations under Sections 3, 8, 9, and 10 survive check-out.
CANCELLATIONS
A. If governed by a Platform-administered cancellation policy, that policy controls.
B. If not governed by a Platform policy:
- Cancellations more than thirty (30) days before check-in: refund of amounts paid, less non-refundable processing fees.
- Cancellations thirty (30) days or less before check-in: non-refundable.
C. No refunds for late arrival, early departure, or reduction in occupancy.
D. Guest is strongly encouraged to obtain travel insurance.
USE AND OCCUPANCY
A. The Property is for transient lodging only. Only the number of guests listed in the reservation may occupy the Property.
B. No parties, events, commercial activities, or unauthorized gatherings. Guest is responsible for all occupants and invitees.
C. Guest is responsible for additional cleaning, wear and tear, HOA fines, and increased utility usage attributable to unauthorized occupants.
D. Definition of Guest; Responsibility for Others: For purposes of this Agreement, “Guest” refers to the booking guest identified in the reservation. The booking guest is responsible for all occupants, visitors, and invitees permitted on the Property during the stay. Nothing in this definition authorizes occupancy by any person not listed on the reservation or otherwise approved in writing by Agent or Owner.
NO SUBLETTING OR ASSIGNMENT
Guest may not sublease, assign, transfer, advertise, or otherwise permit occupancy of the Property by any person not listed on the reservation without prior written approval from Agent. The reservation is personal to the Guest and may not be transferred to another party without written consent. Unauthorized subletting, assignment, or listing of the Property on any platform or marketplace constitutes a material breach of this Agreement and may result in immediate termination of occupancy as permitted by law.
HOUSE RULES
Violation of House Rules constitutes a material breach and may result in
termination as permitted by law.
A. Guest agrees to comply with all House Rules provided in the listing, pre-arrival communications, the Property, and this Agreement.
B. No Smoking / No Vaping: Smoking, vaping, and marijuana use are prohibited inside the unit, on lanais/balconies, and in prohibited building areas. Guest is responsible for odor remediation, specialized cleaning, and any HOA fines resulting from violations.
C. No Pets: No pets without prior written approval. Service animals accommodated as required by law.
D. Quiet Hours: 10:00 p.m. – 8:00 a.m.
E. Registered Guests Only: Only registered guests may stay overnight.
F. Trash & Building Compliance: Guest must follow all building trash procedures and disposal timing restrictions.
G. Parking: Parking permitted only in designated areas (if applicable). Guest is responsible for damage caused by vehicles, including oil or fluid leaks. Vehicles must be legally registered and operable. Unauthorized vehicles may be towed at Guest’s expense.
H. Keys / Access Devices: Guest is responsible for costs associated with lost keys, remotes, access cards, garage fobs, or reprogramming of entry systems.
I. No open flames: The use of candles, incense, open-flame devices, oil lamps, or similar items is prohibited inside the Property or on lanais/balconies. Guest shall not use any device that produces an open flame except as expressly authorized in writing. Guest is responsible for any fire damage, smoke damage, alarm activation charges, or building fines resulting from violation of this provision.
J. Guest shall not engage in illegal activity and shall comply with all applicable laws and building/HOA rules. Guest shall not create a nuisance or disturbance to neighbors.
DAMAGE; POST-DEPARTURE DISCOVERY
A. Guest is responsible for all damage caused by Guest or invitees.
B. Damage may not be immediately apparent at check-out. Charges may be assessed after reasonable discovery for:
- Physical damage
- Missing items
- Smoking remediation
- Unauthorized pets
- Plumbing blockages caused by improper disposal
- Excessive trash or biohazard cleaning
- Excessive cleaning beyond standard turnover
- HOA or governmental fines attributable to Guest
C. Routine departure cleaning is included. Excessive cleaning beyond standard turnover standards may be charged at actual cost.
D. Platform claim denial does not waive Guest’s responsibility.
SERVICE CALLS
Guest shall be responsible for service call fees resulting from misuse, neglect, or failure to follow provided instructions, including instances where no mechanical defect is found.
COLLECTION COSTS
A. Guest agrees to pay all amounts lawfully owed. Recoverable to the fullest extent permitted by applicable law.
B. If referred to a collection agency or attorney, Guest agrees to pay reasonable collection costs including:
- Collection agency fees (which may be percentage-based)
- Reasonable attorney’s fees
- Court costs
- Lawful interest
RIGHT OF ENTRY
Agent or Owner may enter upon reasonable notice and at a reasonable time to inspect, repair, address complaints, or ensure compliance. Entry without prior notice may occur in emergencies or to prevent harm or property damage, consistent with applicable law.
MAINTENANCE AND REPORTING
Guest shall promptly report leaks, plumbing issues, water intrusion, or visible damage. Guest shall not perform repairs without written authorization.
NO ALTERATIONS OR MODIFICATIONS
A. Guest shall not alter, modify, or damage the Property in any manner.
B. Prohibited alterations include, but are not limited to:
- Installing fixtures, hardware, or devices
- Mounting televisions, artwork, or brackets
- Applying adhesives, nails, screws, or fasteners to walls or surfaces
- Altering landscaping or exterior features
- Modifying locks or entry systems
- Reprogramming thermostats, routers, or smart home systems
C. Guest shall not disable, tamper with, or remove smoke detectors, carbon monoxide detectors, security devices, or safety equipment. Tampering with life-safety devices constitutes a material breach of this Agreement.
D. Any damage resulting from unauthorized alterations shall be repaired at Guest’s expense.
E. Nothing in this section limits reasonable accommodations required by applicable law; any such request must be submitted in writing in advance.
POOL / SPA / WATER FEATURE USE
A. If the Property includes a pool, spa, hot tub, or other water feature, Guest acknowledges that use involves inherent risks. Guest agrees:
- No diving.
- No running, roughhousing, or unsafe conduct.
- Children must be supervised at all times.
- Glass containers are prohibited in pool areas.
- Pool gates and safety barriers shall not be propped open or disabled.
B. Guest uses any pool, spa, or water feature at their own risk.
C. Guest is responsible for damage caused by misuse and for any additional cleaning required due to improper use.
D. To the fullest extent permitted by law, Agent and Owner shall not be liable for injury resulting from unsafe use, failure to follow posted rules, or failure to supervise minors.
ENVIRONMENTAL CONDITIONS AND DISCLOSURES
A. Lead-Based Paint Disclosure.
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not properly managed. 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. Lessees must also receive a federally approved pamphlet on lead poisoning prevention.
To the extent the Property was constructed prior to 1978, Owner and Agent have no actual knowledge of lead-based paint or lead-based paint hazards in the Property and have no reports or records pertaining to lead-based paint or lead-based paint hazards in the Property, unless otherwise disclosed in writing.
Guest acknowledges receipt of the EPA pamphlet “Protect Your Family From Lead in Your Home” and this disclosure prior to execution of this Agreement.
If the Property was constructed in or after 1978, the federal lead-based paint disclosure requirements do not apply.
B. Asbestos.
The Property may contain building materials commonly used in structures constructed prior to the 1980s, some of which may have contained asbestos. Owner and Agent have not conducted specialized environmental testing of the Property unless expressly stated in writing and make no representations regarding the presence or absence of asbestos-containing materials. Owner and Agent have no actual knowledge of friable asbestos conditions that pose a health hazard.
Guest agrees not to disturb building materials, including but not limited to insulation, ceiling materials, flooring, or wall components, and to promptly notify Agent of any damaged, deteriorating, or crumbling materials observed during the occupancy.
C. Tropical Climate; Moisture and Mold.
The Property is located in a tropical climate where humidity, rain, and moisture are common. Such environmental conditions may contribute to condensation, dampness, mildew, or mold growth. Guest acknowledges that Owner and Agent are not environmental testing or remediation experts and have not conducted specialized mold or air quality testing unless expressly stated in writing.
Guest agrees to:
(i) promptly report any leaks, water intrusion, plumbing issues, visible mold, or unusual odors;
(ii) operate air conditioning and ventilation systems in a reasonable manner to reduce humidity;
(iii) keep doors and windows closed during rain and when air conditioning is operating;
(iv) use bathroom and kitchen ventilation fans when appropriate; and
(v) maintain reasonable housekeeping practices to prevent excessive moisture accumulation.
Guest’s failure to promptly notify Agent of water intrusion or visible mold conditions may result in Guest being responsible for resulting damages to the extent caused by such failure.
D. Except as expressly stated in writing, Owner and Agent make no warranty regarding environmental conditions, including mold, allergens, or air quality.
SECURITY CAMERAS
Buildings may utilize security cameras in common areas. Private homes may utilize exterior security cameras. No cameras are located inside the interior living areas of the Property.
INSURANCE; LIMITATION OF LIABILITY
A. Except to the extent caused by Owner’s or Agent’s gross negligence or willful misconduct, and unless otherwise required by applicable law, Owner and Agent are not responsible for:
- Loss of use
- Travel disruptions
- Utility interruptions
- Internet/cable outages
- Appliance malfunction
- Construction noise
- Food spoilage
- Guest personal property loss
B. No refunds for events beyond Owner’s reasonable control unless required by law or booking platform.
C. Guest is strongly encouraged to obtain travel insurance.
THEFT OR CRIMINAL ACTIVITY
Guest shall promptly notify Agent and local law enforcement and reasonably cooperate in reporting.
PERSONAL PROPERTY LEFT BEHIND
Personal property left behind after departure may be disposed of or donated at Owner’s discretion to the extent permitted by applicable law, unless Guest makes immediate arrangements for retrieval at Guest’s sole expense.
AGENT DISCLOSURE; LIMITED ROLE
Agent acts solely in a property management capacity and is not a contractor, engineer, environmental specialist, attorney, accountant, or medical professional.
EXTENDED STAYS (30+ CONSECUTIVE NIGHTS)
The following provisions apply automatically if Guest’s stay is thirty (30) consecutive nights or longer:
A. Transient Intent: The stay is temporary in nature and does not create automatic renewal beyond stated dates unless required by law.
B. Utilities: Utilities are included unless otherwise stated. Excessive usage beyond reasonable residential consumption may result in documented additional charges.
C. Periodic Inspection: Agent may conduct periodic inspections upon reasonable notice.
D. Ongoing Maintenance: Guest is responsible for routine housekeeping during extended stays.
E. Early Departure: No refunds for early termination unless agreed in writing.
TERMINATION FOR BREACH
A material breach of this Agreement (including House Rules violations, unauthorized occupants, parties, smoking, pets, or illegal activity) may result, to the fullest extent permitted by applicable law and applicable Platform terms/policies, in termination of occupancy by Owner or Agent and a demand that Guest vacate the Property, without refund to the extent allowed. Guest agrees to promptly vacate upon notice of termination and to cooperate with checkout and return of all keys/access devices. Amounts owed under this Agreement survive termination. Owner/Agent may involve building security and/or law enforcement where reasonably necessary. Guest acknowledges that termination may require relocation at Guest’s expense.
GENERAL PROVISIONS
A. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii.
B. Exclusive Venue: To the extent a dispute is not resolved through the applicable booking platform, any legal action arising out of or relating to this Agreement shall be brought exclusively in the state courts located in Honolulu County, Hawaii.
C. Informal Resolution; Mediation: The parties agree to make a good-faith effort to resolve any dispute informally prior to initiating legal action. The parties may mutually agree to participate in mediation prior to filing suit; however, mediation is not a condition precedent to filing a claim unless otherwise required by law. Nothing in this section limits either party’s right to pursue claims in small claims court where jurisdictionally appropriate.
D. Prevailing Party Fees: To the extent permitted by applicable law, the prevailing party in any action to enforce this Agreement (including any appeal or post-judgment collection proceedings) shall be entitled to recover its reasonable attorneys’ fees, court costs, and litigation expenses incurred.
E. Indemnification: Guest shall indemnify and hold harmless Owner and Agent from and against any third-party claims, damages, fines, penalties, and reasonable costs (including attorneys’ fees where permitted) to the extent arising from Guest’s or invitees’ breach of this Agreement, negligence, willful misconduct, or violation of law or building/HOA rules, except to the extent caused by Owner’s or Agent’s gross negligence or willful misconduct. This indemnity is in addition to, and does not limit, Guest’s direct payment obligations under this Agreement.
F. Severability: If any provision is unenforceable, the remainder remains in effect.
G. 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. The parties acknowledge that this Agreement shall not be construed against any party as the drafter.
H. In this Agreement, the singular shall include the plural, and the plural shall include the singular as the case may be.
I. In this Agreement, the use of any one gender shall include all genders.
J. 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.
K. Electronic Signatures; Delivery: Guest agrees that this Agreement may be executed electronically and that electronic signatures and acknowledgments are binding. Guest further agrees that delivery of this Agreement and required disclosures by email or through an applicable Platform constitutes delivery in writing.
REQUIRED AGENCY DISCLOSURE
A. Pursuant to Hawaii Revised Statutes Chapter 467, Happy Vacations LLC is a licensed Hawaii real estate brokerage firm representing the Owner of the Property in this transaction. Happy Vacations LLC and its affiliated real estate licensees represent the Owner exclusively and do not represent Guest.
B. Guest understands and acknowledges that all fiduciary duties are owed to the Owner. Happy Vacations LLC may provide ministerial assistance to Guest in facilitating the rental but does not act as Guest’s agent or advocate.
C. Guest acknowledges that Agent is authorized to act on Owner’s behalf to administer and enforce this Agreement, including collecting amounts due.
D. By entering into this Agreement, Guest acknowledges receipt of this written disclosure of agency representation.
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings, whether verbal or in writing, and may be modified only in writing.
Binding Agreement
This Agreement is a legally binding contract. Guest acknowledges having had the opportunity to consult independent legal counsel of Guest’s choosing and either has done so or has voluntarily elected not to do so.