Terms and Conditions for Homeaway reservations (Maui Vacation Properties)
Please read this Terms and Conditions for Homeaway reservations Agreement carefully. Any monies paid for occupancy of this property indicate the acceptance of the terms of this Agreement in full. Please be sure that you are comfortable with our terms, as all policies are strictly enforced. It is the responsibility of the Primary Tenant and members of their party to be familiar with all policies pertaining to this rental.
This Agreement is between:
a) you (the Primary Tenant), and
b) your guests listed on the guest register that will be emailed to you for completion following confirmation of this reservation (names/ages of all guests), and
c) the owner of this property, and
d) Maui Vacation Properties (Property Manager),
and is subject to the following terms and conditions.
Rental Term, Check-in and check-out
The rental term will be for the dates specified on this reservation request.
Check-in on arrival date is 3:00pm or later. Unless you have specifically arranged for an early arrival time, please do not arrive at the property before your scheduled check in time. There is a lot of work to be done for each arrival, and the crews need until 3pm to be sure that everything is ready for your stay.
Check-out on departure date is 10am or earlier. Should you and/or your guests fail to vacate the home on time (without prior approval), you will be charged a penalty of four nights at the nightly rate used on this reservation. It is important that you are packed and ready to depart at check-out time, as cleaning is required prior to any arrivals scheduled for that afternoon. If you have an evening flight, we encourage you to consider purchasing an extra night.
At check-out, please put all perishables and food items in the refrigerator, turn off all lights/fans, close all windows and louvers, and place all trash in the outdoor trash cans. Please lock all doors and leave keys inside. If the home has a lock box, please be certain that the entry key is in the lock box.
Use of Property
No commercial use of the property is permitted. This reservation is for quiet, residential vacation accommodation only. Children must be supervised by adults at all times.
Maximum occupancy for each of our homes is controlled by the permit restrictions legislated by Maui County, or a lower minimum set by the property owner. Each home has a maximum occupancy clearly shown in the HomeAway / VRBO advertising. We are unable to accept additional occupants, regardless of age. The premises shall be utilized by the Tenant and guests listed on the guest register only (emailed to you for completion following acceptance of this reservation). When completing the guest register, be sure to include all children, including infants. Please show ages for all occupants. Occupants not listed on the guest register CANNOT stay at the property. The rental permit with Maui County has strict occupancy limits, and we must adhere to these or be in jeopardy of losing the permit.
Your Arrival and Departure details
Flight times and contact information will be requested on the separate document emailed following acceptance of this reservation.
Services at this property
Owner shall provide the following: Yard care, pest control, water, electricity, telephone (excluding long distance charges, unless specifically stated otherwise), internet, and refuse disposal. PLEASE be energy considerate. Turn off lights, fans, TV, stereo etc. whenever you will be out of the house. If air conditioning is provided, do NOT leave it running when off the premises (energy in Hawaii is very expensive). Please run only a sufficient amount of time to cool the room. If your visit results in energy consumption in excess of 115% of normal usage, the excess will be deducted from your security deposit.
Guest cannot refuse service, or turn a service provider away (examples: gardeners, pool service).
Rates do NOT include daily maid service, out-cleaning fee, long distance telephone charges, excessive cleaning upon departure (ie. Upholstery shampooing, etc.) or Hawaii State and Transient Accommodation tax (you will see these taxes and the out-cleaning fee listed separately on your confirmation). Housekeeping, maid service, cooks or any other services requested or initiated by the Tenant shall be paid for by Tenant and not be the responsibility of the Owner, Manager, or Agents.
Cleaning, Supplies and Rubbish
The out-cleaning charge is a specified amount as shown on your invoice, based on the understanding that tenants will leave the home clean and tidy at departure including kitchen, bathrooms, laundry area (in the condition that they found it on arrival). Any extraordinary cleaning or laundry resulting from a guest’s visit will be deducted from any cash security deposits, or charged to the credit card authorized for payment of this reservation. Tenant agrees to keep the premises in a clean and sanitary condition, to exercise care regarding all furnishings and household items and to make no improvements or alterations. Tenant is advised NOT to move furniture, and NOT to take furniture cushions outside. BBQ must be left clean.
Mid stay cleaning is available at your expense, and we’re happy to arrange this for you. It’s a wonderful way to truly feel that you’re “on vacation”.
A starter pack of paper goods and soap will be provided. Unlike a hotel, we do not replenish these supplies, and you are responsible for your own supplies during your stay.
Please remove trash from the house at least daily and place in the outdoor trash cans. This will help to control the bug population (they love trash).
Vacation Rental Permit Conditions
This property has a vacation rental permit issued by the County of Maui, and is subject to the rules and restrictions imposed by the County for all permitted short term rental homes. Please understand that we would be unable to accept a rental that does not agree to abide by these rules. Violation of these conditions would be grounds for immediate eviction without refund, and would put the property in jeopardy of losing the vacation rental permit.
1. Use of the Property: Use of the property would be for the Tenant and guests listed on the Guest Register ONLY, and NO other friends or family can be invited to the property (Maui County’s vacation rental law).
2. Quiet Hours: Neighborhood approval is needed to operate as a short term rental. It is critical that we respect our neighbors peace and privacy. Please remember to observe quiet time 8pm to 9am. You are in a peaceful, residential neighborhood, and sound can carry easily to surrounding neighbors (even though they may seem far away).
3. NO parties, NO group gathering: Acceptance of this agreement confirms that you are aware that there can be no parties, no group entertaining, (required by the Maui County law).
4. Parking: There is parking on the property. Vehicles CANNOT be parked on the street at any time. When vehicles are on the street, there could be insufficient space for emergency vehicles, fire trucks, the trash truck or neighbors to get down the road.
Please notify us immediately of any damages to the home. Please do not try to hide any damages. With items such as stained linens, we have a much better chance of removing stains if we’re alerted immediately. We will make repairs as quickly as possible as we want you to have a wonderful vacation.
In the event of telephone tolls, damage, loss, soiling/staining or incidental charges in excess of any security deposit collected, the credit card used to confirm this reservation will be charged, and a copy of the charges sent to the tenant. Following acceptance of this reservation, a credit card authorization will be emailed to you for completion and signature.
Manager reserves the right to enter the unit to inspect, make repairs or provide supplies. This right will not be abused and every effort will be made to give you twenty-four hour notice. Appliances, television, internet, BBQ etc. are not guaranteed and refunds will not be given due to breakdown. Repairs shall be made as quickly as possible, and with as little inconvenience to the tenant as possible. Maui is considered an isolated island, and repair parts might not be immediately available.
No Smoking, No Drugs, No Pets
This is strictly a “NO SMOKING” rental. No smoking or incense burning is allowed inside the home, on the patio/deck, or elsewhere on the grounds.
Use of illegal drugs is strictly prohibited, and would be grounds for eviction without refund.
Pets are not allowed at the property. Many guests have allergies, and we want all guests to be comfortable and enjoy their visit.
Violation of these rules will result in immediate eviction without refund.
Loss or Theft, Abandoned items
Tenant and guests acknowledge that the home should be locked whenever they’re away from the property. All windows/doors should be locked at night. The owner or manager is NOT responsible for any loss of guest’s property as a result of theft or other damage caused by unauthorized entry to the home. Most homes are equipped with a hotel style safe. If this applies, please be sure to make use of it for any valuables.
Manager is not responsible for abandoned items.
Property Specific Details
Following confirmation of this reservation, a separate rental agreement will be emailed to you for completion. This will include property specific details as well as the Guest Register.
General rules and info (detailed house rules are posted in the home)
- There is a charge of $75 per key/remote for any keys or remotes NOT returned.
- Air conditioning, spa jets, spa heater, (where any of these may be provided), must be turned off when not in residence or when not in use, unless otherwise directed.
- Fireworks, drumming, outdoor amplified music, events, weddings, commercial activities including video production or photo shoots, and any other behavior on the premises which may be contrary to local and federal laws, house rules, or community association rules, are prohibited.
- Tenant will not use the property in any way that adversely affects neighbors, including but not limited to audible late night activity, on-street parking, or riding motorcycles into the neighborhood.
- If Tenant installs parental TV controls or modifies any device or moves furnishings or decorations, all changes must be restored prior to departure.
- Tenants will not disturb Owner’s personal effects stored on property.
- Tenants shall avoid walking on floors or sitting on furniture if wet or without removing sand and sun products.
- Maui’s volcanic soil (red dirt) stains all types of flooring, carpeting, linens, clothing and upholstery.
- Tenant is responsible for all damages or losses resulting from Tenant’s use of the premises during this term, with the exception of pre-existing defects and ordinary wear and tear and soiling.
Hawaii is Paradise, but there are hazards you need to be aware of
All beaches and shorelines in Hawaii are public. The public has rights of access to the beach and shoreline between the water and the vegetation line. Tenant must exercise caution and respect for Hawaiian waves, water and reefs. Use of public shoreline and ocean areas is solely up to the discretion of tenant and tenant invitees.
Tenants must comply with evacuation orders issued by local authorities. Ocean waves, undertow, currents, rip tides, and sea creatures vary from area to area, and minute by minute, and always present a risk. Always consult with county lifeguards if in doubt. Hawaii‘s natural environment contains numerous varied hazards, not all of which can be disclosed in this Agreement. Examples include periodic heavy rains which cause flash floods, dangerous freak waves, waves breaking directly on-shore, and submerged coral or lava rocks in swimming areas, which may not visible from the water surface. Hawaii also experiences unpredictable weather with varied microclimates. Strong winds, rain, cloudy skies, choppy seas are possible at any time. It is possible to suffer severe sunburn under clouds. Hawaii can have warm humid tropical weather.
Despite diligent pest control programs all dwellings may experience insects and bugs. Very rarely, you may encounter a toxic insect. Gecko lizards (found everywhere!) eat bad bugs and should not be harmed.
Hawaii has a fragile infrastructure due to weather and arguably under-funded public facilities. In keeping with “island style living”, it is possible to experience temporary power outages or power surges, and phone, cable or water supply interruptions, none of which shall negate this Agreement.
Cancellation and Refunds
Cancellation of this reservation will result in a cancellation fee. If cancellation occurs PRIOR to sixty days before arrival, there is a two night cancellation fee. If cancellation occurs WITHIN sixty days of arrival date, all rental payments will be forfeited, unless the space is re-rented. If your unit is re-booked for the same period, a full refund (less a two night cancellation fee) will be made. If a portion of your time is re-booked, a pro-rata portion of the rental payments will be refunded (less a two night cancellation fee).
Manager reserves the right to cancel this reservation should the property be removed from the vacation rental market. If this is the case, a full refund will be issued, and every effort will be made to locate a suitable replacement property.
This reservation may be canceled by the manager in the event of a natural disaster, damage due to fire, water damages, or failure of prior guest to vacate as scheduled. Liability shall be limited to the amount of monies paid to date on the account. Owner or Manager shall not be liable for other expenses incurred such as plane tickets, rental car etc.
Prior to arrival: In the event of travel restrictions that are in place at the order of government agencies at the time of your scheduled visit, you will be able to change your dates to come at a future time.
During your visit: In the event of a hurricane or other cause of mandatory evacuation during tenant’s stay, there will be a refund for the days tenant could not be accommodated.
TRIP CANCELLATION INSURANCE is available from many providers, and we encourage you to explore insurance to ensure a refund in the event of cancellation.
Tenant acknowledges that no life guard or life guard service is available at most Maui beaches, and therefore, use of the shoreline and ocean areas is undertaken at the sole risk and responsibility of the tenant or any of the tenant’s invitees. The tenants understand that entering and swimming in the ocean can be hazardous under any conditions and may cause serious bodily injury and sometimes death.
Under no circumstances shall Maui Vacation Properties, (including their employees, managers, agents), or the owner(s) of the property be responsible for any loss, expense, damages, claims, injury or death, as a result of allowing entry to the premises, rendering of services and providing of accommodations. Tenant agrees to assume the risk and be responsible for any and all damages, losses and injuries.
Tenant understands and agrees that Owner/Manager would not accept this reservation unless Tenant expressly and knowingly assumes all risk, responsibility and liability for Tenant and/or Tenant guest decisions, actions and personal safety, even in the absence of further disclosures, instructions, house rules or warnings. Tenant agrees to release to the fullest extent allowed by law, Owner and its Management, members, officers, associates, employees, agents, representatives, attorneys, assigns, and affiliates (collectively, the Affiliates) from all liability or responsibility of any kind whatsoever for any personal injury, death, property damage or other loss sustained by Tenant and any guest identified on the Guest register, or any guest or person allowed onto the property during my rental dates as a result of my, or my guests participation in a visit to the home, due to any cause whatsoever, including without limitation negligence on the part of Owner or Management. I understand that this release will bind my heirs, administrators, executors, and any other person or entity seeking to claim under or through me.This Agreement is not intended as a full list of all possible risks.
Breach of Agreement
If Tenant or tenant guests are in breach of this agreement, they will be evicted immediately, and forfeit any right to return of any monies collected.
This Agreement is NOT assignable by the Tenant, nor may Tenant sublease these premises
Tenant acknowledges that he/she has read, and understands and agrees to the terms and conditions of this agreement, and agrees to abide by all stated restrictions on use of the property. Tenant understands that he/she is executing this agreement on behalf of all persons renting.
This is a legal document and should be read carefully.