Guest Binding Rental Agreement and Contract
This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date specified in your booking confirmation, by and between the undersigned person(s) or entity (collectively, the “Guest”) and Olomana Associates LLC, its owners, managers, agents, employees, successors, and assigns (“Company,” “Rental Agent,” “Property Owner,” “Managers,” or “Employees”), pursuant to which the Guest has agreed to rent the unit described in the booking confirmation or attached contract (the “Property” or “Unit”), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.
If multiple individuals comprise the Guest, each shall be jointly and severally liable for the full performance of all obligations under this Agreement.
Health and Safety Concerns
Due to shared spaces with the Company, Managers, employees, family members, and other guests, and due to severe allergies, the Company cannot accommodate animals of any kind. We cannot jeopardize the health and safety of the Company, Managers, employees, family members, or other guests. Our cleaners also have severe allergies to animals, including but not limited to dogs and cats. The health and safety of the Company, its Managers, employees, family members, friends, and other guests is our number one priority. NO ANIMALS of any kind are allowed. The Property is intended to be allergy-free due to the Company, its Managers, employees, family, and other guests being highly allergic to animal hair, dander, feathers, and the like. This poses a severe health hazard, and therefore there are no exceptions to this rule for animals.
Violation of the no-animals policy will result in immediate cancellation of the reservation without refund, denial of check-in, a $300 deep cleaning fee (minimum), and potential pursuit of legal remedies, including eviction and damages.
Parking
One (1) car per rental unit only. Parking is provided directly in front of the assigned unit. Do not park in front of other units or block access. If more than one (1) vehicle is brought onto the Property, the excess vehicle(s) will be towed at the Guest's and/or vehicle owner's expense, without notice or liability to the Company.
Check-In and Check-Out
Early check-in is not permitted. Check-in time is as specified in the booking confirmation. Late check-out is not permitted. Guests must vacate the Property by 10:00 AM on the check-out date. At 10:30 AM, gate and door access codes will automatically change, and Guests will no longer be able to enter the Property or Unit. If Guests have not vacated by 10:00 AM, a late check-out fee of $350 will be charged (this does not extend the stay), and any remaining personal items may be removed and placed outside the Property (e.g., curb or designated area), as the reservation is no longer valid. The Company, its Managers, and Employees are not responsible or liable for any lost, stolen, or damaged items removed in this manner.
Unauthorized Guests and Visitors
No unauthorized persons are permitted on the Property. If unauthorized guests or visitors (not listed in the booking/reservation) are present, a fee of $500 per additional person per day/night will be charged, and Guests must vacate the Property immediately. The reservation will be voided for breach, and Guests will be responsible for all associated fees, damages, and costs. Overnight visitors require prior written approval and may incur additional fees.
Noise and Disturbance
Keep noise to a minimum after 8:00 PM. No loud music or amplified sound is permitted at any time if audible beyond the Property boundaries. Quiet hours are enforced from 10:00 PM to 8:00 AM to comply with local ordinances and neighbor considerations. Violations may result in immediate eviction and fees.
Smoking
Smoking (including vaping, e-cigarettes, and marijuana) is prohibited inside the rental unit, on balconies/lanais, or adjacent to the building. A $500 fee will be charged for violations, plus additional cleaning/odor removal fees (minimum $500). Guests may be required to vacate immediately. A designated smoking area is available across the parking lot (marked by signage)—smoke only there.
Kitchen and Cleaning Responsibilities
Guests must wash dishes after use this shows respect in Hawaii for others we are not your personal maid. A $50 fee will be charged if dishes are left unwashed. Do not remove the mattress bed protector for any reason (it protects the mattress); a $300 fee will be charged if removed. Upon check-out, remove all trash and place it in the labeled outdoor trash cans. Leave the Property in clean, sanitary condition (normal wear excepted); excessive cleaning fees apply otherwise.
Property Use Restrictions
- Do not rearrange furniture.
- Do not touch, unplug, or tamper with WiFi routers; a $100 fee will apply.
- Drive slowly on the Property; no speeding.
- No parties, events, or gatherings without prior written Company permission. Unauthorized parties incur a $1,000 fee, plus extra cleaning/damages, and immediate eviction if disruptions occur (e.g., neighbor complaints).
- No illegal activities, drugs, weapons, fireworks, hazardous materials, or conduct that could endanger others or the Property. Suspicion of illegal drugs or threats results in immediate notification of authorities and eviction.
- No alterations, key duplication, or access code sharing. The Company reserves the right to remove Guests and their items immediately for any breach, without refund or liability for lost items. Guests must comply with all laws, ordinances, and community rules.
Damages and Liability
Guests are 100% responsible for any damage, loss, theft, or excessive wear to the Property or items, and must compensate at full replacement/repair value plus labor/time at $150 per hour. Report issues immediately. The Company reserves the right to supersede conflicting booking platform policies. Post-departure inspections determine deductions from the security deposit.
Occupancy
No more than the maximum guests stated on the reservation may occupy the Property at any time. All must comply with this Agreement. Violation incurs $500 per additional person per day.
Payments and Refunds
By booking, Guest agrees: No refunds, no returns, no charge-backs, no money back for any reason (including Guest cancellations) No refunds for amenity failures.
Condition and Use of Property
The Property is provided “as is.” The Company will use best efforts for amenities (e.g., internet, TV), but is not liable for failures. Use is at Guest's risk (especially children). Guest shall use for residential purposes only, prevent damage/loss, maintain cleanliness, refrain from disturbing neighbors or unlawful/immoral use, and comply with all laws.
Security Deposit
A security deposit is required at booking to cover damages, cleaning, or violations. It will be refunded (or per platform policy) after check-out, minus deductions, if the Property is left in original condition (normal wear excepted).
Insurance
Guests are strongly required to obtain travel insurance covering travel, personal belongings, accidents, injuries, cancellations, and trip interruptions. The Company's insurance does not cover Guest's property, liability, or losses.
Waiver of Subrogation
Guests waive subrogation rights against the Company for losses covered by Guest's insurance.
Release of Liability, Indemnification, and Hold Harmless
Guest (including occupants/visitors) releases, indemnifies, defends, and holds harmless the Company, its Managers, employees, Rental Agent, Property Owner, and successors from any/all claims, demands, losses, liabilities, damages, injuries, deaths, costs, expenses, suits, actions, or proceedings (including attorney fees/court costs) arising from or related to: (i) injury, illness, death, or property damage/loss; (ii) use/occupancy of the Property, amenities, or common areas; (iii) Guest's acts/omissions or those of occupants/visitors; or (iv) breach of this Agreement. This covers all legal theories (negligence, strict liability, etc.), except to the extent caused by the Company's gross negligence or willful misconduct (as determined by a court). Use is at Guest's sole risk and responsibility. Guest covenants to defend the Company at Guest's expense.
Default and Remedies
Breach requires immediate surrender of the Property in good order; no refund. The Company may evict immediately, forfeit payments/deposits, and pursue remedies (fines, damages, etc.). In litigation/arbitration, the prevailing party recovers reasonable attorney fees and costs.
Assignment or Sublease
No assignment, sublease, or use by non-listed persons.
Entry and Inspection
The Company may enter at reasonable times with notice for inspections/repairs/showings. No notice required in emergencies, imminent danger, or suspected violations.
Additional Terms
Guest may not seek compensation unless due to Company's gross negligence/willful misconduct (court-determined). No waiver of breach waives future breaches unless written.
Force Majeure
No liability for non-performance due to uncontrollable events (e.g., natural disasters, acts of God, government actions). No refunds for weather/evacuations unless prorated per policy.
Arbitration Clause
Any dispute arising from this Agreement shall be resolved by binding arbitration in Honolulu, Hawaii, under AAA Comprehensive Rules before one arbitrator. Judgment enforceable in court. Provisional remedies available in court.
General Provisions
This is the entire agreement; amendments in writing only. Governed by Hawaii law (no conflict principles). Enforceable in any jurisdiction where Guest resides. Severability applies. Notices in writing to provided contacts. Counterparts and electronic signatures binding.
By booking and/or signing (electronically or otherwise), Guest acknowledges reading, understanding, and agreeing to all terms.
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