General Terms and Rental Agreement

General Terms and Rental Agreement

 

If you are making your reservations via Rental Advisor or through a listing created by rental advisor on other websites, your electronic acceptance of these Terms and Conditions legally acts as your signature for this entire rental agreement and binds you to the terms as allowed to the full extent of the law of the State of Hawaii and any other State involved.  

 

"You" and "Guest" refers to the person or persons renting or staying that a premises listed on and rented through www.MyRentalAdvisor.com (the "Premises").  The property owner refers to the owner of the Premises.   Blue Wave Ventures LLC, doing business as Lavish Getaways and Rental Advisor is the listing agent  and referred to in this agreement as "we" or "Rental Advisor."  

 

Please note for simplicity's sake all timeframes on this agreement are based on a 30 day month. So 60 days is defined as the same date of the month 2 months in the future. (Example: Dec 15-Feb 15 is 60 days even though there may be more than 60 actual days in that space of time)


 

Refund and Cancellation Policy (unless specified otherwise in writing):

No refunds if cancellation takes place less than 90 days before check-in, any exceptions to this must be made in writing.  Notwithstanding the foregoing, there are no refunds for reservations made during peak times whether or not cancellation is made more than 90 days before check-in.    

Please note that processing fees are non-refundable. Once paid, they cannot be refunded. To avoid processing fees pay via E-Check. Cancellation or early departure does not warrant any refund of rent or deposit. Occupancy must not exceed the number listed on this confirmation or you may be evicted. No refunds issued for evictions. No shows will not receive a refund. Hurricanes, tropical storms, extreme heat, dust storms or any other kind of natural disasters/ weather issues do not merit a refund and therefore WE STRONGLY ADVISE ALL TRAVELERS PURCHASE TRAVEL INSURANCE. Please visit www.TravelGuard.com to purchase travel insurance.

 

House Rules

 

  • NO FIREWORKS ALLOWED AT, IN, OR ON THE PREMISES.

  • NO PETS ALLOWED AT, IN, OR ON THE PREMISES.

  • NO PARTIES ALLOWED AT, IN, OR ON THE PREMISES.

  • NO SMOKING ALLOWED AT, IN, OR ON THE PREMISES.

  • Bonfires or campfires are prohibited by law.

  • Quiet hours are between 8pm and 9am.Neighbors do watch over the home and have our contact information. Partying that disturbs neighbors, causes damage to the property, or excessive noise that disturbs others will result in loss of deposit and/or additional fines of up to $2000 and/or eviction without refund. We want guests to have a great time but not to disturb neighbors. We want to create a peaceful and quiet setting and excessive noise will travel throughout the area and upset the neighborhood.  

 

  •  If you are found to be in violation of the Federal Drug Enforcement Act of 1988 or any local laws, which includes association of certain crimes such as murder, kidnapping, gambling, promoting detrimental drugs or intoxicating compounds, promotion of marijuana, manufacture, sale or distribution of controlled substances, your tenancy will be immediately terminated and security deposit forfeited.

  • No one under the age of 21 is allowed to drink on the premises.

  • Guests must close and lock windows and doors if leaving for any period of time and upon departure.

  • For your safety and security, please lock your car doors at all times. (Please note that the owners and management will not be responsible for valuables left in your vehicle).

  • Please shake all towels and clothes free of sand prior to washing. Extra cleaning due to excessive sand inside the house or in the drains will be charged to guests. Please use the hose outside the house to rinse off feet of sand and dirt prior to entering the house. Please remove all footwear prior to entering the house. This will ensure that our carpets remain beautiful for you and future visits.

  • Follow all checkout rules (a copy of which are provided at the home). Guests must leave the home in an orderly state, which includes picking up all trash and leave the home in an orderly fashion as to minimize the work of the caretaking staff. If the property is left in a dirty state and/or extra cleaning is required, you may be charged a fine to cover the cost of the additional cleaning.

  • The home you have rented may have additional rules and instructions listed [below or in property description?].

 

Safety:

 

THERE IS NO LIFEGUARD ON DUTY.  There are NO lifeguards.  Use the OCEAN, pool or spa at your own RISK!  Swim, dive, surf, kayak, etc., but KNOW that nobody's there to help you!  The property owner or Rental Advisor is not responsible for your safety. Severe injury or death could result from failure to properly supervise the children. Additionally, children are not to play in the landscaping, the fish ponds or with any of the furnishings. This home is NOT CHILD PROOF and requires children to be constantly supervised. TENANT alone is responsible for child safety.

 

Maximum Occupancy:

 

The maximum number of guests permitted to stay at the property is specified on website or in property description. The names and ages of any guests or visitors to the property must be submitted in writing to Rental Advisor for approval. If the number in the home exceeds the number on the reservation above you may be evicted without refund or denied access to the home without refund. If you are making any changes to the number of guests staying in the home or have visitors coming during your stay you must report these in writing prior to check-in. See additional terms below for occupancy rules specific to this home if any.

 

Damage Waiver:

 

A damage waiver is standard for all bookings and is a non-refundable charge. The damage waiver covers ACCIDENTAL damages ONLY. Damage due to negligence or rowdy behavior will be charged to the guest.  Depending on the property, the amount is specified under taxes and fees in your reservation.  The damage waiver gives you $10 of coverage for every dollar paid into the waiver.  You will be responsible for any damages beyond this amount. If no damage waiver is paid, you are responsible for all damages to the property. Rental Advisor is authorized to deduct this from any cards or accounts we have on file. Personal items that are lost, stolen or damaged are not covered by this waiver and neither Rental Advisor nor the property owner is responsible or liable for lost, damaged or stolen personal items.

 

Damage Deposit:

 

For some properties a security damage deposit may be required in an amount up to $5,000. This deposit is required and is fully refundable within (14) days of departure, provided the following provisions are met: (1) No damage is done to the unit or its contents; (2) No charges are incurred due to contraband, pets or collection of rents or services rendered during the stay; (3) Upon checkout, all debris, rubbish and discards are placed in the dumpster, and soiled dishes are placed in the dishwasher with the dishwasher turned on; (4) All keys are left where you originally found them and unit is left locked; (5) No linens are lost or damaged; and (6) The renter is not evicted by the owner (or representative of the owner), local law enforcement, or security company. A property inspection and inventory of all items are taken before and after rental. If damages made exceed the amount of the damage deposit you hereby authorize Rental advisor to charge the balance to any account we have on file or to pay for such damages within 30 days of checkout.

 

Weddings and Special Events:

 

Only certain homes allow for weddings and events and these events must be pre -approved in writing and are subject to an additional venue fee. If weddings or events are allowed for this home it will be stated in the additional terms below. If not, then NO events or weddings are allowed unless special written permission is given.

 

“AS IS”:

 

The home is rented “as is”.  By coordinating with the property owners or the property managers and the caretakers, we make every effort to ensure the Premises is correctly advertised and in good condition.   If you have problems, please contact us as soon as possible and we will make every effort to fix the issue. However, every item listed in advertisements may not always be available due to theft, maintenance or damage. All property listings on our website are the sole responsibility of the property owner or the property manager, as the case may be, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on a member's part. The property owners or the property managers, as applicable, are solely responsible for keeping information about the Premises up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on our website is accurate or up-to-date even in the case where prospective travelers have searched for specific special offers, dates, or types of properties. We may from time to time provide or facilitate services to property owners or the property managers, as applicable, to create or improve the quality of their property listings. However, we assume no responsibility to verify property listings. The property owners or the property managers, as applicable, provide us with all information about their units and we do all we can to ensure this information is accurate but we cannot guarantee or verify that everything advertised is always accurate. Please ask your reservation agent if you have questions about this as we make every effort to ensure information is accurate on our website. No discounts or refunds are given due to any missing, faulty or broken equipment, appliances, furniture, etc.  Insects and Rodents:

 

We do everything possible to prevent insects and rodents but they are a possibility in this climate. We do our very best to keep them away.  If you have problems, please notify the property caretaker.

 

Payments:

 

Down payments are charged to the account provided to Rental Advisor by the Guest and the amounts are stated in the quote provided by Rental Advisor. Certain periods may require 100% down. By submitting payment information you authorize Rental Advisor to charge the amount of the down payment to be charged immediately and for balances on the reservation to be charged as they occur. If damages exceed the amount covered by the damage waiver and/or damage deposit, you authorize Rental Advisor to make charges equal to the amount of any damages caused to the property by you or anyone you allow in the home during your stay.   

 

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.


 

Assumption of Risk and Release of Liability:

 

Guest acknowledges that he/she is occupying the Premises for the purpose of short-term transient accommodation in “as is” condition, at his/her own risk.

 

Guest hereby acknowledges that he/she has been informed that the Premises is NOT child-proofed. It is the Guest's responsibility to monitor the activities of any minor children in their care.

 

Guest acknowledges that he/she is aware of, and accepts the risks and dangers of all onsite and nearby amenities including swimming pools, lanais, ocean access, and hot tubs.

 

Rental Advisor and the property owner do not warranty the safety or condition of ocean equipment provided as a courtesy to guests. Each Guest is responsible for inspecting all equipment prior to use and agrees to only use such equipment if properly trained. Any such equipment shall be used at each Guest's sole risk and responsibility.  

 

Conditions on any body of water can be very dangerous. Guest assumes all responsibility for Guest, all members of Guest's party, and all invitees and all activities in or around any pool spa or any body of water. Beach/pool equipment at the home is not inspected or maintained and you use any beach/pool related equipment at your own risk which may include serious injury or even death. You are expected to follow all guidelines given by red cross in regards to water safety. http://www.redcross.org/prepare/disaster/water-safety/beach-safety.

 

Each Guest is responsible for all personal injuries to Guest and members of Guest's party and any invitees while renting the Premises.  Rental Advisor and the property owners are not responsible for any personal injuries or damages.

 

Each Guest hereby RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE, Rental Advisor and the property owners (the owner of the Premises) from all actions, claims, or demands for any loss, injury, or damage resulting from use of the property or use of any amenities or equipment provided at the property. Guest agrees to indemnify and save harmless, to the maximum extent allowable by law, Rental Advisor, its owners, managers, representatives, property owners, and/or employees from any and all liability, negligence, loss, damage, injury or death resulting from the use of the property, dwellings, fixtures, amenities, and contents. Guest acknowledges and agrees that Rental Advisor, its owners, representatives and employees and the property owners are not responsible in any way for theft or damages that may occur on or to Guest's personal property.

 

Guest also releases them from any and all liabilities, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Guest while on the Premises.  The terms of this release shall also be binding as to any other persons, including all family members, minors, guests, or invitees which may accompany or be inviting on the property by Guest, and heirs, executors and administrators.

 

Reservation Accuracy :

 

It is the responsibility of Guest to review all reservation information for accuracy prior to making payment. By making payment you accept the reservation and its terms as provided and any alterations to the reservation must be made prior to payment. Any incorrect information on the reservation should be reported immediately and Rental Advisor will do all it can to resolve the mistakes but we cannot guarantee any refunds for mistakes not reported prior to payment. Changes to a reservation that result in a shortened stay are subject to the same cancellation terms as provided above.

 

Booking Confirmation:

 

Because the Premises is not owned by Rental Advisor and as Rental Advisor works as an intermediary between the property owner and Guests, all reservations are subject to the property owner's approval. Guest should not make non-refundable payments based on the reservation until Guest receives written confirmation that the property owner has signed an official acceptance of the reservation. Please contact us if you have any questions about this. Even when a reservation has been “processed” this does not mean that it has been confirmed by the property owner. Because this is a private residence the owner has the final say on all guests. Rental Advisor does everything possible to ensure your reservation is not cancelled by a property owner but in rare cases a property owner may not be able to accommodate Guest and the property owner has final authority over the Premises. Until the property owner approves your reservation, your reservation is not confirmed. Reservations that have been processed are not confirmed as they are still awaiting final owner approval. Confirmation from the property owner is normally given within 48 hours but may take a week or longer if a property owner is unavailable.  After the property owner has received funds from Rental Advisor, if for some reason the property owner were not to be able to honor your booking due to the home being unfit for use, sold or due to the property owner's inability to accommodate, the property owner will be responsible for making a good faith effort finding you comparable alternative accommodations. Rental Advisor will assist in this effort to the best of their ability. Rental Advisor is not a real estate brokerage but acts as a marketing agency for the property owner that brings all potential bookings to the property owner for final approval. By making a reservation with us you fully recognize the risks associated with working through a middleman intermediary and release Rental Advisor from any liability if an owner is unable to accommodate you.

 

Additional charges:

 

You authorize Rental Advisor to keep your account on file and understand that should the terms of this agreement be violated you may be subject to additional charges. These charges may include but are not limited to extra cleaning charges if units are left in an excessively disorderly state, damages to the property, fines for violation of the house rules or other behavior that disturbs neighbors or excessively inconveniences ground staff. We do everything possible to avoid additional charges but by paying for this reservation you fully authorize Rental Advisor to make such charges if violations of the general terms or damages to the Premises do occur.    

 

Legal Disclosure and Additional Terms:

 

Rental Advisor assumes that all property owners are fully compliant with state and local laws and is not in any way responsible for the verification of legal compliance of property owners. If Guest is concerned or wishes to have verification of legal compliance of the property owner, they must request this verification information prior to booking. Due to updates in local laws or changes made by the property owner prior to arrival, additional contract terms may be given by Rental Advisor or the property owner upon check in or at a time after the initial booking is processed by Rental Advisor. If you have any questions or concerns about these possible additional contract terms or any of the terms in this agreement, please notify us prior to making payment and we will provide you with all the information we can.

 

Security:

 

Guest assumes full responsibility for the Premises while rented, including its contents and Guest's personal property.  Always lock the doors and windows when you leave.  Lock your automobiles and put away any rental equipment.  Rental Advisor does not control the physical security of the Premises as this is handled by the property owner or the property manager and the security at any property may change any time. If items are stolen or any crimes are committed against you while at the Premises, Rental Advisor claims no responsibility and in no way are associated with providing on site security for guests while staying at the properties we advertise. By paying for this reservation you agree not to involve Rental Advisor in any way in any legal actions related to security or safety issues you experienced while staying in the property. If safety or security is a concern please contact the property owner or their property manager/caretaker. If your property is near the any body of water, poor or spa please be aware that no lifeguard is on duty. Conditions on any body of water can be very dangerous. We assume no responsibility for your activities in or around any pool spa or any body of water. Beach/pool equipment at the home is not inspected or maintained and you use any beach/pool related equipment at your own risk which may include serious injury or even death. You are expected to follow all guidelines given by red cross in regards to water safety.
 

Reviews:

 

All reviews left for this property on any website are the sole ownership of Rental Advisor.  Rental Advisor reserves the rights to copy reviews to other websites or delete reviews as it sees fit.

 

Miscellaneous:

 

This Agreement, additional terms of the rental of the Premises and any operating rules of Rental Advisor or www.MyRentalAdvisor.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This agreement shall be construed in accordance with the laws of the state in which Blue Wave Ventures LLC is incorporated. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any terms of contracts or agreements given to Guest directly by the property owner of the property supersede any of the terms above. The property owner is the ultimate authority of the terms and any terms given by the property owner take precedence over the terms of this agreement. The property owner has the final say on all term and conditions.