VACATION RENTAL AGREEMENT
Please carefully review this Rental Agreement ("Agreement") in its entirety. It
will govern your rental arrangement and legally binds the person who has made a
reservation ("Guest") through rosiesrentals.com (the "Site") to rent a
condominium vacation rental unit (the "Unit") from the owner of such
unit (the "Owner") to the terms set forth herein. This Agreement is
entered into by and between Owner and Guest. Owner and Guest acknowledge and
agree that neither rosiesrentals.com or its owner, 0904377BC Ltd. a British
Columbia Corporation, nor any manager or employee of 0904377 BC Ltd. are
parties to this Agreement and do not bear any responsibility or liability with
respect to the Unit, or with respect to any services to be provided by Owner or
other third parties to Guest. "Guest"
may also be referred to in this Agreement by the terms "you,"
"your" and similar terms.
RESERVATIONS, PAYMENT TERMS AND FEES
accommodations through the "Site" and making your payment constitutes your
agreement to all such terms, conditions and requirements of this Agreement.
secure your reservation, you are required to agree to the terms and conditions
contained in this document:
On the rosiesrentals.com website, you
will find a check box at the bottom of the Reservation Request page on each of
the units. Fill in the information on the form, read this form and if you agree
with the terms and conditions, check the box "I agree to the rental terms and
To submit this Agreement by mail,
simply print the Agreement, sign and date it to the address below.
Reservations are not considered
"confirmed" until the booking is finalized and the Deposit charged to
Guest by or on behalf of Owner are received and have cleared Owner's bank
A Rental Confirmation shall be emailed to Guest
upon booking of the Unit. Please review the Rental Confirmation carefully to
make sure that the arrival date, departure date, occupancy and accommodations
are accurate. Any errors must be directed to Owner immediately. Unless you
advise Owner within 1 hour of the receipt of the Confirmation Email or by the
Arrival Date (whichever is earlier), you will be deemed to have agreed that the
arrival date, departure date, occupancy and accommodations information
contained in the Confirmation Email are accurate.
Owner reserves the right to cancel this Rental
Agreement without prior notice, at any time and without liability in the event
of a sale of the Unit, or if the Unit becomes uninhabitable, damaged or
otherwise unavailable. In this case, a full refund will be issued to Guest.
Owner reserves the right to evict any Guest
immediately if they are found to break any house and/or association bylaw,
rules, local and federal laws, or act in a threatening, unruly or verbally
abusive manner to either Owner, its agents, building staff or other owners of
units in or patrons of the building in which the Unit is located. Any Guest
that has medical conditions or contagious conditions that put others at risk,
are not allowed to occupy the Unit at any time and if discovered, Guest will be
in default of this Agreement and Guest will be evicted immediately without any
refund or compensation and Guest shall be personally liable for all financial
costs related to restoring the Unit to its safe and original condition.
Owner has published a maximum number of guests
allowed to occupy unit at any one time. Any renter misrepresentation or found
to have exceeded this limit will be charged $100 per each day of violation
extra for a 1 bedroom condo and $200 per day for a 2 bedroom unit. No parties
or gatherings in the unit that exceed the maximum guest limit is allowed. In
addition, owner has the right to evict that tenant immediately from the unit
for misrepresentation and forfeit all rents and deposits paid.
reservations made more than 75 days prior to the check in
date, a non-refundable deposit of 10% of the full rental rate or $200,
whichever is greater, is required within 14 days of confirmation of the
reservation to secure the reservation, and the balance in full is due 60
days prior to the check in date;
reservations made more than 30 days but less than 75 days prior
to the check in date, payment of the full rental rate is required within 7
days of confirmation of the reservation to secure the reservation;
reservations made less than 30 days prior to the check in
date, payment of full rental rate is required within 2 business days of
confirmation of the reservation to secure the reservation, via overnight
courier or Paypal (see below).
reservations made less than 7 days prior to check in,
payment in full is expected within 2 business hours of confirmation, via
only accept checks drawn on US Dollar accounts (personal OK) or bank
drafts. In an effort to keep our rates as low as possible, we do not
formally accept credit cards. To accommodate guests who would
like to pay with their credit card, we can send a PayPal invoice, but
PayPal charges a 3% fee for their service, which we then add to
the invoice. The only way to pay by PayPal is to pay a PayPal invoice
that we have sent you.
guests - please do not write a check on a Canadian Dollar account and mark
it "US Dollars". Our bank does not accept these checks.
or money orders shall be made payable to rosiesrentals.com
and sent to:
BC V4P 1H4
or bounced checks will incur a service charge of $35.00 for processing
rates subject to Hawaii State taxes. If taxes change after the booking is
made but before occupancy, the rate will be adjusted.
addition to the nightly rental rates, the following fees apply:
reservation fee of $25.
- A cleaning fee of $125 for one bedroom units, $150 for
two bedroom units. Daily cleaning or housekeeping is not included; the
cleaning fee is for cleaning before and after your stay.
2.0 CANCELLATIONS AND CHANGES
2.1 Cancellations. We hope you do not have to cancel, but if it happens:
- All deposits are
non-refundable and forfeited upon cancellation. No exceptions
- Reservations may
be cancelled and deposits may be forfeited where payments are not received
within the time limits identified in this Agreement.
- For cancellations received
after the final payment has been made, payments will be retained by Owner. If
the space can be re-rented, a pro-rata refund will be issued for any of the
days that have been re-rented, less a 25% fee.
- All cancellations must be received
in writing, by mail or email.
- Guest should consider
acquiring third party travel insurance if there is a risk of cancellation. We
currently do not offer this type of coverage.
2.2 Changes. We
hope you do not need to make changes, but if you do:
- There is no guarantee that
changes can be accommodated - check first!
that result in occupancy gaps of less than 7 nights are generally not permissible.
- Changes are permissible
entirely at the discretion of Rosiesrentals.com.
- Permissible changes within
48 hours of booking are free.
- Permissible minor changes (moving
arrival or depart date by a few days) after 48 hours of booking will result in
a $25 fee. Permissible major changes more than a few days results in a 10% fee.
Guest rebooks at a higher season, Guest will be required to pay any
difference between the rate at the time of the original booking and the
rate at the time of the new booking. There will not be any refunds if
Guest books at a lower season.
- In no case can a reservation
be moved more than 1 year from original check in date.
or reservations that are not honored will result in forfeiture of entire
rent due with no credit toward any future reservation.
arrival or early departure does not warrant any refund, regardless of situation,
including but not limited to inclement weather and flights delays or
GENERAL TERMS, CONDITIONS AND DISCLOSURES
Check In and Check Out. Check In is at or after 4:00 p.m. Hawaii Standard Time. Check Out is required by 10:00 a.m. on the day of departure, unless early
check in or late checkout has been authorized in writing. Refunds or other
adjustments are not available if housekeeping requirements or extraneous
circumstances delay your Check In. You will be provided instructions for check
in with your acknowledgment of final payment.
Occupancy. The number of all guests staying at the rental when the
reservation is made is recorded. If the number of guests in your group changes,
this must be communicated verbally and confirmed in writing to Owner.
Additional adult guests beyond those initially identified may not be permitted
and may result in an additional fee per person. One guest must be over the age
Parking. There is only 1 parking space for each allotted unit. You need to
register your car at the front office to receive a parking permit that must be
displayed on the car. If the office is closed when you check in, please
register with the office the next time it opens.
Telephones, Internet and Cable TV. Telephones
are provided and there is no charge for calls anywhere within Canada
or the United States. Do not make calls on the phones provided outside of the US
and Canada. Free wireless internet is available at no charge. Wifi, telephone and cable TV services failure is at the control of
the companies that offer the service and in no way is the condo owner
responsible for its service or any interruption that may occur.
Use. Please respect the privacy of the other occupants and guests,
including the quiet hours between 9:00 p.m. to 8:00 a.m.
unit must be used for residential vacation rental purposes only. Special
events, such as parties, receptions and group events are not permitted without
prior written consent from the Owner.
the unit is not permitted.
basic supply of linen is provided in each property. Bed and bath linens are not
exchanged during your stay. The start up set of bath soap, toilet paper, paper
towels and trash bags are not replenished.
the premises for any illegal activity including, but not limited to, the
possession, serving, or consumption of alcoholic beverages by or to persons
less than 21 years of age, is forbidden.
shall permit no activities in the unit or on property that are contrary to any
law, ordinance, homeowner association rule or regulation, and/or any applicable
health and/or fire department or insurance policy provisions.
shall not be liable for events beyond Owner's control which may interfere with
Guest's arrival or occupancy, including but not limited to Acts of God, acts of
government agencies, fire, strikes, war, inclement weather or travel delays. No
full or partial rebate or refund will be offered in these circumstances.
retains the right to enter the Unit at any time to inspect or to perform
maintenance as needed regardless if Guest is present or not.
is responsible for Guest and Guest's family and friends and all others that
Guest permits to occupy, enter or use the Unit ("Guest's Family and
Friends"). Guests and Guest's Family and Friends will abide by all house
rules of the AOAO of the property and any breach of these rules will result in
immediate eviction and forfeiture of all funds received.
in its sole and unfettered discretion, reserves the right to refuse or
discontinue service to any person(s) and/or to rescind any contract for
accommodation or guest services.
Place rubbish, debris and discards in trash room down the hall.
Place soiled dishes in the dishwasher and turn on.
Put all used linens in a pile on the bedroom floor.
Turn off lights and fans, close windows and lock doors.
DAMAGE FEE: Guest shall be responsible for all damages caused by Guest and
Guest's Family and Friends. Without limiting the foregoing, an additional fee
of up to $2000 may be charged for the following:
Damage to the Unit or the building in which the Unit is located or loss or
damage to any contents of the Unit or the building in which the Unit is
located, beyond normal wear and tear.
Additional expenses and cleaning due to smoking in the Unit or on the lanai
(balcony) of the Unit, sand in unit, contraband, pets, collection of rents or
services rendered during the stay or unpaid accrued charges during the stay.
Lost or damaged linens.
Early check-in or late check-out.
Guest is evicted by Owner (or representative of Owner), the local law
enforcement, or the security company employed by the building in which the Unit
is located, the resort or property.
Damaged property, missing property, or extensive cleaning due to Guest leaving
the premises in an untidy condition.
acknowledges receipt of the rules of the homeowners association with their rental
confirmation and agrees to abide by all said rules. Eviction
or fines can be assessed and charged for each occurrence of violations that
have been committed and/or tenant can be evicted immediately in which case
Guest will forfeit all monies paid.
addition, all items left in the Unit may be disposed of as these are deemed as
abandoned items and neither Owner nor Owner's agents are responsible for their recovery
3.7 Furnishings and Contents of Unit. The
unit is fully equipped with kitchenware, linens and towels and a starter supply
of soaps and paper products. Additional supplies that may be needed are your
responsibility to purchase. Bed, bath and beach linens are not exchanged during
your stay. All special requests are handled according to availability.
rental unit and the contents and furnishings are privately owed. Additional
furnishings and equipment will not be provided, and you are prohibited from
rearranging, moving or removing any contents from the unit. Do not take indoor
furniture to lanai. The cost to replace any contents destroyed, damaged, moved
or removed will be paid by Guest.
in furnishings, amenities and or decor occur from time to time and such changes
will not void or alter the terms of the rental and is not a valid reason for
cancellation or a refund.
areas for which Guest is not provided a key, such as Owner's personal storage
areas, are exempt from this Agreement and are off limits to Guest. 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.
Condition of Unit. Guests are expected to keep the
unit in good, clean condition. Garbage and rubbish shall be properly bagged to
avoid spillage or leakage.
agree to accept liability and pay for all damage, replacements, repairs and
additional services required caused by you or your guests that are outside what
is considered normal wear and tear. This includes, but is not limited to,
additional cleaning, such excessive dirty dishes or garbage removal, sand
removal, soiled upholstery or carpet stains, odor removal including smoking or
damage beyond normal wear and tear.
refunds or rent reductions will be made due to failure of appliances,
equipment, wifi, phone or cable TV services. Owner does not guarantee against
mechanical failure of TV's, VCR's, DVD's or other equipment or appliances but
will make every reasonable effort to repair or replace equipment or appliances
that were expected. Please report any inoperative equipment or appliances to
Owner or Owner's designee immediately To the on island contact at the number
listed on the Confirmation Email or in the Unit.
are responsible for reporting any and all damage to the unit prior to your
departure. If you experience any mechanical, electrical, plumbing or other
problem in the unit, please immediately report the occurrence to the on-island
contact listed on your rental confirmation. Damages resulting from delayed
reporting are the responsibility of Guest.
to the tropical nature of Hawaii and its warm climate, Maui is home to several
species of commonplace pests that may be exist in the Unit or the building or
property in which the Unit is located. These may include but are not limited to
the following: geckos, centipedes, rodents, cockroaches, mosquitoes, ants and
frogs. Although professional Pest Control is regularly utilized on the
property, Guest acknowledges that Owner has no control over the failure of such
services to prevent such pests from being present. It is recommended that you
keep screen doors closed to further minimize the occurrence of insects, and
that you cooperate with staff at all times when pest control is being
Smoking. Smoking is prohibited in the unit including the lanai, and
generally on the entire property except for two designated smoking areas.
Pets. Pets are not allowed in the unit. Nothing herein, however, shall
hinder full access to the units and the common areas by person with
disabilities requiring an assistance or service animal.
Common Areas and Beach. You are accepting and assuming all
risks involved in or related to the use of the pool, BBQ and all other common
areas, including the public beach and ocean, and with any beach chairs,
umbrellas, snorkel gear, boogie boards or other like equipment borrowed from
the unit. The common areas and unit may not be "child-proof", so please
exercise caution with children.
Safety. Natural beauty surrounds Maui but weather, surf, currents, ocean
and land conditions may be unpredictable. Please use caution in the ocean and
in any bodies of water, including the property's pool, and while hiking. You
are responsible for your own safety and the safety of your family. Any ocean
equipment provided with the Unit, such as body boards and snorkels, and island
guide books are for your enjoyment and to be used solely at your own risk. Fins
are recommended for body boarding, snorkeling and swimming. There are no
lifeguards at the property's pool or at Keawakapu Beach.
acknowledges that Owner shall not in any way be considered an insurer of
security within or relating to the Unit or the building or property in which
the Unit is located, and Owner shall not be held liable for any loss or damage
by reason of any failure to provide adequate security or any ineffectiveness of
security measures undertaken. No representation or warranty is made that any
security system or measure, if undertaken, cannot be compromised or
circumvented, or that any such system or measure undertaken will in all cases
prevent loss or provide the detection or prevention for which the system or
measure is designed or intended. Guest further specifically acknowledges and understands
that the Owner is not an insurer of the safety or well-being of occupants or
their property, and that each occupant assumes all risks for loss or damage to
property and injury to or death of persons on or relating to the Unit or the
Building or property in which the Unit is located, and surrounding areas, and
further acknowledges that Owner has made no representations or warranties, nor
has or will Guest rely upon any representations or warranties, expressed or
implied, relative to the security or safety of the Unit or the Building or
property in which the Unit is located, or any security measures undertaken
within, relating to, or in the vicinity of the Unit or the Building or property
in which the Unit is located.
hereby acknowledges and agrees: (i) the State of Hawaii is periodically subject
to Tidal Wave/Tsunami/ Hurricane threats. Please refer to the local phone book
regarding inundation area and evacuation instructions should a threat occur;
(ii) Owner is not responsible for any noise pollution, delays, or
inconveniences including, but not limited to, traffic and emergency response
vehicles, parades or events, frogs, birds, and/or construction;
EXCEPTIONS: Any exception to the above mentioned policies must be approved in
writing in advance**
Guests' Violations. Any violation of the terms of this
Agreement may result in immediate eviction and forfeiture of all deposits and
fees you have paid.
Non-Liability. Rosiesrentals.com and the owner of the unit do
not assume any liability for any of the following: (a) inconveniences arising
from any temporary defects or stoppage in supply of water, gas, electricity, or
plumbing, or resulting from neighboring construction or road repairs, (b) loss,
damage or injury to Guest's personal property, or (c) loss or damage caused by
the natural disasters or other reasons beyond our control. Should the unit be
made unavailable for reasons beyond our control, another unit of equal or
higher quality may be provided to Guest for rental. If no other property is
available, Guest shall be entitled solely to a refund of any sums paid to
undersigned, for himself/herself, his/her heirs, assignors, executors, and
administrators, fully releases and discharges Rosiesrentals.com and the Owner
of the unit from any and all claims, demands and causes of action by reason of
any loss or injury of whatever nature that has or have occurred or may occur to
the undersigned or any of his/her guests as a result of, or in connection with,
the occupancy of the premises and agrees to hold Rosiesrentals.com and or the
Owner free and harmless of any claim or suit arising there from. In any action
concerning the rights, duties or liabilities of the parties to this Agreement,
their principals, successors or assignees, the prevailing party shall be
entitled to recover reasonable attorney fees and costs. However, in any action
associated with failure to pay for damages, the Guest agrees to be responsible
for all court costs and legal fees.
Acknowledgement. The Guest acknowledges and agrees that Rosiesrentals
is not licensed as a real estate broker or real estate salesperson. The Guest
shall not request nor shall Rosiesrentals be obligated to provide any services
which would require Rosiesrentals to be registered as a real estate broker or
real estate salesperson. The Guest further acknowledges that it is not
entitled to any protection or compensation that it may be entitled to if
Rosiesrentals was registered as a real estate broker or real estate
Captions, Attachments, Defined Terms. The
captions of the paragraphs of this Agreement are for convenience only and shall
not be deemed to be relevant in interpreting or construing this Agreement. The
word "Owner" as used herein shall include the plural as well as the singular.
Words used in neuter gender include the masculine and feminine, and words in
the masculine or feminine gender include the neuter.
Entire Agreement. This instrument, along with
any exhibits hereto and the documents incorporated herein by reference, may be
altered, amended or revoked only by an instrument in writing signed by both
parties. The parties hereby agree that all prior or contemporaneous oral
agreements between and among themselves and their representatives are merged
into or revoked by this Agreement.
Law. This Agreement shall be governed and construed by the laws of the
Province of British Columbia and the federal laws of Canada applicable
therein. Each of the parties hereto and their respective heirs, legal
representatives, successors and assigns hereby irrevocably attorn to the
non-exclusive jurisdiction of the courts of the Province of British Columbia
with respect to any matters arising out of this Agreement.
5.4 Severability. If any term or provision of this Agreement shall, to any extent,
be determined by a court of competent jurisdiction to be invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby,
and each term and provision of this Agreement shall be valid and be enforceable
to the fullest extent permitted by law.
5.5 General. The
terms and conditions of this Agreement may be revised at any time by updating
this posting. You should visit this page from time to time to review the
then-current Agreement because the terms will be the ones that will govern the
relationship. Certain provisions of this Agreement may be superseded by
expressly designated legal notices or terms located on other pages on the www.rosiesrentals.com
website. This Agreement is governed and construed in all respects in accordance
with the laws of the province of British Columbia, regardless of the state or
place of domicile or residence of the parties to this Agreement. This Agreement
supersedes all prior oral discussions, written information, e-mails or fax
communications. If we have to give any notice to you, then we can deliver it to
any occupant of the Unit who appears to be 18 years or older, whether or not
such person is the "Guest" identified in the Confirmation Email. By
serving an occupant in this manner, notice shall have been given to all of you.
If we cannot deliver a notice to you, we may post the notice in a conspicuous
place on the Unit.
submitting this agreement by mail, please sign below and mail it to:
Surrey, BC V4P 1H4