Terms and Conditions
**Tax not included in published nightly rates**
CHECK-IN/ CHECK-OUT TIMES: Check in time is after 3:00 PM and check out is before 11:00 AM. An early check-in or late check-out is available for a fee. All properties are non-smoking.
PAYMENT: Refundable Damage/ Reservation Deposit or Damage Insurance is required at the time of booking to hold the date for you. The Reservation Deposit will not be applied to the rent, and reverts to a Security Deposit upon arrival.
An Advance Payment of the 1st half (50%) of the balance due upon booking and will be applied toward the rent. A final payment (remaining 50% of the balance due) is due forty-five (45) days before your arrival date. Payments can be made by: Visa, MasterCard, Discover or Personal Check, if reservation is made 45 days prior to arrival.
Check payments mail directly to: Pacific Breeze Properties LLC, 77-6429 Kuakini Hwy, Suite C-104, Kailua-Kona, HI 96740
PAYMENT BY CHECK:
If payment of rent is made by a check that is dishonored by the bank for any reason, the Guest agrees to pay $35.00 for each dishonored check up to the maximum allowed by state law, and subsequent rent payments, at the Pacific Breeze Properties, option, will be in a guaranteed form of payment. If payments are made with credit cards, deposits shall be refunded to the credit card. There will be a $25 surcharge for splitting payments up between guests. Pacific Breeze Properties, utilizes a credit card clearing vendor, so fees may be applicable.
DEPOSIT RETURN: Deposit will be returned after inspection is made of the property, and within 14 days of departure. Charges for any damage will be deducted from deposit. The deposit is NOT applied towards rent; however, it is fully refundable within (14) days of departure, provided the following provisions are met.
a. No damage is done to unit(s) or its contents, beyond normal wear and tear.
b. No charges are incurred due to contraband or collection of rents or services rendered during the stay.
c. All debris, rubbish and discards are placed in trash cans, and soiled dishes are placed in the dishwasher.
d. All keys are left on the kitchen counter and unit is left locked.
e. All charges accrued during the stay are paid prior to departure.
f. No smoking has occurred in the unit. (Outside smoking is acceptable in designated areas).
g. No existing personal items or linens in the home are lost or damaged.
h. $40.00 per hour/per person, will be deducted for excessive cleaning, if/when applicable.
i. As a courtesy to other renters, please no early check-in or late departure without prior permission. Charges will apply.
FALSIFIED RESERVATIONS: Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.
CANCELATIONS: Cancelations (or acceptable changes) that are made more than ninety (90) days prior to the arrival date will incur no penalty. Cancelations that are made within 45-90 days of the arrival date (or changes resulting in a shortened stay) will forfeit half the advance payment and the reservation deposit (if applicable). Cancelations within 45 days of arrival date will forfeit the full payment and the reservation deposit (if applicable). No refund of rent will be made for early departures. Reservation deposits and rent payments will be refunded if reserved dates are booked, less processing fee of $150. Travel Insurance is highly recommended.
Reservation Prices do not Include:
Expenses and items not mentioned, including, but not limited to: transportation, tips for personal services, meals, insurance, telephone calls and other items of a personal nature.
Tenant hereby assumes all risk of damage to any and all personal property of Landlord and Tenant, including household furniture and goods during such use and occupancy. Tenant hereby assumes any and all risks associated with the foregoing and agrees to hold Landlord harmless from and indemnify Landlord against the same.
The property is a privately owned home and is not a Hotel. The Homeowners nor Pacific Breeze Properties LLC are not responsible for any accidents, injuries or illness that occurs to renters/guests/visitors while on the premises. The Homeowners nor Pacific Breeze Properties LLC are not responsible for the loss of personal belongings or valuables of the guest. Should you accidentally leave an item, we will do our best to reconnect it with you, at your shipping cost.
It is agreed that the Premises shall be used only for residential purposes, no animals and for no other purpose whatsoever.
Tenant in the possession, use and occupancy of the Premises agrees to observe and comply with all restrictions, laws and ordinances affecting the Premises or occupancy thereof.
Tenant further agrees that no use shall be made of the Premises, or acts done which will increase the existing rate of insurance upon the Premises, or will cause a cancelation of any insurance policy covering the Premises.
Smoking is not permitted in any residence. A $150 fee may be charged for ionization, if smoking in the property is detected.
The property is a privately owned home and is not a Hotel. The Homeowners nor Pacific Breeze Properties LLC are not responsible for any accidents, injuries or illness that occurs to renters/guests/visitors while on the premises. The Homeowners nor Pacific Breeze Properties are not responsible for the loss of personal belongings or valuables of the guest. Should you accidentally leave an item, we will do our best to reconnect it with you, at your shipping cost.
A start up amenities package provided for our Guests includes; new kitchen sponge, dish and hand soap, a limited supply of toilet paper, paper towels, some cleaning supplies and start up laundry detergent. Any supplies beyond the initial start up amenities package provided by Pacific Breeze Properties LLC. are to be supplied by the Guest. Grocery stores are conveniently located nearby. We offer grocery services for you prior to your arrival; please inquire with a reservationist.
NOT all properties have AC. Please be aware if your property has AC or not. If AC is present, please use conservatively to help keep the cost down so you can get a great rental rate next time! If the AC is left on excessively it is subject to freezing (damaging the unit) and or excessive condensation, which may leak into other units. This results in property damage. Please be mindful to turn AC off when gone or if not necessary.
Guests are NOT to store bicycles, scuba and diving gear, inflatable rafts, or water toys inside the units. These items can be stored on the Lanai or in one’s car. Towels and other gear are not to be draped over the railings or visible from any other properties in the complex. These are typical house rules that are strictly enforced by complex on-site management.
CABLE TV & INTERNET:
Cable TV is provided and service level has been chosen by the Landlord. High-speed wireless Internet is normally provided as a convenience only and is not integral to the agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to cable TV and Internet service. Please check with a reservationist for Internet availability and codes.
KEYS, REMOTE CONTROLS:
Keys to the premises are the exclusive property of Pacific Breeze Properties. There will be a minimum charge of $50 for replacement of each lost key and a $75 charge for lost remote controls. For replacement of pool key cards there is a $100 charge. This applies to Na Hale O' Keauhou Properties only.
ENTRY AND INSPECTION:
Pacific Breeze Properties LLC will have the right to enter the premises pursuant to State Law;
1) In case of emergency, without prior notice. (2) To make necessary repairs, alterations, improvements, supply necessary or agreed services. In case of repair that is not emergency related,Pacific Breeze Properties LLC will contact you for your permission to enter should you not be available at the time of repair. Repairs will wait for your permission or your departure. If a unit is for sale, you will never be asked to make your property available for show. It is Pacific Breeze Properties LLC's policy to never disturb guests.
The Guest will not violate any City, State, Association, or Federal Law in or about the premises, and the Guest agrees to comply. There will be no disturbing the peace or acts creating a nuisance or loud or unusual noises or intoxication in or about the premises at any time. Pacific Breeze Properties LLC does not allow wedding parties or parties with loud music, bands, DJ's etc.
Any exceptions to the above mentioned policies must be approved in writing in advance.
Each Party shall bear its own attorney fees and cost incurred in connection with the negotiation of this Agreement. In the event of any action or proceeding regarding this Agreement, the prevailing party, in addition to all other legal or equitable remedies possessed, shall be entitled to be reimbursed for all costs and expenses, including reasonable attorney fees, incurred by reason of such action or proceeding.
Renter accepts the premises in their present condition. Renter agrees to be fully responsible of said premises, while premises are in Renters care. Renter also agrees to abide by ‘House Rules’ sheet, as provided with rental Agreement. ‘House Rules’ are a minimum set of requirements, for the safety and enjoyment of the Renter during his/her stay on the premises. The ‘minimum requirements’ are meant as a guide, and not an ultimate set of rules. Renter shall use ‘best judgment’ in relation to the property at his/her possession and use property with ultimate caution. Renter agrees to and takes full responsibility of; ‘House Inventory’. Said ‘House Inventory’ are personal belongings or any items in the unit/home. Renter shall be cautious of Owner belongings. Renter agrees to not make any alterations, additions, repairs or improvements and/or any removal of owner personal property from the premises. The Renter also agrees to fully accept the liability of his/her negligence or any negligence caused by a family member or guest of the Renter. The Renter agrees to immediately notify owner if an infraction of the agreement occurs with regards to damage or personal items missing. The Renter agrees to pay Owner for any damage in excess of security deposits. Renter will pay any reasonable attorneys fees and court costs, if any, incurred by the Agent or Owner in enforcing this contract in court or otherwise to recover costs of damage.
The parties acknowledge that Renter will have a fiduciary duty to Agent and Owner and will have access and use the property during his/her occupancy as a renter. Renter shall protect, defend and indemnify Agent and Owner from any damages, demands, claims, causes of action, lawsuits, or injuries arising from or relating to his rental of the property or its operation, occupancy and/or use during the term of this Agreement. Agent and Owner will assume NO PERSONAL LIABILITY with respect to renter, family of renter, visitor (s) of renter, or anyone while Renter is occupying said property. In no event shall the Agent or Owner be liable to Renter for any consequential or indirect damages, injury, or pain and suffering incurred by renter in connection with the Rental of the specified premises. The use of stairways, balconies, pools, Koi ponds, Jacuzzis, showers, ocean, cliffs areas etc. as well as gas or electric appliances are at the renter, family of renter, or visitors own risk.
Pacific Breeze Properties LLC, will not be liable for any damages or injury to the Guest, or any other person, or to any property, occurring on the premises or any part, or in common areas. The Guest agrees to hold Pacific Breeze Properties LLC harmless from any claims for damages, regardless of how caused. The subject property may have located thereon a swimming pool, Jacuzzi or have ocean front access. Swimming pools and spas are inherently dangerous, especially to young children and the infirm. The following are prohibited; diving & scuba gear, running in pool area; glass containers in pool area, or on the lava beds; any children in or around the pool or the ocean without adult supervision. In consideration of the owner’s agreement to rent the subject property to the Guest, Guest agrees to strictly abide by the Pool and House Rules, use a standard of caution around the ocean and does further agree to indemnify, defend and hold harmless owner and Pacific Breeze Properties LLC from and against all claims, liability or loss that Guest may sustain from the use or operation of the swimming pool, Jacuzzi and the ocean by Guest and/or Guest’s invitees.
In that Pacific Breeze Properties LLC, does not personally own their rental properties (they are a third party management company) Pacific Breeze Properties LLC, shall be held harmless for all claims, liability or loss that guest may be sustained from use of any of their rental properties, including but not limited to if a property should no longer be available to rent for any reason out of their control (unbeknownst foreclosure or other previously known owner controlled decisions, acts of nature, etc.).
Pacific Breeze Properties LLC is diligent to have knowledge of such potential circumstances but we are not always privy to owners’ circumstances in advance of such occurrences. Should your property no longer be available you will be notified as soon as we are aware of such circumstances. Pacific Breeze Properties LLC will make a concerted effort to move your party to another property managed by Pacific Breeze Properties LLC, otherwise all rental monies will be returned to the Guest immediately.
TERMINATION OF TENANCY
Upon termination, the Guest will: (1) completely vacate and clean the premises and any parking or storage areas used by the Guest; (2) leave keys in unit, (3) leave remote controls and garage door openers in the unit, (4) leave all furnishings in the same condition as received (do not move furniture unless medically necessary and please let us know this has been done in advance). Pacific Breeze Properties LLC, reserves the right to immediately terminate the tenancy if the Guest violates any part of this agreement and risks a minimum $250 fine.
This Agreement contains the entire agreement and understanding of the Parties concerning its subject matter, and supersedes and replaces all prior negotiations, proposed agreements, and agreements written or oral. Each Party acknowledges that no other party, or agent or attorney of such other Party, has made any promise, representation, or warranty whatsoever, express or implied, not contained in this Agreement, to induce such Party to execute this Agreement. Each Party further acknowledges that such Party is not executing this Agreement in reliance on any promise, representation, or warranty not contained in this Agreement.
If any provision, section or other portion of this Agreement is determined by a court or other judicial or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, such illegal, invalid or unenforceable provision, section or other portion shall not affect the legality, validity and enforceability of any other section, provision or portion of this Agreement, and each such provision, section or other portion shall be enforced to the full extent permitted by applicable law.
CHOICE OF LAW
This Agreement shall be governed by the law of the State of Hawaii without regard to internal conflicts of laws.
In the event that either party is required to retain the services of any attorney to enforce or otherwise litigate or defend any matter or claim arising out of or in connection with this Agreement, then the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded or granted, its reasonable costs and expenses (including attorneys’ fees) incurred in the proceeding.
COMPLIANCE WITH LAW
Both parties agree to comply with all applicable federal, state, and local laws and regulations in performing their duties.
By acknowledging this agreement below you are thereby authorizing Pacific Breeze Properties LLC to include your address in our mailing lists, to inform you of special offers and opportunities. All notices, demands, or consents required or permitted under this Agreement will be in writing and will be delivered in person or by facsimile, mailed or emailed prior to stay. The service of any notice on one Guest will be deemed a service of all occupants on the premises.
Acknowledging this form indicates that you have carefully reviewed this contract and agree to accept its terms and conditions. I hereby accept the above assignment and subject myself to all the promises and covenants therein contained. I fully understand that this assignment binds me to comply with all the terms and provisions of this lease agreement.