|Vacation Rental Short-Term Lease Agreement
This Vacation Rental Short-Term Lease Agreement (this “Agreement”) constitutes a contract between the undersigned person (“you”) and Midway Realty LLC. (“Midway”).
1. Reservation Requirements. Reservations are not considered “guaranteed” until Midway receives the full payment.
2. Deposit to Secure your Reservation and Full Payment. Midway will charge as a reservation deposit 30% of the total cost upon receiving your reservation. The balance will be charged 30 days prior to your arrival. If payment in full is not received by Midway 30 days prior to guest arrival, reservation may be subject to cancellation without refund.
3. Cancellation Policy. The reservation deposit is not refundable. If cancelled after 30 days prior to arrival, only the cleaning fee and vacation damage waiver will be refunded.
4. Confirmation of Reservation(s). Confirmation of your reservation will be emailed to you. Please read the confirmation for accuracy of dates, mailing address, number of adults and/or children and accommodations. You must notify Midway of any errors within one business day.
5. Damage or Breakage. You are responsible for rental charges for the full duration of the reservation and for any damages or breakage to the rental property incurred during the rental period, even if a security deposit and Damage Waiver (see above) have been paid.
6. Parking Pass. This clause only applies to our units with parking pass in the Waikiki Banyan and Waikiki Sunset. Please read this attentively. Please check if the parking pass is in the unit as soon as you arrive to the property. If the parking is missing, please contact us immediately on the check-in day by phone or email to report the missing parking pass. We charge a fee of $250 for lost parking pass.
You will need to pick up the parking pass that is in the condo before you can park in the parking garage. To do this, you can park in the taxi parking area as long as someone stays with the car.
You can also park in 15 minute parking located inside the garage. You will need to tell the attendant that you are a guest of Midway Realty LLC and that your parking pass is in the condo.
WARNING: Large cargo vans and SUVs do NOT fit in the parking garage because of the low ceiling. Call security if you have any questions (808-922-7172.) If your vehicle does not fit in our garage, you will be parking in the street.
7. Maximum Occupancy. The maximum occupancy for the rental property is the number the rental property sleeps, including children, as displayed on the Midway website for the property. The number of guests must be pre-approved by Midway, to ensure that the supply of linens matches with the number of guests. If you bring in extra guests, you must immediately notify Agent for prior approval. Additional charges may apply.
Please note the minimum age for renting a condo is 21 years of age.
8. Travel Protection. We encourage you to purchase Travel Insurance. Vacation Rental Insurance reimburses for pre-paid, non-refundable expenses due to certain unforeseeable circumstances that may jeopardize your vacation investment and force you to incur unplanned expenses. We strongly recommend you purchase this valuable protection. If not purchased, you acknowledge you have read and understand our cancellation policy (#3) and choose not to purchase Vacation Rental Insurance on behalf of all occupants. To purchase, please contact CSA at (866) 999-4018 with coverage questions, or choose and insurance company of your choice.
9. Rental Assignment Change. Midway reserves the right to require you to change rental properties without liability to Midway if the rental property unexpectedly becomes unavailable or uninhabitable. When comparable accommodations are unavailable, you will have the option of selecting from available properties or receiving a refund.
10. Mechanical Failures. Midway cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, audio visual equipment, computers or internet access, television or appliances. Please report any inoperative equipment to Midway immediately. Midway will make every reasonable effort to have repairs done quickly and efficiently. No refunds or rent reductions will be made due to failure of such items.
11. Listing Information. Information regarding individual rental properties is believed accurate but cannot be guaranteed. Particular furnishings and amenities are subject to change without notice.
12. Pest Control. Many different pests live and thrive in this region. Your unit has been professionally treated by a commercial pest control company with precise and complete preventative treatments in an effort to keep all the pests and bugs outside. Should you experience a pest control issue, please contact guest services so Agent may attempt to eradicate the problem.
13. INDEMNITY. GUEST SHALL INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS THE RENTAL PROPERTY OWNER, MANAGER, THE AOAO, AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS AND REPRESENTATIVES (“RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, SUITS, DAMAGES, COSTS, LOSSES, OR EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ALL ATTORNEYS’ FEES AND LEGAL EXPENSES, INCURRED BY ANY OR ALL OF THEM ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR RENTAL, OR USE OF ANY AMENITIES, COMMON AREAS, POOLS, HOT TUBS, SPAS, SAUNAS, BALCONIES, CONTENTS, BODY BOARDS, BEACH CHAIRS, SNORKELS, OR ANY OTHER ACCESSORIES.
LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL THE RENTAL PROPERTY OWNER, MANAGER, THE AOAO, OR ANY OTHER RELEASED PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE, THEFT, PERSONAL INJURY, DEATH, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR RENTAL. IN NO EVENT WILL THE RENTAL PROPERTY OWNER, MANAGER, THE AOAO, OR ANY OTHER RELEASED PARTIES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY YOU IN CONNECTION WITH THIS AGREEMENT, EVEN IF MANAGER, THE RENTAL PROPERTY OWNER OR ANY OTHER RELEASED PARTIES SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Acts of God. Midway shall not be liable nor deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.
15. Entire Agreement. This Agreement and Exhibit A represent the entire understanding and agreement between you, your invitees and visitors, Midway and the owner of the rental property with respect to the subject matter of this Agreement, and supersedes all other negotiations, understandings and representations (if any) made by and between such parties.
16. Governing Law; Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Hawaii. Any civil action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Hawaii.
The following must be completed. Payment of deposit does not exclude this requirement.
You are providing your credit card number as a guarantee of payment to Midway and agree to pay all rent and charges related to rental property. You accept all terms of this Agreement and accept all liability for rent and charges related to property rental, as well as any damage beyond normal wear and tear. You understand that these costs will be charged to your credit card. In the absence of another payment arrangement, you authorize Midway to charge your credit card for payment of these items.
EXHIBIT A – Rental Policies:
1. Check-In/Check-Out Times. Check-in time is after 3:00 p.m. Check-out time is by 11:00 a.m.
2. Administrative Reservation/ Processing Fee: All reservations are subject to an administrative processing fee of $138 to $178 plus applicable taxes, depending on the size of the unit (already included in the booking)
3. Incidental Charges.
- Unauthorized Late check-out: $40/hour or daily room rate, whichever is less
- Lock out assistance: $150 each occurrence
- Lost Security/Garage Keys: $75
- Replacement Parking Cards/Passes: $250
- Restoration Fee to Rearrange Moved Furniture: $100
- Violations of the No Smoking Policy: $500 for removing odor plus actual costs if anything needs to be replaced due to tar ashes or burns.
4. Provided Linens. A basic supply of towels (beach, bath & kitchen towels) and linens is provided in each vacation rental. Bed linens and bath towels are not changed during your stay.
5. Provided Starter Supplies. For your convenience, you will find a starter supply of coffee filters, laundry detergent, dish soap, bar soap, paper goods, and basic cleaning supplies. You must purchase any required additional supplies. The kitchen is not stocked with staples or spices.
6. Internet Access. All our rental properties provide high-speed Wi-Fi Internet access. Please inquire about availability of Internet access in specific rental properties.
7. Accepted Forms of Payment. Midway accepts MasterCard, Visa, American Express. Payment of deposits must be by credit card.
8. No Pets. NO PETS are allowed in the rental property or anywhere at Midway.
9. Clean Upon your Arrival. No Daily Maid Service. Midway’s cleaning staff will ensure that your rental home is clean upon your arrival. There is no daily housekeeping service included. All dishes used should be run through the dishwasher or hand washed prior to departure. Please place any used towels in the bathtub prior to departure. Sheets can remain on the beds.
10. No Smoking. All rental properties are nonsmoking, no exceptions. No smoking is allowed anywhere on Midway property.
11. Pool Safety. All use of any swimming pools, spas and the surrounding area is solely at your own risk. We request that you accompany and supervise children at all times, being extra cautious in and around the pool area.