Rental Agreement

This Rental Agreement (the “Agreement”) sets out the terms under which the owner of the La'au Paina beachfront estate in Mokuleia, Hawaii (the “Property”), referred to as “Owner,” agrees to make the Property available to the guest identified in the booking confirmation (“Guest”). A confirmed booking is created only after Guest has signed this Agreement and Owner has received the deposit identified in the booking confirmation.

1. The Property

The Property consists of two residences on a single oceanfront parcel: a five-bedroom, four-bath main house (“Main House”) and a two-bedroom, one-bath cottage (“The Ohana”). Guest’s booking covers only the residence(s) identified in the booking confirmation. When only one residence is booked, the beachfront lanai, walkways, and shared exterior areas may be used by guests of the other residence.

2. Term, Check-In, and Check-Out

The rental term runs from the arrival date and time to the departure date and time identified in the booking confirmation. Standard check-in is 3:00 PM HST; standard check-out is 11:00 AM HST. Early check-in or late check-out is available only by prior written arrangement.

2.1 Minimum Term

Because of applicable local short-term-rental regulations governing the Property’s zoning, the Property is offered subject to a minimum rental term as required by law. Guest may book a longer term and is not obligated to remain at the Property for the full term; however, the rental term and amounts due are not reduced by an early departure.

3. Occupancy

Maximum occupancy and the names of all guests in the traveling party will be set out in the booking confirmation. No additional persons may stay overnight at the Property without Owner’s prior written consent. Day visitors are permitted in reasonable numbers and must observe the House Rules.

4. Rates, Payments, Taxes, and Security Deposit

• Deposit. A reservation deposit, identified in the booking confirmation, is due at signing to confirm the booking.
• Balance. The remaining balance is due by the date stated in the booking confirmation (typically 60 days prior to arrival).
• Taxes. Hawaii Transient Accommodations Tax (TAT), General Excise Tax (GET), and any other applicable taxes are added to the quoted rate and remitted by Owner as required by law.
• Cleaning fee. A one-time cleaning fee is charged per booking and itemized in the booking confirmation.
• Security deposit. A refundable security deposit or equivalent damage protection may be required and is itemized in the booking confirmation. Refundable deposits are returned within 14 days of departure, less any documented damages or fees.
• Payment method. Payments are accepted by the methods identified at the time of booking. Returned or charged-back payments may be assessed a reasonable processing fee.

5. Cancellation and Changes

Cancellations and date changes are governed by the Cancellation Policy, which is incorporated into this Agreement by reference.

6. House Rules

Guest, and every member of the traveling party, agree to follow the House Rules, which are incorporated into this Agreement by reference. The House Rules cover noise, smoking, pets, parties, parking, and other items necessary to protect the Property and respect the surrounding community.

7. Use of the Property

The Property is rented for residential, vacation, or remote-work use only. Guest may not use the Property for commercial purposes, large-scale gatherings, weddings, or events without Owner’s prior written consent. The Property is in a quiet, residential beachfront neighborhood and Guest agrees to be a respectful neighbor.

8. Beachfront Setting; Ocean Risk; Assumption of Risk

The Property is oceanfront. The ocean, the reef, marine life, and weather are inherently unpredictable. Surf, currents, tides, sharp coral, and wildlife are present in Hawaii waters. There are no lifeguards on the Property. Guest, and every member of the traveling party, voluntarily assume all risks associated with swimming, surfing, snorkeling, diving, watercraft operation, walking on the beach, sun exposure, and other activities in or near the ocean. Children must be supervised by an adult at all times.

9. Beachfront Wear and Patina

The Property is a beachfront home with natural ocean exposure. Salt air can accelerate corrosion of metal fittings and natural wear of wood, fabric, and finishes. As with any property by the ocean, not every detail will always feel perfectly new, and minor cosmetic wear is part of the Property’s character.

10. Damages and Loss

Guest is responsible for the condition of the Property during the rental term. Guest agrees to report any damage, breakage, or malfunction promptly. Guest will be responsible for the reasonable cost of any damage, loss, or excessive cleaning caused by Guest or the traveling party beyond ordinary wear and tear, up to the replacement value of affected items.

11. Owner’s Right of Entry

Owner and Owner’s agents may enter the Property for maintenance, inspection, repair, or in case of emergency. Except in emergencies, Owner will give reasonable advance notice.

12. Force Majeure

Neither party is responsible for delays or failures caused by acts of nature, hurricanes, tsunamis, flooding, earthquake, fire, government order, lockouts of utilities, pandemic, war, civil unrest, or other events outside that party’s reasonable control. If a force majeure event makes the Property unsafe or substantially unusable for Guest’s arrival, Owner will work in good faith with Guest to reschedule or refund the unused portion of the booking.

13. Termination for Violation

Owner may terminate this Agreement and remove Guest and the traveling party from the Property, without refund, for any material violation of this Agreement or the House Rules, including but not limited to unauthorized parties, exceeding maximum occupancy, smoking inside the home, or behavior that endangers the Property or the surrounding neighborhood.

14. Indemnification

Guest agrees to defend, indemnify, and hold harmless Owner, the Property’s management company, and their respective owners, officers, employees, and agents from and against any and all claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from (a) Guest’s or any member of the traveling party’s use of the Property, (b) any breach of this Agreement or the House Rules, or (c) any negligent or wrongful act or omission by Guest or any member of the traveling party.

15. Limitation of Liability

To the fullest extent permitted by law, Owner’s aggregate liability under this Agreement shall not exceed the total amount Guest paid for the booking. Owner shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of enjoyment, travel costs, or lost income.

16. Insurance

Guest is responsible for maintaining their own travel insurance and personal-property insurance. Owner’s insurance does not cover Guest’s personal property, travel expenses, or personal injury.

17. Governing Law; Disputes

This Agreement is governed by the laws of the State of Hawaii. Disputes shall be resolved exclusively in the state or federal courts located in Honolulu, Hawaii. The prevailing party in any action shall be entitled to recover its reasonable attorneys’ fees and costs.

18. Entire Agreement

This Agreement, together with the booking confirmation, the House Rules, the Cancellation Policy, the Terms of Service, and the Privacy Policy, constitutes the entire agreement between Owner and Guest with respect to the Property and supersedes all prior discussions and agreements.

A signed copy of this Agreement is delivered with each booking confirmation. The version above is provided for reference; the controlling version is the one signed at the time of booking.