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 Vacations 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. Travelers who cancel at least 30 days before check-in will get back 100% of the amount they've paid. If they cancel between 14 and 30 days before check-in, they'll get back 50%. Otherwise, they won't get a refund.
We strongly recommend purchasing travel insurance that reimburses for prepaid, non-refundable expenses that may arise due to unforeseen circumstances that could jeopardize your vacation investment and would otherwise incur unplanned expenses as well.
4. Damage or Breakage. In lieu of a security deposit, Midway charges a mandatory fee for a Damage Protection Plan. Any unintentional damages up to the amount of $500 that may occur during the stay are covered by the Damage Protection Plan. Any unintentional damages that have a value above $500 will be charged from the guest’s credit card. Intentional damages like vandalism are NOT covered by the Damage Protection Plan. Any damage to the Property must be reported to Midway before check-out. You agree that damages not covered by the Damage Protection Plan, or exceeding the waiver limit of $500, are your full responsibility. This may include damage or loss occurring during your stay, violations of house rules or policies, additional cleaning fees, and/or any fines or other costs incurred by the behavior of you or any other occupant during your stay in violation of laws or other regulations. You grant Midway the right to charge the credit card on file, used to book the reservation, for any such damages. To ensure that the proper party is held responsible, please notify Midway of any damage found at check-in.
5. Furnishings. Furniture, bedding, mattress pads, kitchen equipment, utensils or any other property supplied with the rental property must not be moved. Loss of these items, as well as damage to the property or furnishings in excess of normal wear will be charged to you. All contents of the home are the property of the owner. If something should break, you must notify Midway before check-out so that a replacement can be made. Guests are not permitted to alter the wiring of the television.
6. Neighborly Conduct. You will be staying in a privately owned property that has neighbors. Please ensure that you act in a neighborly and courteous manner towards your neighbors. Please keep noise to a minimum before 8:00 am and after 10:00 pm. Violation of this rule may result in a fine from the AOAO. Please treat the property, its furniture, fittings, utensils and other facilities with all due care and respect. Please treat the property and the neighbors with the respect you would want others to treat yours.
7. Parking pass. This clause applies only to the buildings Waikiki Banyan and Waikiki Sunset. Please check if the parking pass is in the unit as soon as you arrive to the property. If the parking pass 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, drive into the parking and stop at the parking boot. Tell the parking attendant you are a guest of Midway Vacations LLC your parking pass is in the unit, and ask to park in the loading zone for 15 minutes.
Your vehicle must display the parking pass from the rearview mirror or on the driver’s side of the dashboard with the license number portion facing forward. The license number must be clearly visible always!
Please leave the parking pass and garage key inside the unit before you check out. A $250 parking pass replacement fee will be charged if the parking pass is missing after your departure.
Key: The key in the inside of the unit is to enter the sauna, at the 6th floor, and to enter the garage during night time.
WARNING: Maximum car height 6 ft. Large cargo vans and SUVs that are lifted or have a roof rack do NOT fit in the parking garage because of the low ceiling. If a vehicle does not fit in our garage, you will be responsible for finding and paying for alternative parking at your expense.
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.
8. 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. A fee of $100 per person per day will be charged for any additional person above the maximum occupancy, staying in the property.
Please note the minimum age for renting a condo is 21 years of age.
9. Parties. No parties or events allowed in the unit or at the pool/BBQ area. Minimum fine for unauthorized events will be $500 + condo association fine for cleanup. Only guests listed on the reservation are allowed to use building amenities.
10. House Rules. Any violation of the house rules can be fined by the Building Management and will be transferred to the guest.
11. 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.
12. 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.
13. Listing Information. Information regarding individual rental properties is believed accurate but cannot be guaranteed. Particular furnishings and amenities are subject to change without notice.
14. 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 issue, please contact Midway so the Agent may attempt to eradicate the problem.
15. 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.
16. 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.
17. 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.
18. 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 10:00 a.m.
2. Damage Protection Plan/ Guest Service Fee: All reservations are subject to a Damage Protection Plan fee and Guest Service Fee
3. Incidental Charges.
- Unauthorized Late check-out: $40/hour or daily room rate, whichever is less
- Unauthorized guests (when number of guests exceed the maximum guest number: $100 per night for each guest that exceed the maximum number.
- Lost Security/Garage Keys: $75
- Replacement Parking Cards/Passes: $250
- Restoration Fee to Rearrange Moved Furniture: $100
- Un-allowed pet: $300 for removing odor plus additional cleaning
- 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. Payment of deposits must be by credit card.
8. No Pets. NO PETS are allowed in the rental.
9. Clean Upon your Arrival. 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 in the property and on the balcony.
11. AC. Please don't forget to switch off the air conditioning BEFORE YOU LEAVE the unit for a few hours and at departure.
12. 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.
ADDITIONAL USEFUL INFORMATION:
We encourage all guests to purchase travel insurance, which can protect you and your travel companions for issues, among others, related to:
Rental car damage
Covid-19 illness of you or a family member
Baggage and personal property loss
Cancelled flights due to inclement weather
Midway has very high standards for cleanliness in our properties. Midway has its own housekeeping company, with well-trained professional housekeeping employees. Our goal is to ensure the health and safety for our guests, homeowners, and our staff. Our employees are wearing face masks and gloves during the cleanings of the properties. Each property is thoroughly cleaned and sanitized after each guest departure. All linens and towels are replaced after each guest departure.
Our linens and towels are professionally laundered with the highest possible water temperature by a commercial laundry company.
ADDITIONAL OPTIONAL HOUSEKEEPING SERVICES:
We can provide additional housekeeping service for an additional charge. For all additional housekeeping services, guests are required to specify a time slot and vacate their unit while housekeepers are working. Please contact us at firstname.lastname@example.org or (808) 321-6173 for more information, or to schedule the service.
Mid-stay Cleaning: $85
Replace linens and towels (does not include blanket and mattress pad)
Empty trash cans
Sweep/ vacuum floor
Wipe kitchen and bathroom counters (dishes will not be washed)
ADDITIONAL LINEN AND AMENITIES:
We can provide additional linen and amenities for an additional charge. Our housekeepers will deliver the ordered items during the same day of the order if the order was made before 11:00 am. The items will be left on the kitchen counter, or in the entrance area of the unit, if guests are not in the unit. Please contact us at email@example.com or (808) 321-6173 for more information, or to order additional items. Minimum order amount must be $15.
Fitted of flat sheet: $3.50 each
Pillowcase: $1.50 each
Blanket: $7.50 each
Bath towel: $3.00 each
Beach towel: $3.00 each
Hand towel: $2.00 each
Washcloth: $1.00 each
Kitchen towel: $1.00 each
Toilet paper: $2.00 each
Tissue box: $3.00 each
Paper towel roll: $4.00 each
Shampoo/ conditioner/ shower gel/ lotion/ bar soap: $1.00 each
Can liner: $.050 each
Laundry detergent single pack: $2.00 each
Sponge: $2.00 each
Coffee single pack: $2.00 each