Maui Vacation Homes Terms and Conditions

RESERVATIONS AND PAYMENTS: Hawaii Vacation Condos Inc. typically holds a tentative reservation for 10 days. The reservation will be canceled unless a completed “Guest Reservation Application” and the “Reservation Deposit (50% of total amount due) are received within that 10 day period. No grace period will apply. Upon timely receipt of the Guest Reservation Application and the Reservation deposit, the reservation is confirmed. Payment in full of the remaining balance due must be received by ELITE at least 60 days prior to Guest Arrival during high/low season and 90 days prior for Xmas/NY-holidays. All homes are privately owned and requirements may differ slightly.
ACCEPTED PAYMENTS: CREDIT CARDS-American Express, MasterCard and VISA and E-check. All payments will incur a 4% processing fee.
Changes to Bookings: Any change after "Confirmation" is subject to availability and a $75.00 service fee.

RATES: Rates are quoted on a per-week or per-night basis as shown on the website. Many homes require a seven night stay and two weeks or longer during the Xmas holiday. Most rates allow for maximum occupancy of the home. Additional guests may be subject to a per-person, per-day charge. The charge varies from home to home. Rates do not include lei greeting, baggage handling, daily maid service, or departure cleaning (unless noted), gratuities, long distance telephone charges, car rental, food, liquor, laundry, personal items, or 11.42% Hawaii Accommodation taxes. All rates are subject to change without notice.

AMENITIES AND SPECIAL SERVICES: Homes are fully equipped with phone(s), TV(s), linens, dishes, utensils and initial supply of soap and paper goods. Upon request, ELITE will make special arrangements on behalf of its Guests for such services: masseuses, pre-provisioning, equipment rentals, nanny services, etc. Additional charge of 25% of the cost of the service may apply.

CONDITIONS OF RESERVATION:
-The property shall be in the same condition upon departure as at check-in. Normal departure cleaning (maid service excepted).
- There will be NO functions, weddings, receptions, gatherings or parties held at the property. - No street parking unless preauthorized
- Owner or its agents may enter the property at reasonable times to make repairs
- Guest must immediately notify the Owner or its agent of fire or other damages to the property.
- Guest shall be liable for all acts of family, employees or other persons invited onto the property
- Guest may not sublet or assign this rental agreement
- Guest shall not bring pets onto the property nor shall there be any smoking permitted in the home.
- Guest shall abide by House rules of the Owner and/or the Homeowner’s Association
- Guest shall be responsible to return all keys or garage door openers or a charge will be incurred
- Guest shall not permit any use of a pool or Jacuzzi by unsupervised children and shall keep pool gates closed.
- Guest and all other invitees shall use the pool and Jacuzzi at their own risk.
- At their discretion Owners may require an additional signed Terms & Conditions particular to their property. In the event that any requirements are more stringent, they will supercede those of Elite’s
-Guest understands that Owners would not rent their property unless these conditions are accepted by the Guest.
-Guest understands that tropical islands experience higher concentrations of insects and rodents. Homes are regularly treated for such pests but complete elimination can not be guaranteed.
-Guest understands that because Hawaii is such a beautiful place to live, it is constantly growing. We cannot always be aware of construction/remodel and cannot be held responsible for construction noise.
- Should pool, Jacuzzi, TV, air conditioning, DVD, BBQ or other mechanical device become inoperable during rental the contract and rate will not be void or altered. Owner/agent will at all times attempt to correct problems.

Revised 2/17/2007

GUEST ACCOUNT DEPOSIT (SECURITY/DAMAGE DEPOSIT)
Guests are required to make a minimum of $1000.00 Guest Account Deposit, which is included in the “Total Amount Due.” The Guest Account Deposit serves as a Security Deposit to protect ELITE and OWNER against damages to and/or loss of items from the property and to assure payment of items charged to the Guest Account, including special services ordered by the Guest.
This deposit will be held in a Client Trust Account. Along with the minimum cash Guest Account Deposit, a signed and approved “Credit Card Guarantee” will be required, see page 4.) The Guest’s cash deposit will be returned within 45 days after the Guest’s departure unless otherwise advised that it will be held for long distance telephone charges or pending receipt and/or estimates for damages or lost items, such as gate openers, house keys, etc. Once the deposit has been returned if there are any additional charges they will be documented and then be billed to the Guest’s credit card (as provided by the Credit Card Guarantee)

LIABILITY
Elite Properties (referred to as ELITE) and Travel Agents, where applicable, (referred to as TA) act only as marketing agents for the homeowners, suppliers and contractors providing accommodations, transportation and services. Under no circumstances shall ELITE or TA be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise howsoever caused or incurred whether arising in contract or otherwise in law or equity as a result of rendering of the services or accommodations as described or substituted and including but not limited to the result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of services or land accommodations by ELITE or TA, or by reason of acts of God, or by agents, employees, subcontractors or third parties whatsoever supplying any of the services or accommodations herein or as substituted. If services are substituted for any reason including sale of the property, ELITE at all times will act in good faith and use its best efforts to substitute accommodations or services of a type comparable to these contracted. ELITE in their sole discretion reserves the right to refuse or discontinue service to any person(s) and/or rescind any contract for accommodations or guest services. Except as stated in “CANCELLATION AND REFUNDS” below, ELITE will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. If cooperating with another agency in securing this rental, ELITE will not be held responsible for their course of action.

CANCELLATIONS
Cancellations of bookings at any time confirmation has been issued will incur a 50% service fee of the total reservation amount. Full payment is due and nonrefundable 60 day prior to arrival, except for Xmas bookings which are due and payable 90 days prior to arrival. Refunds may be made only under the following circumstances: the home becomes unfit for habitation, and in ELITE’S opinion no equivalent substitute can be obtaining. To protect against cancellations caused by unforeseen events, such as illness, ELITE strongly suggests that guest purchase Trip Cancellation Insurance to ensure refund of deposits paid. Travel insurance may be obtained by visiting this website www.travelguard.com or calling the toll free # 1.800.826.4919

ACKNOWLEDGMENT
I, THE UNDERSIGNED, HEREBY APPLY FOR THE ABOVE LISTED ACCOMMODATION AND WARRANT THAT I AGREE TO ABIDE BY HOMEOWNERS’ RESTRICTIONS ON USE OF SAID PROPERTY. I FURTHER UNDERSTAND THAT ELITE PROPERTIES IS ACTING SOLELY AS THE MARKETING AGENT FOR THE OWNERS. THIS IS A LEGAL AND BINDING AGREEMENT, EXECUTED IN THE STATE OF HAWAII, AND INTERPRETED UNDER THE LAWS OF THE STATE OF HAWAII. PLEASE READ CAREFULLY BEFORE SIGNING.