Terms Subject to Change without Notice
TERMS AND CONDITIONS: Your acceptance of the booking and agreement to the terms and conditions of this rental constitutes an electronic and binding acceptance of the California Hawaii Properties “Vacation Rental Agreement”. Vacation Rental Agreement must be electronically accepted by guest (indicated by a checkmark at time of booking or via form submission) within 48-hours of your receipt to complete your reservation. The Rental Deposit is due upon receipt. Review and acceptance of the California Hawaii Properties Terms & Conditions which is made part of this rental agreement is required before a confirmation will be issued. DO NOT BOOK TRAVEL until your submission and acceptance of terms for the “Vacation Rental Agreement” has been electronically accepted via email by California Hawaii Properties.
Guest is renting a specific Lanihonua (Ko Olina Kai) Villa Type (3br or 2br). Individual Villa requests (C vs D) are not guaranteed and are subject to change. All Villa floorplans, bedding arrangements and amenities are the same within a Villa Type. There are only minor differences in decor.
No Parties/Events of any kind, No Overnight guests other than those listed above under “Rental party”. Max occupancy strictly enforced including children.
No Smoking: No smoking is allowed. Including: cigarettes, electronic cigarettes, cigars, pipes, or other smoking methods and substances. Renter is responsible for all damage caused by smoking including, but not limited to stains, burns, odors and removal of debris.
Only registered guests 21+ may drive Gem Car if they have provided a valid DL & Liability Insurance Policy to California Hawaii Properties prior to arrival. Maximum of 4 people in Gem Car and all passengers must be seated wearing seatbelts or Hawaii approved proper child restraints (child seats are not provided). NO ONE IS ALLOWED IN DRIVER OR PASSENGERS LAP.
No Pets are allowed. Only Service animals that are required because of a disability and have been trained to perform a specific work or task for a registered guest are allowed. No “pet fee” or additional cleaning or deposit fee for service animals. Guest remains liable for any damage caused by Service Animal.
Guest agrees that Guest rental party will consist ONLY of guests listed in their booking confirmation and/or via the guest information form they have submitted for approval to California Hawaii Properties. Guest agrees that they and their entire rental party will ONLY occupy Villa/Home from Check-in/Arrival Date to Check-out/Departure Date shown on their booking confirmation. Owner reserves the remainder of the 30 Day “Lease Window” (Lease Start to Lease End) for cleaning, repair, to prepare the unit for rental, and for Owner’s use. Any arrival before “Check-In/Arrival Date” or holdover of Guest after “Check-Out/Departure Date” is strictly prohibited and Guest would be considered a Trespasser.
All payments are non-refundable UNLESS we are able to rebook the property, in which case we will provide a prorated refund dependent on the amount recovered - $100 Processing Fee. We STRONGLY recommend travel insurance as we will not refund monies unless if, on the day that the rental is scheduled to begin, the property is unfit for habitation and no equivalent substitute can be obtained, or the property is not reachable by the usual means of transportation, or access to the property by visitors has been prohibited by authorities.
WAIVER OF LIABILITY & AGREEMENT TO INDEMNIFY: Under no circumstances shall Owner be responsible for any loss, expense, damage, claim, or injury, whether such loss, expense, damage, claim, or injury is direct, indirect, consequential or otherwise whatsoever, howsoever caused or incurred whether arising in contract or otherwise in law or equity as a result of your occupancy or use of the Unit or the building or property in which the Unit is located or of any delay(s) substitution(s), rescheduling(s) or change(s) in the provision of services or accommodations by Owners, employees, owners and/or subcontractors. Guest, on behalf of Guest and Guest's Family and Friends, and their respective heirs, personal representatives, successors and assigns, hereby releases Owner and their respective members, managers, officers, agents, employees, sureties, insurers, indemnitors, attorneys, successors and assigns from all claims, demands and causes whatsoever resulting directly or indirectly from or in connection the Unit or the building or property in which the Unit located or in connection with this Agreement or the exercise of any rights under this Agreement, including without limitation any claim, demand or cause of action for personal property damages, personal injury or death and any and all loss, liability, cost and expense resulting from any claim, demand, suit or cause of action which may be asserted. Guest, on behalf of Guest and Guest's Family and Friends agree to hold Owner harmless from any liability or expense arising from occupancy or use of the Unit or the building or property in which the Unit is located by Guest or by Guest's Family and Friends, and you further agree to indemnify Owner for all claims, costs, expenses, including attorney's fees, and/or damages incurred by Owners, employees, webmaster, successors and assigns, directly or indirectly, as a result of the occupancy or use of the Unit or the building or property in which the Unit is located by Guest or Guest's Family and Friends, or arising from the breach of this Agreement by Guest or Guest's Family and Friends.
Guest agrees that if Guest or Guest’s Family or Friends, are in material breach of this vacationrental agreement due to: Smoking, Pets, Misuse of Low Speed Electric Vehicle, Disturbance of the Peace/Events or Extra Overnight Guests, the primary Guest will be notified via email and phone that they must leave the premises within 12 hrs. If they do not depart within 24 hrs, they will be reported to the Police as Trespassers. Penalties for non-registered overnight guests are minimum $100/person/night (including children) unless otherwise pre-approved in writing via email or booking confirmation by California Hawaii Properties. NO REFUNDS or prorated rent will be provided for violations. Guest agrees that since this agreement does not constitute a Tenant/Landlord agreement, Eviction procedures are not required to terminate the agreement and treat Guests that are in breach as trespassers. No Shows and Early Departures are subject to full forfeiture.
RATES: Rates are quoted on a per stay basis as noted in booking confirmation. Unless specified, check-in time is after 4:00 p.m., and checkout by 11:00 a.m. on the day of departure. Rates quoted are for a maximum specified number of people (4 for 2-bedroom, 6 for 3-bedroom, including children unless additional people are listed and pre-approved on booking confirmation). Additional overnight guests are not allowed and are cause for immediate termination of the Vacation Rental Agreement without refund. Penalties for additional guests are $100/person/night unless otherwise pre-approved in writing via email with California Hawaii Properties and included in rental agreement. Charges vary and are subject to change without notice. All properties represented by California Hawaii Properties come fully equipped with television(s), linens, dishes and utensils and an initial supply of soap and paper goods. Other amenities vary per property. Use of the included “Golf Cart” (GEM Street Legal Neighborhood Electric Vehicle) requires all drivers be 21+ with their owner personal automobile liability insurance and valid driver’s license. If GEM car becomes unavailable for any reason during your stay (due to damage, repairs required, etc) the only compensation is $15/day for the period of non-availability.
ADDITIONAL CHARGES (NOT included in rate): Rates do NOT include daily maid service (unless noted), gratuities, out-of-country (except Canada) long-distance phone charges, car rental, food, liquor, laundry, personal items, excessive cleaning upon departure (i.e. upholstery or rug shampooing, etc.).
RESERVATIONS AND PAYMENTS: Payment of the applicable Rental Deposit amount together with a completed Guest Reservation Application must be received and approved by California Hawaii Properties before a confirmation will be issued. No grace period will apply. Final payment, consisting of the remaining balance, must be received by California Hawaii Properties at least thirty (60) days prior to guest arrival (or immediately if booked less than thirty (60) days in advance of guest arrival). Failure to make final payments on a timely basis will make reservation subject to automatic cancellation. You are reserving a Lanihonua unit type (3br or 2br). Specific Villa Unit (C vs D) may be substituted if necessary and is at the sole discretion of California Hawaii Properties. All floorplans, bedding options and amenities are the same in units of the same type. PARKING: Each villa unit comes with (1) ONE parking spot only for a rental vehicle. The garage location is taken by the GEM "Golf Cart". No additional overnight parking is available. Do NOT park in Guest parking. If you park overnight in a spot marked "Guest" you may be TOWED. Please do not rent the unit if you require more than one rental vehicle.
CONDITION OF RENTAL: The property shall be in the same condition upon departure as at check-in. Normal wear and tear excepted. Guest must notify California Hawaii Properties within 24 hours of arrival if there is any damage to the property when they arrived. Owner or its agents may enter the property at reasonable times to make repairs or provide maid service. Guest may cook in areas specifically designated for cooking. Guest must immediately notify Owner or agent of fire or other damage to property. Guest shall be liable for all acts of the family, invitees, employees, or other persons invited onto the property. Guest may not sublet or assign this rental agreement. Guest shall be responsible to return all keys and gate or garage door openers upon departure. Guest shall abide by the House Rules of the Owner, Property Manager, Condominium Association and/or the Booking Agent as provided to Guest. Guests shall not bring any pets onto the property. HOA Rules available here and by request. Minimum $500 Pet penalty will apply if guest is found to have brought pet into property or adjacent lanai. Guest will not smoke or vape indoors or outdoors at the property. Minimum $500 Smoking penalty will apply if guest is found to have smoked in property or adjacent lanai(s). Guest will rinse feet of sand prior to entering the unit. No parties shall be allowed without prior consent. Additional charges may apply. No catering or outside music permitted without prior consent, additional charges may apply. Guest shall not permit any use of pool or Jacuzzi by unsupervised children or other guests, and shall keep gates closed. Guest and other invitees shall use the GEM car, pool, hot tub, bicycles, beach gear, toys, and ALL other items found at the property at their own risk. Guest understands that there are certain inherent risks to person and property located adjacent to the ocean or to a golf course, including the possibility of drowning or being struck by a golf ball. Guest acknowledges that the owner would not rent the property unless the Guest accepted this condition.
INCLUDED UTILITIES AND AMENITIES: Electricity: $15/day is incl. in rental unless otherwise specified in writing ahead of time, excess electric usage will be deducted from deposit. Please note electric costs in Hawaii are approximately 200% of mainland rates. Please help by turning off lights and AC units when you leave the Villa/Home. Keep the thermostat set to 74 degrees F or higher (Hawaii) when in the unit to avoid an excess electric charge. Telephone and Fax: Free unlimited phone service to Hawaiian Islands, Alaska, Continental US and Canada for outbound calling only is included for California Hawaii Properties Guests. Property phones have been forwarded so guests will not be able to receive calls at property. Be sure to have a mobile phone for inbound calls should someone need to reach you. Guest must use their own personal phone or credit card for any other calls. There are no exceptions. Guest is subject to fees (including fines) if calls are made other than as described. No refunds or rent reductions will be made due to failure or unavailability of bicycles, appliances, equipment, Wi-Fi, phone or cable TV services or other amenities. Owner does not guarantee against mechanical failure of heating, air conditioning, availability of Pool, Hot Tub, TV's, Satellite, VCR's, Video Game Systems, DVD's or other equipment or appliances but will make every reasonable effort to repair or replace equipment or appliances that were expected. Inoperative equipment or appliances must be reported to Owner or Owner's designee immediately at the number listed on the Confirmation Email or in the Unit. Wi-Fi, telephone and TV cable services failure is at the control of the companies that offer the service and in no way is the Villa/Home owner responsible for its service or any interruption that may occur and no refund shall be provided. Pool, Hot Tub & Cabana area are occasionally closed for maintenance/repairs and when the pool has been deemed unsanitary. No refunds will be made for pool/hot tub/rec facilities closures that are out of Owner's control. Rules are posted for safety and enjoyment of all. Guests must respect and abide by all such rules and direction of any Ko Olina security or pool attendant. A maximum of 6 guests/unit are allowed at the pool area at any time. You may be required to sign in and provide your unit number, name and a mobile phone number. Pool/Beach Towels are provided in each property for Guest use and should be brought to and returned from pool/beach. Locked areas for which Guest is not provided a code or a key, such as Owner's personal storage areas, locked cabinets & closets, are exempt from this Agreement and are off limits to Guests. Forced entry into these areas is a criminal offence, cause for immediate termination of this Agreement, and Guest will be charged for damage and/or missing items. Lockouts and Lost Keys: Forgotten codes and/or lost Pool/Gate keys charges vary depending on the time of day and how many key cards/fobs are lost.
SECURITY DEPOSIT: California Hawaii Properties may offer a Security Deposit Protection plan (Insurance). If you chose this option, the Security Deposit Protection plan offered by California Hawaii Properties through CSA Travel Protection covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $1500.00. Any damages that exceed $1500.00 will be charged to the credit card on file. If, during your stay at one of our Rental Properties, an Insured Person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $1500.00. Certain terms and conditions apply. Full details of the Security Deposit Protection coverage are contained in the Certificate of Insurance or Insurance Policy. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly California Hawaii Properties any amount payable under the terms and conditions of the Security Deposit Protection. Please contact California Hawaii Properties directly if you do not wish to participate in this plan or assignment.
SECURITY DEPOSIT: Guests who do not sign up for the Security Deposit Protection Program are required to make a Security Deposit to protect against any damages to and/or loss of items from the Property and to assure payment of items charged to the Guest Account. The deposit will be held in California Hawaii Properties Account or the booking agents account and will be returned, minus deductions, not later than 14 calendar days after the termination of the agreement. We must give you a written statement at that time explaining any deductions. Deductions can be made for the following reasons: to repair or replace anything that is damaged or missing; to pay any and all amounts due; to replace all keys; additional cleaning expense or to clean excessive dirt (i.e. stained carpets, furniture, walls, appliances, etc.) and put the unit, and the things in it, in the condition when you moved in. Pet, smoking (including vaping of any substance) or additional guest penalties may also be deducted from your deposit. If your deposit is not enough to cover all the damages and costs, you must pay the extra amount, and you authorize us to charge the credit card provided.
AGE REQUIREMENTS & STATEMENTS REGARDING GUEST USAGE: Guests under the age of 25 unaccompanied by a parent or legal guardian will not be permitted to stay at the property and will lose all funds paid to California Hawaii Properties. Any reservations made under false pretenses (including but not limited to: # of guests, ages of guests, use of property for events, parties, video production, commercial enterprise, smoking/vaping, pet usage) will result in loss of advance payments, security deposit, and possible removal of guest from rental unit. No fraternity, sorority, wedding events or house parties will take place on any booked premises. Violations of this may result in immediate eviction with no refund of any monies. California Hawaii Properties reserves the right to refuse bookings for any reason.
LIMITATION OF LIABILITY: Under no circumstances shall California Hawaii Properties be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise whatsoever, 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, without restricting the generality of the foregoing as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of services or land accommodations by California Hawaii Properties or by reason of military actions, revolution or acts of God, government agencies, or unforeseen circumstances or events, by any agents, owners, employees, subcontractors, servants or services as substituted; California Hawaii Properties, at all times will act in good faith and use its best efforts to substitute with accommodations or services of a type as comparable as possible to those contracted. California Hawaii Properties will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. Some activities in which guests engage are especially dangerous and include scuba diving, snorkeling, deep-sea fishing, boating, golfing, swimming, boogie boarding, surfing, hiking, biking and mountain climbing. This list is not all-inclusive, but indicates some of the hazards of vacationing in Hawaii. Guests may also encounter the following risks: slippery floors and stairs, especially when wet, lanais with spaces between rails (dangerous for little children), precipitous drop-offs on ocean floor, unfenced pools, faulty electrical or plumbing systems, gas BBQ grills, clean/clear sliding glass doors, and dangerous stairs or pathways, Therefore, each guest agrees that he/she is voluntarily participating in any and all activities, risks, and use of the accommodations, and hereby assumes all risk of injury, illness, damage or loss to person and property that might result, including, without limitation, any loss or theft of personal property. By booking this villa, you acknowledge that in all events and circumstances, California Hawaii Properties, its officers and employees shall not be liable. California Hawaii Properties reserves the right to cancel or rescind any rental agreement if it is found that the Guests are conducting unlawful activities, not abiding by the Home Owners Association House Rules, disturbing others by playing loud music, percussion, audio or instruments, or cause any loud or offensive noises, have made any misrepresentations about the nature or size of the group or use of the group or the use of the property or any other misrepresentations or any other way in breach of the rental agreement.
NOTICE OF ABSENCE: You must tell us in advance if you will be absent from the property for 5 days or more. If you do not give us this notice, you will have to pay for any damage that may result from your absence.
HOLDOVER, ABANDONED POSSESSIONS AND SERVICE OF NOTICES: If you stay in the unit, without written permission, after the Vacation Rental Agreement period (Checkout/Departure Date, NOT Lease End Date) has passed, you will be a holdover tenant and may be liable for twice rent under the Rental Agreement on a prorated daily basis for each day you are a holdover tenant. You will be considered a trespasser. There is no right to extend the vacation rental beyond the “checkout/departure date” confirmed in your booking. If you leave any personal property, which we determine to be of value, we must contact you by mailing a notice. After 20 days, if you do not respond, we may advertise the items for sale or donate them to a charitable organization. If we have to give any notice to you, we can serve it to any occupant. By serving one of you, we have given notice to all of you. If we cannot deliver a notice to you, we may post the notice in a conspicuous place in or on the unit.
INSURANCE: You understand that our insurance does not cover your belongings or damage that you cause. You agree that we are not responsible for any loss or damage during the term of the rental agreement. You agree to carry insurance covering all of your personal property located in the unit or bear full responsibility for its damage including damage from fire, water, theft, or any cause. Guests must provide their own valid personal auto liability insurance to be granted use of the GEM Car.
CHANGES TO A BOOKING: An additional $100.00 administrative fee may be charged by California Hawaii Properties for any change to a booking after a Confirmation has been issued. Acceptance of any change is subject to approval by California Hawaii Properties
CANCELLATION AND REFUNDS: Cancellation of booking at any time after Confirmation has been issued may result in forfeiture of deposit(s). Cancellation within the 60-day period prior to check-in may result in forfeiture of the entire rental amount. Refund of monies paid for rental and services will be made under the following circumstances: (1) If, on the day that the rental is scheduled to begin, the property is unfit for habitation and no equivalent substitute can be obtained, or the property is not reachable by the usual means of transportation, or access to the property by visitors has been prohibited by authorities; or (2) The Villa is re-booked for the same time period and at the same rate of initial booking. If a portion of the rental time is re-booked, a pro-rata refund will be made. All refunds, whether in whole or pro-rata, will be subject to the deduction equal to 15% of deposit(s) paid. To protect against cancellations caused by certain unforeseen events, such as illness, death, natural disasters, etc., we recommend that guests purchase trip cancellation and Interruption Protection insurance to assure refund of deposits paid and reimbursement of other vacation payments. Such insurance is available through travel agents, auto clubs such as AAA, or online at www.AllTripInsurance.com or www.InsureMyTrip.com or www.Squaremouth.com
CATASTROPHIC EVENTS & EMERGENCY EVACUATIONS: If a catastrophe (hurricane, tornado, earthquake, flood, tsunami, etc.) or any situation simply beyond our control impairs the vacation rental, California Hawaii Properties is NOT responsible for finding alternate lodging for the renter or for the renter's financial losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR EMERGENCY EVACUATIONS. Whether you own property, run a business, or rent a condo in Hawaii, the threat of a hurricane, flood, or tsunami is always present during certain months of the year, and we all assume this risk. Therefore, we suggest you consider Travel Protection Insurance to secure your vacation investment and eliminate your financial risk. There will be no refunds of any kind for evacuations.
NOTE: Villa Type (3br or 2br) is guaranteed. Specific villa (C vs D) is not guaranteed and is subject to change. All Villa floorplans, bedding arrangements and amenities are the same between villas in a Villa Type Category. There are only small differences in decor.