Terms & Conditions

You Know, The Fun Stuff...

IMMINENT ARRIVAL AND CANCELLATION POLICY:  All reservations made within 60 days of arrival will be charged in full to guest credit card provided at the time of booking.  We offer a 100% refund (less a $150 processing fee) for cancellations made 61 days or more before check-in date; 50% refund for cancellations made 31 - 60 days before check-in date.  There are no refunds for cancellations made within 30 days of check-in.

TENANT DUTIES:  Tenant agrees to reimburse the Owner for any damage to the Premises caused by Tenant, Guests, or Invitees that is in excess of the security deposit.  Damages shall include reasonable attorney fees and court costs incurred by Agent or Owner in the enforcement of this agreement.

Tenant shall be responsible for, and assumes liability for, all damages, defacement, or removal of property inside the Premises that is in Tenant's control unless the damage, defacement, or removal is due to ordinary wear and tear, acts of the Owner or Agent, defective products supplied or repairs authorized by the Owner, acts of third parties not invitees or the Tenant, or natural forces.  All breakage and property damage during Tenant's occupancy shall be reported to Agent by Tenant prior to check-out.  Tenant will be notified in writing concerning the application and use of security deposit funds.

Guest will be responsible for all repair or replacement costs if:  guest fails to report damage to Kokua Realty, LLC.; guest fails to return keys, pool keys/cards, parking passes, or garage door openers as required; the terms of the rental agreement have been violated; damage as the result of moving furniture from its original location; damage done in a deliberate act by the guest or invitees of the guest; damage is the result of unauthorized entry into the owner's locked closet, smoking in the unit, or unauthorized pets in the unit; excessive cleaning is needed at check-out; parking violations resulting in a fine assessed to guest or property owner; fines resulting from violation of rental manager's policies, Home Owner Association Policies, or any laws.  Theft and loss of use of the rental property are not covered expenses.

ACCESS TO PREMISES:  Owner or Agent may enter premises for the following reasons:

Assessing damages or malfunctions, to perform repairs and/or maintenance, to supply agreed upon services including but not limited to pest control, if the unit is for sale, or in case of emergency.   We reserve the right to enter the property any time for the purpose of safekeeping and/or prevention of further damage. We will attempt to notify guests prior to entry.

CANCELLATION POLICY I REFUNDS:   All reservations made within 60 days of arrival will be charged in full to guest credit card provided at the time of booking.  We offer a 100% refund (less a $150 processing fee) for cancellations made 61 days or more before check-in date; 50% refund for cancellations made 31 - 60 days before check-in date.  There are no refunds for cancellations made within 30 days of check-in. Any interruption of services within the property or inclement weather during your stay will not serve to void or cancel the rental agreement.

CHECK-IN:             3:00 PM unless otherwise arranged (fee may be assessed)

CHECK-OUT:          11:00 AM unless otherwise arranged (fee may be assessed)

CHECK-OUT PROCEDURES:   Upon departure, the property should be left in the same clean condition as found upon check-in.  Please perform the following prior to check-out:

  • • Rinse dirty dishes and put in the dishwasher.
  • • Remove trash from kitchen and put in the outside trash container. Turn off lights, fans, and air conditioning.
  • • Shut all windows, louvers and lock all doors.
  • • Leave keys where you found them upon check-in, or return them to office as required.
  • • Leave no more than one set of towels per person and one set of sheets per bed for laundering.

CLEANING: The cleaning fee is mandatory and non-refundable.  Mid-stay cleaning(s) may be required for extended rent periods at Guest(s) expense.   Housekeeping service is not included (unless otherwise stated).  If you would like additional housekeeping, it can be arranged at an additional cost.  Cleaning fees are subject to change. The cleaning fee includes laundering one set of sheets per bed and one set of towels per guest.  You are welcome to use the fresh sheets/towels available, but please launder and replace the used ones or you may be assessed an excess laundry fee of $15/load.  Guest(s) staying in houses must remove trash to the street once a week.  The trash pick-up occurs early in the morning. Please place trash can on curb the evening prior to pick-up.  Trash cans must be brought in following the pick-up.

CONDITION OF PREMISES:  The property and contents are privately owned; property is rented with Owner's furnishings.  KOKUA REALTY, LLC will not be responsible for providing additional furnishings or equipment.  No items belonging to the Owner shall be removed from the property.  Should any equipment be out of order (including but not limited to hot tubs, washing machine, etc), Agent will undertake reasonable efforts to remediate reported problems during normal business hours, Monday-Friday 8:00a.m. To 5:00p.m. Please keep in mind that being on a remote island can often delay (unlike the mainland) the receiving of parts and repairs.  There will be no refunds for such inconvenience.   Guest authorizes KOKUA REALTY, LLC or property Owner to repair damages or losses caused by Guest or invitees of Guest, at the expense of Guest.  Guest are required to notify us of any defects or problems associated with the property immediately including but not limited to, appliances, audio/visual equipment, furnishings, hot tubs, pools, etc.  IMPORTANT NOTE: Please be careful with items that you put down the garbage disposal.  Absolutely no pineapple rinds, please!!  Also, please do not turn the dial on the refrigerator colder than the recommended setting.  Doing so may cause the appliance to shut down.  Do not move the furniture.  It may cause damage to the property.

DISCLOSURE & INDEMNITY:   For purposes of the Disclosure & Indemnity, the following definitions shall apply:  Premises refers to the real property, its contents and related amenities rented to the Guest(s) pursuant to this Rental Agreement; Guest(s) or Tenant(s) refers to the person or persons occupying the Premises, including member of Guest(s) family and any and all guests and invitees thereof; Owner refers to the legal owner(s) of the Premises. Guest(s) acknowledges (if applicable to property rented) the existence and dangers associated with but not limited to; hot tubs, BBQ, pool, sauna, gym (workout facility) and equipment, ocean, beach, golf course, bluffs, lofts and ladders.  In light of the foregoing, Guest(s) agrees to indemnify and hold harmless Owner, its employees and KOKUA REALTY, LLC and other agents from and against any loss, liability, damage or expense (including legal fees and costs) which Guest(s) may suffer, sustain, or become subject to as a result of, or in connection with, any injuring arising from or related to Guest's use of any of the above mentioned.

DISCLAIMER: We are not held responsible for any noise pollution including construction outside the perimeter of the property.  All information deemed reliable but not guaranteed.  Any breach of contract can cause immediate cancellation and forfeit of funds.

DISPUTE RESOLUTION:   Any dispute must be governed by the laws of the State of Hawaii.  In addition, disputes must be resolved in the jurisdiction of courts in the State of Hawaii (unless stated otherwise in property rental terms or at owner/agent requests).

ENERGY CONSERVATION: Please be energy conscious by turning off lights, fans, air conditioning, TV's, radios, etc. when leaving the unit.  Also, please use laundry facilities sensibly and with consideration.  Hawaii's energy costs are some of the highest in the nation.

ENVIRONMENTAL DISCLOSURE:  Guest(s) hereby acknowledges the State of Hawaii is exposed to such environmental hazards including, but not limited to Tidal Wave/Tsunami, Hurricane and Flood.  Please refer to the local phone book regarding inundation area and evacuation instructions should a threat occur.  Because we are in the Tropics, you may encounter geckos and other pests.  Our properties are treated regularly for pest control maintenance; however, pests are a normal part of life in the tropics.  Neighbors of the subject property may also use pesticides and chemicals that may affect a person who is sensitive to pesticides and other chemicals.  Every person reacts differently to various pesticides, chemicals, and molds.  Some homes may be more prone to mold than others.  If Guest(s) are sensitive to pesticides, chemicals, or mold, Guest(s) are urged to investigate this issue of possible health or safety prior to arrival.

LATE CHECK-OUT POLICY & FEES:  Should you wish to stay in the unit beyond the 11 a.m. check-out, please inquire immediately.  Late check-outs are subject to approval and are not guaranteed.  The late check-out fee is a half night's rent, plus tax.  Late Check-Out:  After 11 a.m. but before 11:59pm.  An Overstay Fee of one night's rent, plus tax, will be assessed if a Late Check-Out has not been approved.

LOST KEYS AND PARKING PASSES:  I understand that there is a $50 replacement charge for a lost (or unreturned) pool key, door key or parking pass.  The fee for a lost or unreturned garage door opener is $150.  Returning any of these items by mail does not preclude Guest from incurring replacement fees as mail delivery is an insufficient remedy. Please Note: Most of our properties use a keyless entry system; a door key is not typically issued to guests. Some properties will also have a keyless entry code for the pools.  You will receive the code to the door and pool with your final reservation documents once your booking is paid in full.

MULTIPLE PROPERTY BOOKINGS:  Because all properties are individually owned, we kindly request that you do not take items to other units from your rental or accept items brought to your rental from other properties.  This includes, but is not limited to beach towels, linens, lawn furniture, kitchen dishes, glasses, cups, kitchen utensils, etc. The owners wish to have their own items in their own unit.  It can become costly to replace these items (and this may incur an additional fee charge to your credit card).

NEIGHBORHOOD CONSTRUCTION: We are not responsible for any unforeseen construction noise or other inconvenience out of our control that may occur during your stay.  No refunds will be given.

NO ASSIGNMENT: This unit cannot be sublet or assigned to others.  Over-crowding or misrepresentation is grounds for immediate eviction without refund.

NON-LIABILITY AND INDEMNIFICATION OF OWNER AND AGENT:  KOKUA REALTY, LLC and Owner are held harmless and will not be held liable or responsible for any disasters, acts of God, accident, illness or unforeseen event that may affect the vacation rental.  Guest(s) agree to hold harmless and indemnify the Owner and Agent from any and all costs, expenses, legal proceedings, legal fees, suits, claims, or demands, whether from loss of life or injury to Guest(s) and/or invitees of Guest.

Guest(s) accepts responsibility for the acts of his/her children and visitors.  KOKUA REALTY, LLC and Owner are not responsible for articles lost, stolen, or left behind in the unit and are not liable for any damages to persons or their property while at the rental property.

KOKUA REALTY, LLC acts as an Agent for the Owner; Owner’s discretion prevails.  If KOKUA REALTY, LLC cooperates with another agency in securing the rental, we will not be held responsible for their course of action.

If the property is near a golf course you assume the risk of being hit by a golf ball and will not hold the property Owner or KOKUA REALTY, LLC liable.

OCCUPANCY: Only members of the rental party may stay at the property.  All members of the rental party must be listed on the first page of this agreement.  Please note that infants and children of all ages count as a Guest(s).  Guest(s) must immediately notify Agent by phone and in writing if the number of occupants changes. Additional Charges may apply.  The premises shall be used for residential vacation rental purposes only.  Special events such as parties, receptions, etc., shall not be allowed without the express written consent of Agent.  You shall not use the property for film making, photo shoots or other commercial use, nor for unlawful, improper, or offensive use.

PAYMENT: Full payment is due no later than 60 days prior to check-in.  Reservations not paid in full by the final due date shall be subject to cancellation and forfeiture of funds.  If a reservation is made within 60 days of the reservation check-in date, full payment is required at time of reservation.

PETS:  Pets are not allowed in the home or on the property.

RETURNED CHECKS:  If any portion of Guest's payment is not honored by the bank, Agent reserves the right to require payment to be made by wire transfer, certified check, money order, or credit card, or to cancel the Guest's reservation.  In addition, the Guest must pay a $35 NSF service charge.

RISKS ASSOCIATED WITH THE OCEAN: There are certain inherent risks to persons and property as occupants of property located near the ocean, including but not limited to damages to person or property from high surf conditions and drowning.  Guest(s) acknowledges that the Owner would not rent the property unless the Guest(s) fully accepts the risks associated with the property and its location.

RULES, REGULATIONS, AND LAWS: Guest(s) will take all reasonable steps to assure that property occupants adhere to the Rules, Regulations, and Laws that affect the property, Homeowner’s Association, KOKUA REALTY, LLC and the State of Hawaii.  Guest(s) shall not permit any use of pools or hot tubs by Guest(s) affected by drugs or alcohol or unsupervised children.  All pool gates should be kept closed. Guest(s) and other invitees shall use pools and hot tubs at their own risk and at the responsibility of the tenant (applicable if amenities are provided at the property).

SECURITY OF HOME & RENTAL EQUIPMENT:  Guest(s) assume full responsibility for the premises rented, including its contents and their own personal property.  Always lock the doors and windows when you leave.   Lock your automobiles and put away any rental equipment.  Use of rented equipment by Guest(s) is strictly at your own risk and could cause liability and/or additional expense.  KOKUA REALTY, LLC is not held liable or responsible for any loss, damage or additional expenses incurred; nor does KOKUA REALTY, LLC endorse any suggested or recommended activities and/or services to Guest(s).

SMOKING: All properties are smoke-free.  Guest may smoke in designated smoking areas outside only, if allowed.  Please dispose of all smoking materials appropriately and do not discard on the grounds.

SUBJECT TO CHANGE:  Advertising amenities are subject to change without notice or compensation. Changes can occur after a reservation is made due to a sale of the unit, remodeling, mechanical failure, or servicing. Should a property be made unavailable for any reason beyond the control of Agent, Agent may substitute (at their discretion) another comparable or better property.   If the substitute is of lesser value, refunds may be made.  If no other property is available, the limit of liability by property owner or KOKUA REALTY, LLC is to refund any pre­paid rents that have been paid by the registered Guest.

ELECTRONIC SIGNATURES, COUNTERPARTS, AND ELECTRONIC COPIES (DIGITAL, SCANNED OR FAXED):

Electronically executed copies of this agreement and any related documents shall be fully binding and effective for all purposes. Electronic signatures on documents will be treated the same as original signatures. This agreement and any addenda and related documents may be executed in any number of counterparts and by different parties in separate counterparts, each of which when so signed, shall be deemed to be an original, and all of which taken together shall constitute one and the same document, binding upon all parties, notwithstanding that all of the parties do not sign the original or the same counterpart. Owner agrees to receive electronic copy of 1099 filed.