Terms of Service
A completed “Vacation Rental Agreement” is required within 24-hours to hold your reservation. The Rental Deposit is due upon receipt. Review and acceptance of the Terms and Conditions which is made part of this rental agreement is required before a confirmation will be issued.
RATES: Rates are quoted on a per-night, per week or per month basis as noted. Unless specified otherwise, check-in is 4:00 p.m., and checkout is 10:00 a.m. Rates quoted are for a maximum of six people, additional guests are subject to a per-person, per-day charge. Charges vary and are subject to change without notice until reservations are made. Our villa comes fully equipped with telephone, televisions, linens, dishes and utensils and an initial supply of soap and paper goods. One reserved parking space is included.
ADDITIONAL CHARGES (NOT included in rate): Rates do NOT include daily maid service, gratuities, car rental, food, liquor, laundry, personal items, excessive cleaning upon departure (i.e. upholstery or rug shampooing, etc.).
RESERVATIONS AND PAYMENTS: Payment of the applicable Rental Deposit amount together with a completed Guest Rental Agreement must be received and approved by Tree Properties, LLC before a confirmation will be issued. No grace period will apply. Final payment, consisting of the remaining balance, must be received by Tree Properties, LLC at least sixty (60) days prior to guest arrival (or immediately if booked less than sixty (60) days in advance of guest arrival). Failure to make final payments on a timely basis may make reservation subject to automatic cancellation at the discretion of Tree Properties, LLC.
CONDITION OF RENTAL: The property shall be in the same condition upon departure as at check-in. Normal wear and tear excepted. Owner or its agents may enter the property at reasonable times to make repairs or provide maid service. Guest may cook in areas specifically designated for cooking. Guest must immediately notify Owner or agent of fire or other damage to property. Guest shall be liable for all acts of the family, invitees, employees, or other persons invited onto the property. Guest may not sublet or assign this rental agreement. Guest shall be responsible to return all keys upon departure. Guest shall abide by the House Rules of the Owner, Property Manager, and the Condominium Association as provided to Guest. Guests shall not bring any pets onto the property. Guest will not smoke indoors or on the lanai (the Beach Villas is a non-smoking property). No parties shall be allowed without prior consent. Additional charges may apply. No catering or outside music permitted without prior consent, additional charges may apply. Guest shall not permit any use of pool or Jacuzzi by unsupervised children or other guests, and shall keep gates closed. Guest and other invitees shall use the pool and Jacuzzi at their own risk. Guest understands that there are certain inherent risks to person and property located adjacent to the ocean, including the possibility of drowning. Guest acknowledges that the owner would not rent the property unless the Guest accepted this condition.
SECURITY DEPOSIT: Guests are required to make a Security Deposit to protect against any damages to and/or loss of items from the Property and to assure payment of items charged to the Guest Account. The deposit will be held by Tree Properties, LLC and will be returned, minus deductions, not later than 21 calendar days after the termination of the agreement. We must give you a written statement at that
time explaining any deductions. Deductions can be made for the following reasons: to repair or replace anything that is damaged or missing; to pay any and all amounts due; to change locks and replace all keys (key fob replacement cost is up to $25 each) or other keys that were given to you and not returned; fines incurred due to guest not adhering to house rules; additional departure cleaning expense or to clean excessive dirt (i.e. stained carpets, furniture, walls, appliances, etc.), remove excessive trash, and put the unit, and it’s items, in the same condition when you moved in. Any charges will be deducted from the security deposit and the balance of the deposit returned to the client. If your deposit is not enough to cover all the damages and costs, you must pay the extra amount. In some rare cases it may take more than 30-days to return security deposit.
LIMITATION OF LIABILITY: Tree Properties, LLC acts as a property manager and/or a marketing agent for the homeowners, suppliers and contractors providing accommodations, transportation and services. Under no circumstances shall Tree Properties, LLC be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise whatsoever, howsoever caused or incurred whether arising in contract or otherwise in law or equity as a result of rendering of the services or accommodations as described or substituted and including, without restricting the generality of the foregoing as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of services or land accommodations by Property Manager or Owner or by reason of military actions, revolution or acts of God, government agencies, or unforeseen circumstances or events, by any agents, owners, employees, subcontractors, servants or services as substituted. Tree Properties, LLC at all times will act in good faith and use its best efforts to substitute with accommodations or services of a type comparable to those contracted. Tree Properties, LLC will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. Some activities in which guests engage are especially dangerous and include scuba diving, snorkeling, deep-sea fishing, boating, golfing, swimming, boogie boarding, surfing, hiking, biking and mountain climbing. This list is not all-inclusive, but indicates some of the hazards of vacationing in Hawaii. Guests may also encounter the following risks: slippery floors and stairs, especially when wet, lanais with spaces between rails (dangerous for little children), precipitous drop-offs on ocean floor, unfenced pools, faulty electrical or plumbing systems, gas BBQ grills, clean/clear sliding glass doors, and dangerous stairs or pathways, Therefore, each guest agrees that he/she is voluntarily participating in any and all activities, risks, and use of the accommodations, and hereby assumes all risk of injury, illness, damage or loss to person and property that might result, including, without limitation, any loss or theft of personal property. By booking this condo, you acknowledge that in all events and circumstances, Tree Properties, LLC, its officers, members and the homeowner(s) shall not be liable. Tree Propeties, LLC reserves the right to cancel or rescind any rental agreement if it is found that the Guests are conducting unlawful activities, not abiding by the Home Owners Association House Rules, disturbing others by playing loud music, percussion, audio or instruments, or cause any loud or offensive noises, have made any misrepresentations about the nature or size of the group or use of the group or the use of the property or any other misrepresentations or any other way in breach of the rental agreement.
NOTICE OF ABSENCE: You must tell us in advance if you will be absent from the property for 5 days or more. If you do not give us this notice, you will have to pay for any damage that results from your absence.
HOLDOVER, ABANDONED POSSESSIONS AND SERVICE OF NOTICES: If you stay in the unit, without written permission, after the Rental Agreement has ended, you will be a holdover tenant and may be liable for twice rent under the Rental Agreement on a prorated daily basis for each day you are a holdover tenant. If you leave any personal property, which we determine to be of value, we must contact you by mailing a notice. After 20 days, if you do not respond, we may advertise the items for sale or donate them
to a charitable organization. If we have to give any notice to you, we can serve it to any occupant. By serving one of you, we have given notice to all of you. If we cannot deliver a notice to you, we may post the notice in a conspicuous place in or on the unit.
INSURANCE: You understand that our insurance does not cover your belongings or damage that you cause. You agree that we are not responsible for any loss or damage during the term of the rental agreement. You agree to carry insurance covering all of your property located in the unit or bear full responsibility for its damage including damage from fire, water, theft, or any cause.
CANCELLATION: A cancellation that is made more than 60 days before your scheduled arrival will result in a $200 administrative fee which shall be subtracted from your deposit, and your remaining deposit will be refunded. A cancellation within the 60-day period prior to check-in will result in a minimum administrative fee of $200. If you cancel within 60 days prior to scheduled arrival we will attempt to re-rent the villa for you. If we are able to do so at the same rate and time period you will receive a full refund less the $200 administrative fee. If we are unable to rent the villa you will forfeit the rent paid or due. If we are able to rent the villa for some but not all of the days of your rental we will give you a credit for the days rented.
REFUND: Refund of monies paid for rental and services will be made under the following circumstances: (1) If, on the day that the rental is scheduled to begin, the property is unfit for habitation and no equivalent substitute can be obtained, or the property is not reachable by the usual means of transportation, or access to the property by visitors has been prohibited by authorities; or (2) If a mistake is made and the villa has already been booked for the same time period. To protect against cancellations caused by certain unforeseen events, such as illness, death, natural disasters, etc., we recommend that guests purchase trip cancellation and Interruption Protection insurance to assure refund of deposits paid and reimbursement of other vacation payments. Such insurance is available through travel agents, auto clubs such as AAA, or online.
CASTASTROPHIC EVENTS & EMERGENCY EVACUATIONS: If a catastrophe (hurricane, tornado, earthquake, flood, etc.) or any situation simply beyond our control impairs the vacation rental, Tree Properties LLC is not responsible for finding alternate lodging for the renter or for the renter’s financial
losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR EMERGENCY EVACUATIONS. Whether you own property, run a business, or rent a condo in Hawaii, the threat of a hurricane, flood, or tsunami is always present during certain months of the year, and we all assume this risk. Therefore, we suggest you consider Travel Protection Insurance to secure your vacation investment and eliminate your financial risk. There will be no refunds of any kind for evacuations.
ACKNOWLEDGEMENT: We, the undersigned, hereby apply for the above listed accommodation and agree that we have read, understand and agree to the terms and conditions of this application, and we agree to abide by homeowners’/agents restrictions on use of said property. We further understand and agree that we are executing this application on behalf of all parties named on the guest list.