Aloha and Mahalo for choosing Venture Sotheby’s International Realty (VSIR) for your vacation stay on our beautiful island of Hawai’i! Our goal is to make your vacation as enjoyable and worry-free as possible.
THIS VACATION RENTAL AGREEMENT IS A LEGALLY BINDING CONTRACT. PLEASE READ ALL PROVISIONS AND ATTACHMENTS CAREFULLY.
The Reservationist must be provided the names and ages of all Guests staying at the contracted vacation rental. Additional Guests, whether adults, children, or babies put additional stress on rentals and accommodations. Any Guest violating and exceeding the number of Guests contracted shall be assessed a fee of 1.5 times the $10 per day extra Guest fee per extra Guest. All Agreements must be in writing. Written confirmation must be given by the Reservationist for additional members in your party. Primary Guest must provide complete information requested. Incomplete or inaccurate information may void this Agreement. No transfers are permitted without the express written permission of your Reservationist.
Guest(s) are responsible for the safety and behavior of their children, or any invitees of Guest(s).
Any guest under 25 years old must be accompanied by a parent or guardian. Reservations made under false pretenses will result in immediate cancellation of the rental, forfeiture of all payments, and guests will be asked to vacate the rental property immediately. Guests are not allowed to organize events (reunions, weddings, receptions, graduations, or other similar events) on/in the property. Guest acknowledges that he/she will occupy the property for the lease period and will not permit anyone else to occupy any portion of the property during the lease period. Guest agrees that the premises and common areas shall not be used for any illegal or unlawful purpose. Occupancy and use of the premises and common areas in a manner that disturbs or offends other guests/residents shall be deemed grounds for cancellation of the rental agreement. VSIR/Owner does not allow house parties in any rental property.
Disorderly or Unlawful Activities
Guest agrees that no unlawful activity shall be permitted within or without the premises at any time. This shall include excessive noise or disorderly conduct by any person or invitee of the Guest or their Guests. No illegal firearms, fireworks, or explosives of any kind are permitted on or near the property, and that all rules and regulations of the Association or strictly adhered to. Guest understands that they may not sublet or assign this Agreement under any circumstances.
Initial deposits are due upon booking. The initial deposit plus travel insurance if you accept coverage, is automatically charged on your credit card upon booking. In the event the Initial Payment is not received, VSIR reserves the right to cancel the reservation with no further notice to Guest. VSIR retains the right to retain the Initial Payment or a portion thereof in the event of cancellation. **THE NAME ON THE RESERVATION MUST MATCH THE NAME ON THE CREDIT CARD GIVEN FOR PAYMENT.
If no other payment is received prior to the final balance due date, we will automatically run the balance on the credit card on file. If you wish to arrange another form of payment, you MUST contact your Reservationist BEFORE the due date. The credit card must have an expiration date that extends beyond your stay. Guest is required to provide a Visa, MasterCard, or Discover Card regardless of how they are paying for the reservation in order to complete the booking. VSIR does NOT accept American Express. The balance including taxes and cleaning is due 60 days prior to your arrival date (or immediately if booked less than 60 days prior to your arrival date) and will be automatically deducted from your credit card at that time. All rates and terms are subject to change. Reservations become firm within 24 hours, and any changes beyond that period require a $50 change fee. Cancellations outside of 60 days prior to arrival are subject to the Venture Reservation Fee and processing fees.
Guest understands that they are responsible for all internet activity, where applicable, and agree that no illegal, or copyrighted materials may be downloaded. Guest further understands that no refunds will be given for internet connectivity issues. VSIR has no control over third-party internet providers, whether by the Owner’s contracted service or any association internet provider. Should internet service not be available as described in the VSIR unit information, Reservationist will make every effort to restore any lost service, if possible.
Travel Insurance / Hurricanes and Natural Disasters
Guest understands that there are no refunds due to inclement weather, including hurricanes, floods, earthquakes, or any natural disaster that may occur. VSIR shall not be liable for events that may interfere with Guest(s) scheduled occupancy, including but not limited to acts of government agencies, fire, strikes, terrorism, or war. VSIR strongly recommends that Guest(s) purchase travel insurance to cover any potential and unforeseen circumstances. Please ask your Reservationist for assistance with any Travel Insurance needs. Please keep in mind that Travel Insurance companies typically require insurance to be purchased 60-days prior to arrival (or immediately if booked less than 60 days prior to your arrival date).
House Rules and Damages
Upon arrival, Guests should inspect the property and report any noticeable issues as soon as possible. All damages, outside what is deemed normal wear and tear, must be reported prior to your departure. Guest(s) agree(s) to be responsible for soiling or stains, and any damages beyond reasonable wear and tear, and shall compensate the owner for damages by you or any person in your party or visitors you invite into the unit. Should Venture Sotheby’s International Realty deem the damage to be intentional the Guest will be held responsible for the repair, replacement, and/or cleaning. Guest further agrees to abide by all House Rules and Laws wherever the property is located.
Hawaii State Law prohibits smoking in all public areas, including public beaches. Please be aware that there is a strict No Smoking policy within the Unit or on the Lanai. Smoking is allowed ONLY in the designated Smoking Area(s) as specified for your particular rental. Guest agrees that the actual cost for smoke removal can be greater than $1,000, and will be charged in the same manner as damage charges if this rule is violated.
Condition of Rental Unit
Guest agrees that all furnishings and amenities will be left in the same condition as when Guest(s) arrived. Any unusual conditions or broken items must be reported immediately. All items and décor are privately owned and provided for Guest(s) use and enjoyment. Please respect the property as you would your own. DO NOT REARRANGE FURNISHINGS OR LEAVE ANY FURNISHINGS OUTDOORS (EXCLUDING DECK FURNITURE. INCLEMENT WEATHER MAY CAUSE DAMAGE TO FURNITURE.)
If for any reason furniture is moved, it must be replaced prior to departure. In the event that furniture must be moved by staff, the Guest will be charged a minimum of $100 and $50 per hour thereafter in order to ensure that the rental is in good and orderly condition. These fees do not include any replacement cost for lost or broken items. Guest will be charged the replacement cost of any item lost or damaged and $50 per hour for staff time for damage mitigation and travel time.
Security Damage Waiver Fee
As part of our effort to help you relax and enjoy your stay, we have partnered with Safely.com to provide you with the below protection. The cost of this protection has been included in your rental rate and fees and covers you for accidental damages during your stay.
The SafelyStay, Inc. Trust and Safety Fee includes accidental coverage for contents and property damage. Complete terms regarding the Trust and Safety coverage can be found at http://safely.com/venturehawaiirentals. The Trust and Safety Fee is refundable only if the reservation is canceled in writing at least twenty-four (24) hours prior to the arrival date. Any deductible or minimum claim amount will be the responsibility of the Guest and Venture Sotheby's International Realty will process using the form of payment on file for Guest. Guest is wholly responsible for intentional property damage per VSIR Rental Agreement.
Excessive Cleaning Fees
A departure cleaning fee is charged to each reservation. The fee is dependent upon the size of the unit and the number of Guests. Additional cleaning services are available should the Guest wish to have mid-stay or periodic cleaning. These services can be arranged with the Vacation Rental Department or your Reservationist. Please contact your Reservationist to arrange additional cleaning or concierge services, if desired. Prior to departure Guest should remove all trash from the premises, run the garbage disposal; wash all dirty dishes or place them in the dishwasher and run it prior to departure. Additional cleaning fees may be assessed if additional manpower is necessary to bring the unit to its original condition when the lease commenced.
Key Return - Lock-Outs and Lost Keys
When checking out please make sure that the unit is locked and keys (if any) are returned to and secured in the lockbox. Some properties have amenity and access cards that are to stay with the property, there will be a replacement charge to your account in the event that amenity/access keys need to be replaced. We highly recommend that keys stay in the lockbox at all times and access codes are memorized or saved on a device kept with you at all times as there is a fee for lockouts. In the event of a lockout, a locksmith will be called, and you will be required to pay the locksmith on site.
Lost and Found Items
Neither VSIR nor the Property Owner shall be responsible for any articles lost, stolen, or left behind in the rental unit. A $50.00 handling fee, plus postage, will be assessed for all lost & found items that have been recovered and returned to the Guest. Fees may be charged to a credit card or paid by check prior to the return of the items.
Repairs and Service Calls
We cannot provide guarantees that equipment breakdowns will not occur. Please report any problems immediately to our Vacation Rental Department or the Reservationist so that the repair may be done in a timely manner. In the event of a breakdown, Reservationist will use commercially reasonable efforts to remedy the situation as soon as possible after notification of the breakdown. Any breakdown will not constitute a breach of this Agreement nor give the Guest the right to any refund or rental adjustments. All reasonable efforts will be made for any breakdown or mechanical failure. Should a maintenance specialist make a call to a unit and find that the equipment is in working order and the problem was due to Guest oversight or neglect, all charges for the service call will be charged to the Guest.
Blue Information Binders
Venture Sotheby’s International Realty Rental Department has provided a blue information binder in the unit with House Rules and general information about the complex, or home you have rented. If no VSIR Blue Binder is present in the unit please let your Reservationist know immediately so a replacement binder or email instructions can be provided. Please read all instructions thoroughly to familiarize yourself, and others in your party, with the procedures in operating equipment or items at your particular rental.
Please check the amenities list on VSIR Website to ensure the amenities you require are listed. We only list the items included in the home. We do not list items NOT in the home. If you require them, please check to see if these items are on the list: Air Conditioning (many homes in Hawaii do not have AC), Bed Configuration, Bath or Shower configuration, pools (most pools are not heated in Hawaii), those pools that are heated may be heated with solar which does not work when its cloudy, Spas and plunge pools may not be heated, ADA compliant, elevators, main floor access, some complexes are located on a slope, and you will enter down one flight of stairs, etc. We list the items that are included, if the amenity is not listed- it is not there. Many of our homes do not have AC, and if the home has AC please ensure that it meets your requirements (some air Central, some are window units, some are ductless, some are portable). We are unable to accommodate a move to another property based on amenities not on property.
Specific Accommodations Requirements
The property is a privately owned home or condominium and may not have been designed to accommodate for ADA compliance. In the event that any Guest(s) has Specific Accommodations Requirements, please let your Reservationist know so that VSIR can ensure that the unit can accommodate or assist in finding the proper services required.
No pets, 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. As with any guest, if additional cleaning is required over and above the normal cleaning requirements, the additional costs will be paid by the guest. Please see Hawaii's law regarding service animals, SB2461. VSIR must be advised in advance of commencement of the reservation of any service animal that will be on the premises, and appropriate documentation from a doctor is required. Policies vary at each property and are available upon request.
HAWAII COUNTY ORDINANCE 114-18. COMPLIANCE: We are committed to the Good Neighbor Policy. Non-compliance of any of the below resulting in a neighbor complaint will be subject to Eviction. If Eviction is necessary, no refund will be given.
Quiet Hours shall be from 9:00 p.m. and 8:00 a.m., during which time the noise from the Short-Term Vacation Rental shall not unreasonably disturb adjacent neighbors. Sound that is audible beyond the property boundaries during non-quiet hours shall not be more excessive than would be otherwise associated with a residential area. Please be mindful of our neighbors during your stay. Our property’s quiet hours are from 9 pm to 8 am daily. Parking is restricted. We care a lot about maintaining good relationships with our community, so we appreciate you following our house rules during your stay. We are committed to the Rent Responsibly standards.
Sale or Transfer of Rental Property
On rare occasions, an Owner may sell or transfer their property. Every effort will be made to inform Guest(s) of pending transfers, if known, prior to Guest booking or arrival. The Rental Department will make every effort to transfer Guest(s) to an equal or similar unit and shall inform the Guest(s) as soon as reasonably possible.
Check-in 3:00 PM Hawaii Standard Time on the day of arrival. Early check-in may be requested, however, please understand that an early check-in may not be possible. Please keep in mind that early check-in is unlikely during our busy season and during holidays. Your Reservationist will do their best to accommodate early check-in requests but cannot be guaranteed.
Check-out time is 10:00 AM on the departure date. If you are in the property after check-out time there will be a charge equal to ½ one night’s rent plus tax assessed.
Changes and Cancellation Policy
Final payment is due 60 days prior to the reservation arrival date. Rental payments (less Venture Service Fee, Credit Card Surcharges, and County/State taxes resulting from such) are fully refundable up until 60 days prior to the reservation arrival date. Failure to make the final payment prior to the due date will result in the Reservationist having the right to cancel this reservation. After the due date, all monies received are forfeited if a cancellation request is received less than 60 days prior to your arrival date. Under no circumstances shall Guest be able to determine if a rental unit is unfit for habitation. THERE ARE NO REFUNDS OR CREDITS FOR EARLY DEPARTURE.
Late payments and any chargebacks over 30 days past due will be turned over to our collection agency and credit bureau reporting. Tenant agrees to pay all reasonable attorneys' fees and collection costs and expenses associated with the enforcement of this debt to the fullest extent permitted by applicable law. In the event of a rental unit becoming uninhabitable prior to the rental period beyond the control of VSIR, or in the event of an error in reservation procedure or change in ownership of the premises which precluded occupancy by the Guest(s), VSIR reserves the right to effect appropriate corrective action without loss to VSIR. Liability to Property Owner and VSIR is limited to rental monies paid by Guest. Notification of such corrective action will be provided to Guest at the earliest possible time. Guest understands that in the event a unit becomes unavailable for any reason outside of the control of the Reservationist, VSIR reserves the right to relocate the Guest(s) to an alternate property managed by VSIR. The Reservationist shall make every reasonable effort to ensure that the replacement property is comparable to the original rented property. The Reservationist shall have the sole discretion to select the replacement property. In such an event, the Guest has the option to: (1) accept the replacement property and pay any additional monies that are owed, as the case may be, or (2) reject the replacement property and receive a refund of all rental fees paid for the original property. Guest understands and agrees that any choice of the above remedy will be at the discretion of the Guest and shall be at their choice. VSIR will not be liable for any inconvenience arising out of relocation as defined herein, and VSIR shall not be liable for any damages or liability or any inconvenience from Guest(s) relocation. Guest understands that there is no guarantee that properties adjacent to their rental unit and/or within a resort will be free from disturbances, including but not limited to noise or inconvenience from construction, traffic, or other Guests or neighbors. Any such disturbance shall not constitute a breach of this Agreement nor give the Guest any right to a refund or adjustment of the rental fees. Although VSIR attempts to inform Guest of any known conditions at the time of booking or prior to arrival, we are unable to control such factors. Please be aware that the beach size in Hawaii may vary from month to month due to our heavy surf, strong currents, and high & low tides. Due to Hawai’i’s rural atmosphere, you may experience the occasional rooster, as well as harmless geckos. Geckos are friendly, eat insects, and are considered good luck in Hawaii. VSIR makes every effort to ensure that our Guests' stay is safe, comfortable, and enjoyable. The Reservation Agent, nor VSIR can guarantee that the Guest’s vacation stay will be flawless nor that the Property and its amenities are in perfect condition during Guests' stay. VSIR takes great care in ensuring that managed properties are clean and pest-free. VSIR uses only bonded and certified professional cleaning companies. Any cleaning items missed, VSIR will make sure the professional cleaning company comes back out as soon as possible to remedy. Although the owners hire professional pest control services, pests such as ants, roaches, and rodents simply cannot be completely controlled in the tropics. Hawaii is a tropical climate, and bugs and pests are a natural occurrence especially with all the open-air conditions. Should you encounter a pest problem, please call us and we will be happy to address the situation. Guest shall give the Reservationist twenty-four (24) hours to address any allegations of any significant bugs or pests are in the rental. To make a claim for refund or discount, the Guest will need a third-party opinion letter within 48 hours from a pest control company not staying in the rental, or connected to the Guest, and who has physically witnessed the issue in the specific unit.
Errors and Omissions
All information is deemed reliable but not guaranteed. VSIR is not responsible for errors, omissions.
Service (repairs) Management: