TBD = To Be Determined
PROPOSED RENTAL AGREEMENT
Rental agreement by owner, Milan Frank Vacek, 118 Kekaha Place, Honolulu, HAWAII 96825 USA,
HAWAII TAX I.D. Number: W 25873967- 01.Attorney at Law in California & Hawaii, Real Estate Broker Realtor® in California
Property Name: www.KokoKaiThaiPalace.com = www.AlohaPalace.com , 5 Bedroom Single Family
Home with separate entry Studio Guest House, Swimming Pool and Spa, and 2-vehicle carport.
(Owner`s Separate Entry Storage/”Recreation Room” next to Carport, and Chrysler Van, are not subject of this rental agreement.)
Property Address:
118 Kekaha Place, Hawaii Kai, Triangle/Portlock, Honolulu, Hawaii 96825
Rental Agreement Start Date: TBD* ___________ Guest Arrival Date:
day-of-the-week/month/day/year
Rental Agreement End Date: TBD* ___________ Guest Departure Date:
day-of-the-week/month/day/year
The Rental Agreement Start Date and End Date indicate the 30 day minimum rental period and as indicated above will be filled out by the owner at the time of your check-in. „TBD“ means To Be Determined.
((*See Terms and Conditions 1.) Physical-Presence Rental Period)
BOOKING DETAILS:
Guest Name:
______________________________________________________________________________________________________________________________________________________
(____ days and ____ nights)
Tentative Reservation Number:
Guest Address:
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Guest phone number:
Guest E-Mail address:
___________________________________________________________________________________________________________________ _______________________________________
________________________________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________
Rental Rate (based on group of up to 15 persons)
$
USD
Hawaii General Excise (“GE”) Tax 4.712% ………..
Hawaii Transient Accommodations Tax 9.25% ……
Cleaning Fee $ 700.00 plus G.E. Tax 4.712% ($ 32.98)
732.98
Renters Property Damage Protection Insurance …………
89.00
_________________
Total Charges:
$
USD
RENTAL PAYMENT SCHEDULE:
Deposit Payment due with signed rental agreement (50%)
Remainder Payment (due 90 days prior to arrival) (50%)
DUE DATE:
AMOUNT DUE:
$
USD
$
USD
Additional nights before and after the scheduled dates in January 2015 are available at the rate of only
$ 600.00 per night plus 13.962% Tax but may no longer be available once prior month`s and/or following
month`s rental reservations are confirmed, please do not hesitate to contact us if interested.
By signing below, I warrant that I have read, understand and agree to all of the terms herein, including the
Terms and Conditions set forth below (including, without limitation, the Cancellation Policy). I agree to
abide by the restrictions stated in the House Rules for the property, as well as all terms of this Agreement.
I understand that Milan Frank Vacek is the owner and that Mr. Chad Tom, CDT Island Construction, tel.
+1 808 782 8807, cdtisland@gmail.com is an Agent of the owner during the owners` absence from
Hawaii. I further understand and represent that I have explained this Agreement and all its` terms to all
individuals in my group who are authorized to stay at the property. I am executing this Agreement on
behalf of all individuals in my group, who agree to be bound by the Terms and Conditions set forth herein.
Guest Signature: (Typing in is sufficient)___________________________________________Date: __________________
Please remember that you are renting a private home. Please treat it with the same respect you would
like shown to your own home or investment property.
Page 1 of 10 pages total
TERMS AND CONDITIONS
1. RENTAL PERIOD
In accordance with City and County of Honolulu Land Use Ordinance section 21-10.1, this property is
provided to you, exclusively, for a period of 30 days or greater. You are electing to occupy this property
for the exact days outlined in the booking details, above. By law, the property cannot be rented to or
occupied by other tenants during any portion of the 30 day term covered by this Agreement. If you should
choose to occupy property for additional nights within the 30 day rental term, a contract addendum must
be executed and full payment of any additional charges must be made prior to such occupancy. Owner or
in his absence the Agent will designate the actual dates of the 30 day (or longer) Rental Period prior to
the Start Occupancy Date.
2. PARTIES TO THE AGREEMENT
This Agreement for rental of the vacation property defined on Page 1 is entered into by and between
Milan Frank Vacek, hereinafter designed as the Owner, and the party named as Guest on Page 1.
3. EFFECTIVE DATE
This Agreement shall become effective when signed by the Guest and the owner and when the required
50% deposit of the rental and cleaning fee and taxes and renter-caused damage insurance premium or
security deposit is actually received in the owner`s checking account at the Bank of Hawaii. This
Agreement can be executed in counterparts, which together shall constitute the original Agreement. Until
the Agreement signed by renter as well as the deposit are both received by Owner the reservation is not
confirmed and is subject to cancellation in the event of a conflicting booking.
4. PRIVATE PROPERTY
Guest acknowledges that the accommodation is a privately-owned home as opposed to a hotel or resort.
As such, hotel-like amenities such as daily cleaning and bell service are not provided. In the event that
any amenity is not in good working order, Guest shall promptly notify Owner or if so instructed the
Owner`s Agent, and the Owner or his Agent will promptly make or arrange to be made such repair or
replacement as may be necessary. The Owner`s / caretaker`s completely separate-entry Storage Room
(”Recreation Room”) located next to the carport, as well as the Owner`s Chrysler Van are not the subject
of this rental contract and at all times even during Owner`s absences from Hawaii shall continue to be the
Owner`s official residence on the island of Oahu in Hawaii.
5. CONDITIONS OF RENTAL
a) This reservation is for quiet residential vacation accommodations only. Therefore, parties, receptions,
luaus, events, and gatherings and any loud or disruptive activity of any kind are strictly prohibited.
b) Check-in time is 3:00 pm. Check-out time is 10:00am.
c) No additional persons beyond the maximum occupancy of the house (17 persons) are allowed on the
property at any one time, unless disclosed and agreed to by the owner, in writing by e-mail or at least by
SMS text message. The names of all guests staying at the property must be listed on Page 9 of the
Agreement (or communicated to the owner when they arrive). If the names of the guests in your group
change, this must be communicated in writing by e-mail to: milan@vacek.cz or SMS Text message to:
+420602386644 prior to tenancy of additional parties. Additional guests beyond those identified in the
Agreement are not permitted unless agreed upon by the Owner and/or his Agent at a rate of $80 per
person per night. The owner does not verbally confirm additional guests.
d) Guest’s reservation is accepted for one family or group of individuals for this accommodation only and,
unless disclosed to and agreed upon by Owner or his authorized Agent, will not be used in combination
with other accommodations.
Page 2 of 10 pages total
e) Quiet hours are from 10 pm to 8:30 am. Guest’s use of the property is subject to local noise
ordinances, therefore loud amplified music is not allowed. Noise complaints are subject to local law
enforcement intervention. Law enforcement intervention will be deemed a breach of this Agreement and
may lead to cancellation.
f) The property shall be in the same condition upon departure as at check-in, normal wear and tear
excepted. Guest is responsible for any and all damages of any kind and nature that may occur to the
property, furniture, and other items on the premises during the term of this agreement. Guest is
responsible for the full replacement cost of any lost or broken items and for excessive cleaning costs.
Guests shall:
i. Move all trash to the bins provided.
ii. Place cover on grill, if provided.
iii. Run dirty dishes in dishwasher.
It is not necessary to re-make beds at departure. Used towels should be left in the bathroom and will be
taken care of by the Owner or his authorized Agent’s cleaning crew. Guest shall not re-arrange furniture.
g) If Guest locks himself/herself out of the premises, a $100 lockout fee will be charged against the
security deposit. Similarly, police response to false alarms due to improper use of any alarm system will
be charged to the Guest at a rate of $100 per event.
h) Guest may not sublet or assign this Agreement.
i) Smoking inside the rental accommodation is expressly forbidden and will lead to cancellation..
Guest is advised that smoking is prohibited in most public places in Hawaii, and should check local
ordinances for detailed information.
j) Guest may cook only in areas specifically designated for cooking in the unit. The propane stainless
steel grill which is stored in the entertainment area under the separate Guest House adjacent to the pool
is not to be used in that location but should be moved outside of that area depending on the wind
conditions to a suitable outdoor level open-air location prior to firing up to avoid smoke from the grilling
from entering the Guest House or Main House.
k) Guest must immediately notify Owner or his authorized Agent of any fire or other damage or injury to
the property or any person on the property. No lighted candles are to be left unattended even
momentarily in any room at anytime due to the extreme fire danger of any open fires in a wooden
structure.
l) Guest shall be liable for all acts of the family, invitees, employees, or other persons invited onto the
property by Guest.
m) Guest shall be responsible upon departure for returning all keys and wireless gate openers in the
place designated for them to be left in, and all television, VCR, Set Top Box, Electrical Fan and other
remote control devices shall be left in visible locations near the appliances that they operate.
n) Guest shall abide by the Owner`s House Rules and equipment operating instructions as provided to
Guest upon check-in, and in the Guest Book and/or video DVD especially prepared for Guest to help
make your stay as enjoyable and trouble-free as possible.
o) Guest shall not bring any pets onto the property.
p) Fireworks and firearms and weapons of any type are expressly forbidden on the property.
Page 3 of 10 pages total
q) Guest understands that neither Owner nor his authorized Agent can guarantee that adjacent properties
will be free from disturbances and/or not be under construction, being repaired or maintained in any way,
or that State construction projects will not be in progress around the rental unit. Construction on adjacent
properties or construction conducted by the State is not reason for termination of this Agreement, nor is it
a reason for the refund of any monies to Guest.
r) Guest understands that Hawaii is a tropical climate in which insects, rodents and lizards flourish. You
will undoubtedly encounter these pests during your stay and understand that the Owner or his authorized
Agent will make their best efforts to hold to an absolute minimum your interaction with these pests.
Contact with a pest inside or outside of your rental is not reason for termination of this Agreement nor is it
a reason for refund of your monies. Likewise, beautiful and inquisitive and friendly “Praying Mantis” green
and also brown – colored insect-eating insects whose ancestors were purposely introduced by Owner to
the property in an egg-casing will delight you outside in the garden, and occasionally one might wander
inside the house, please do not kill them and help them find their way back outside. Geckoes are a very
friendly and useful lizard that is able to literally run up and down walls and even ceilings and cling to
vertical glass surfaces (can you do that?) and love to feast particularly on flying insects and are welcome
in most Hawaiian homes as pets, besides you would have a difficult time trying to catch one anyway. The
beautiful little KOI FISH which are in the tiny fish pond just outside the mezzanine level of the main house
will be grateful and particularly your children will delight in feeding them the special round Koi Fish pellet
fish food but please be sure to limit the feeding to only a small quantity of pellets that the Koi Fish will eat
while you are watching them or in any case within approximately twenty minutes, otherwise the food may
begin rotting in the water and necessitate changing the water in the pond, which is not a big problem and
if you have the time you are welcome to use the garden hose to spray some fresh tap water to help
replace some of the water in the pond, but please do not over-do it because there is a drain in the side of
the plastic pond-basin which drains onto the dirt foundation under the house and so the underside of the
house would be soaked and might cause problems while the water in the little pond will never actually rise
up above and spill over the side of the pond basin, so “easy does it” please. On the other hand if you like
to irrigate fruit trees and vegetables as much as I do you are welcome to use the other garden hose and
water the fruit trees etc., because while there is a drip irrigation system to bring water to most of the
recently planted Papaya, Mango, Avocado, Pomegranate, Lime, and Banana trees, if it has not rained for
several days they will be grateful if you water them a bit and you will have time to let your mind relax.
s) It is customary to remove one’s shoes prior to entering a home in Hawaii. Red dirt is common in Hawaii
and may stain carpets if Guests do not remove their shoes prior to entering a rental. Guest is financially
responsible for the removal of any stains or damage done to carpets and upholstery.
t) Guest and other invitees shall use the outdoor pool and the whirlpool spa at their own risk. Guest
agrees and acknowledges that use of a pool, spa or the ocean is inherently dangerous, especially for
children, the elderly or disabled persons. Guest agrees to supervise all children and to provide any
assistance that may be needed by elderly, disabled or other persons. Guest hereby assumes all liability
for all claims for property damage, personal injury and death arising out of Lessee's (and Lessee's
invitees') use of the pool, spa, beach or ocean and agrees to indemnify and hold harmless the Owner and
his authorized Agent from any such claims.
Page 4 of 10 pages total
u) Guests may make use of recreational equipment found at the property, including the two bicycles (if left
accessible) and jumping ropes, pool toys etc. Particularly as regards the bicycles however Guests are
hereby warned that the bicycles are not professionally maintained, most likely will need to have more air
pumped into the tires and the brakes checked prior to use, and should only be used by adults in good
health and wearing safety helmets. At no time should Guest or his entourage attempt to ride any bicycle
down the steep driveway, and even riding down the Kekaha Place cull-de-sac street down hill requires
skills in applying the brakes and therefore walking the bike down the driveway is necessary and walking
the bicycle down the Kekaha Place street is highly recommended, after that the streets are fairly level and
fun to ride. Guest should beware and make aware his entourage that there are certain risks inherent to
persons and property located adjacent to the ocean. Guest and his entourage assume all such risks,
including those associated with water activities, and acknowledges that the Owner would not rent this
property unless the Guest accepted these conditions and assume these risks. Signing this Agreement
constitutes acknowledgement of such risks and Agreement to the hold harmless provisions of this
Agreement.
v) The House telephone with convenient extension phones and/or phone cords installed in every
bedroom of the house is provided for the convenience of guests and may be used to make unlimited calls
to all ordinary cell-phone or land-line telephone numbers within the 50 States of the USA only. The
telephone line is provided by the telephone company on a plan which allows unlimited calls within the
United States to any normal telephone number whether land-line or cell-phone but does not allow phone
calls to any foreign countries nor to any special telephone numbers whether in the United States or
elsewhere that would incur special charges of any kind over and above the fixed monthly cost of the plan,
therefore no collect calls are possible from these phones nor is directory assistance accessible but there
are telephone directories provided for your convenience and internet connections and WIFI available in
every room. Guests are encouraged to make use of the house telephones as much as they wish during
their stay and can instruct their family and friends on the mainland to call them on the House telephone
number during their stay. Landline telephone call use when accepting calls from your relatives and friends
is especially recommended when children or persons with pacemakers will be listening in on or joining the
telephone conversation to protect them from the harmful effect of cell-phone radiation. It is also possible
to make entirely free video-conferencing calls via Skype.com using the large format LED television either
in the living room or in the separate Studio Guest House using your own Skype account provided that
your callers are also using a computer connected to the internet, have the free Skype software installed
and have a built-in (or externally connected and installed) web camera with microphone and a Skype
account. Skype can also be used to make very inexpensive calls to practically any phone number around
the world even to persons who do not use a computer or do not have an internet connection provided that
you have a Skype account with at least a minimum balance which you can charge to your credit card.
w) Guest acknowledges that the property Owner and/or his authorized Agent retain the right to enter the
property for any reason, including showing the property to a prospective renter or buyer, by giving Guest
at least 24 hours notice of such showing.
x) Guest acknowledges that routine maintenance, such as lawn and pool service, pest control, etc., may
be provided at the property. Service providers arrive without notification, and Guest agrees to allow entry
to exterior portions of the property without restriction. Service providers have agreed to be minimally
disruptive to Guests using the property.
y) Guest agrees and acknowledges that this rental arrangement is not subject to the residential
landlord/tenant code of Hawaii (Hawaii Revised chapter 521) because this is not a long-term residential
rental.
Page 5 of 10 pages total
6. REPAIR AND SERVICE CALLS
Owner and/or his authorized Agent do not guarantee against mechanical or electrical failure of fans,
lights, televisions, VCRs, DVDs, or other equipment. The ELEVATOR which connects all three levels of
the main house is to be operated at all times only by adults, small children are not to be allowed to play in
the elevator nor use the elevator without an adult present in the elevator cabin. Use of the elevator is
expressly at the Guest and his entourage`s own risk. Guest agrees to report any inoperative items to
Owner or Agent promptly, and Owner and/or Agent agrees to make every effort to have maintenance
done quickly and efficiently. Should the elevator be damaged or become inoperative this is not a reason
for any rent reduction as there are stairs leading to all 3 levels of the main house, but since purchasing
the house there has never been a malfunction of the elevator. Should a repair person conclude that
equipment is in working order, or that failure was due to the actions of the Guest, then the charge for the
service call will be billed to Guest and Guest agrees to pay the charge. No refund or rent deduction will
be made due to failure of such equipment.
7. SECURITY DEPOSIT, OR ALTERNATIVELY, PROPERTY DAMAGE PROTECTION INSURANCE
A security deposit of $ 2,500.- USD payable by check or cash is usually required to be paid by Guest in
all accommodation rentals to cover damage to and/or loss of items from the property, unauthorized
guests, and/or excessive cleaning (as determined by housekeeping upon your departure). Check out
cleaning fees paid are for normal cleaning (or typical, or ordinary), but if there is excessive cleaning
necessary for such things as upholstery or rug shampooing, etc., then there will be an additional charge,
which will be taken out of the security deposit. You hereby authorize Owner and/or his Agent to apply
such Security Deposit to pay for such items and to charge you, via credit card, if applicable, or by written
bill for any such items if in excess of the amount covered by the Security Deposit.
The Security Deposit, if it was in fact required and received by owner, less any excess charges provided
above, shall be returned to the Guest, without interest, within 14 days of check out.
ALTERNATIVELY, the Owner and/or his Agent may at Owner`s discretion offer the Guest the option of
paying the cost of Property Damage Protection Insurance up to $ 5,000.00 USD coverage without
deductibles (conditions apply… per insurance policy) for a policy premium of just $ 89.00 USD in lieu of
part or all of the usual fully refundable security deposit, please inquire.
8. RENTAL RATES
The property is rented at the nightly, weekly, or monthly rate stipulated on Page 1 of the Agreement.
Minimum rental periods are governed by local zoning ordinance and may not be altered. The rental
amount due to Owner and/or his authorized Agent includes all charges shown on Page 1.
Total rental charges under this Agreement do not include lei greeting, daily maid service (unless noted),
gratuities, laundry charges (other than the free use of the large capacity washer and dryer in the laundry
room on the main floor of the main house), special services such as massages that Guest may wish to
order, or excessive cleaning upon departure (i.e. upholstery or rug shampooing, etc.).
9. HOLDOVER TENANCY
Notify Owner and his authorized Agent at your earliest convenience of alternate check-in and check-out
times and we will do our best to accommodate you. In the event of holdover by Guest beyond the
departure date and check-out time set forth in this Agreement, Guest shall pay an amount equal to three
(3) times the daily rate for each and every day of such holdover unless otherwise stipulated on Page 1.
Late check-outs of less than 24 hours but more than 12 hours will be charged the equivalent of one full
day’s rent.
Page 6 of 10 pages total
If the scheduled check-out at the end of the actual physical presence of the Guest is scheduled to be
followed later the same day by the physical check-in of the next Guest then the Guest who for whatever
reason did not check-out as scheduled such as in case of a missed or cancelled or delayed airline flight
agrees to move without delay into alternate accommodations such as a hotel and not prevent the already
scheduled cleaning of the house in preparation for the check-in of the next guest with confirmed
reservations in case the next Guest is arriving the same day or next day (and there is no alternate
schedule available to the cleaning crew to get the house cleaned in time before the check-in of the next
Guest) so as not to spoil the incoming Guest`s vacation expectations. If the Guest is not on premises by
the agreed check out time and date then Guest agrees that Owner and/or Owner`s Agent is authorized to
remove all personal belongings to the storage room and allow the Owner`s cleaning crew to clean and
prepare the premises for the next scheduled Guest`s arrival.
10. SALE OF PROPERTY
Guest understands that the owner of this property retains the right to sell the home at any time. In the
event the vacation accommodation is sold by the owner prior to or during the term of this Agreement,
Owner and/or his Agent will use its best efforts to provide a substitute vacation accommodation to the
Guest of equal or greater value. If Owner and/or Agent is unable to find such accommodations or if such
accommodations are not acceptable to Guest, then at Owner`s or Guest’s option, this Agreement shall be
cancelled and terminated and Owner or his Agent shall refund to Guest all payments made by Guest
under this Agreement. Thereafter, Owner, Owner`s Agent and Guest shall not have any liabilities or
obligations to the other arising out of the unavailability of the rental property and/or Guest’s travel
arrangements to Hawaii.
11. PAYMENT
A reservation deposit is required at the time of booking. The deposit will hold your reservation and
prevent booking of the property by another party. Therefore, the reservation deposit should be considered
non-refundable, except as provided in the cancellation policy below.
Payment in full is due 90 days prior to arrival, as specified on Page 1 of the Agreement. Like the
reservation deposit, the payment should be considered non-refundable, except as provided in the
cancellation policy below.
Payment may be made by bank wire transfer (the preferred method of payment particularly when booking
less than 90 days prior to arrival date) , cashier’s check, personal check or credit card (additional fee
3.5% applies to VISA or MasterCharge/MasterCard charges, fee may be higher for charges on American
Express cards). Please allow ample time for delivery if paying by check to ensure posting before the due
date. If balance due is not received by the due date, whether by declined credit card, dishonored check,
or late payment, Guest shall have 48 hours to make funds available. After 48 hours, Owner and/or his
Agent shall have the right to cancel the reservation, and all prior monies received shall be nonrefundable. Please do not send any money until you have concluded this rental agreement with the owner
and have mutually agreed on all terms and have signed it. Then you will need to wire-transfer the initial
50% deposit which is required to confirm the reservation, to the Bank of Hawaii checking account as
specified on page 10 of this rental agreement, and the owner will tell you how many days or hours you
complete this wire transfer in order to make sure that your reservation is confirmed, otherwise the owner
is free to rent to someone else.
A scanned copy of a valid government-issued identification document (passport of drivers license) is
required to purchase on the renter`s behalf the Renters Damage Liability Insurance,
Any personal information supplied by prospective and actual confirmed renters will be used only for
evidentiary purposes by the owner of the rental property and will not be shared with any other entities
except as required by law.
Page 7 of 10 pages total
12. CANCELLATION & REFUND
Guest may elect to cancel a reservation for any reason. If cancelled not less than 90 days before the start
of the rental period stipulated on Page 1 of the Agreement, all deposits shall be refunded in full, less any
credit card charges incurred. If reservations are canceled less than 90 days but more than 60 days prior
to check-in Guest will receive a 75% refund of the already received deposit less any credit card charges
incurred. If the reservations are cancelled less than 60 days but more than 30 days before the check-in
date the Guest will receive a 50% refund of the entire sum of the already received rent and/or deposit
payments less any credit card charges incurred. No refunds for cancellations made within 60 days of
check-in date unless Owner succeeds in booking an equal more lucrative reservation for the same 30-day
minimum rental period, in which case Guest will receive in total a 50% refund of the sum of the already
received funds. Reversing the charges on the credit card used for reserving the vacation rental
constitutes a breach of this Agreement and is against the Cancellation Policy. Guest grants Owner
and/or Owner`s agent permission to re-charge the credit card for payment or to collect payment by other
legal means. Owner reserves the right to require payment of the required 50% deposit and/or the
payment of the 50% final payment of the balance of the rental by bank transfer rather than by credit card.
In the event Owner or Agent must resort to other legal means to collect payment, Guest shall pay a
Service Fee of 2% of the Total Rent per month, in addition to the monies owed. Further, Guest will be
liable for all reasonable costs for collection of payment. If this contract is cancelled for any reason, Guest
no longer reserves the right to stay at the booked accommodation. However, this contract remains a
legally binding contract and Guest agrees to the Cancellation Policy and Conditions of Rental, which shall
remain in full force and effect until all contractual obligations are met by both Guest and Owner and/or
Agent.
13. DISPUTES
All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction and venue of the
Hawaii State courts of Honolulu County, Hawaii, (or, if there is exclusive federal jurisdiction, the United
States District Court of Hawaii) and the parties consent to the personal and exclusive jurisdiction and
venue of these courts.
14. ENTIRE AGREEMENT
This Agreement, including the provisions of Page 1, along with credit card and banking Agreements used
to pay for the accommodation and the invoice/receipt for payment, constitutes the entire understanding of
the parties with respect to its subject matter. There are no other Agreements, verbal or otherwise, aside
from those expressly set forth herein. The Agreement cannot be modified except by a written instrument
signed by both parties. Further, this Agreement superseded any and all other Agreements, either oral or
in writing, between the parties with respect to this subject matter.
15. SEVERABILITY
If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or
unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid,
or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered
modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified,
it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality,
invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or
enforceability of any other provision of this Agreement.
16. HOLD HARMLESS
Owner and/or his Agent does not assume liability for loss, damage, or injury to persons or their personal
property. Further, Owner and/or his Agent does not accept liability for any inconvenience arising from
temporary defects or stoppage in supply of water, gas, electricity or plumbing. Guest shall at all times
during the term of this Agreement and thereafter, indemnify, defend, and hold harmless Owner and his
Agent against all claims and expenses, including legal expenses, of any kind whatsoever arising from
Guest’s rental of and activities on the premises.
Page 8 of 10 pages total
17. TERMINATION
As a remedy for violation of any of the stated conditions of rental in this Agreement, Owner and/or his
Agent reserves the right, but is not limited or required to, to terminate this Agreement and evict the Guest
from the property without any refund of collected money and may keep all or any portion of the Security
Deposit.
18. LIMITATIONS
Owner`s Agent (during Owner`s absence from Hawaii) is acting only as an intermediary for the owner of
the property. Under no circumstances shall the Agent, the Owner, or their respective employees be
responsible for any loss, expense, damages, claims or injury, whether direct, indirect, consequential or
otherwise whatsoever, caused or incurred whether arising in contract, or otherwise in law or equity as a
result of rendering of the services or accommodations as described in this Agreement or as a result of
any delay(s), substitution(s), rescheduling(s), or change(s) in the services or accommodations arranged
by Owner or his Agent. Additionally, the Owner, Agent, and/or their respective employees shall not be
responsible for any loss, expense, damages, claims or injury, whether direct, indirect, consequential, or
otherwise, caused by reason of military actions, acts of God, or by any Agents, employees,
subcontractors, servants or services as provided or substituted. Owner and/or his Agent shall at all times
act in good faith and use its best efforts when required under this Agreement to substitute with
accommodations of a type comparable to those contracted. Owner and his Agent reserves the right to
refuse or discontinue service to any person(s) and/or to rescind any contract for accommodations. Owner
and/or his Agent will not be liable under any circumstances, including substitutions, to refund any unused
portion of booked accommodations or services. Owner and/or his Agent and their respective employees
are not responsible for theft or damage of personal property and no refunds will be given for any such
occurrences. Guest and all occupants have been advised not to leave personal articles in locked
vehicles, even if in the trunk; to always lock their vehicle; and to always secure the vacation rental home.
A safe is provided in the Master Bedroom for the convenience of the Guest, however neither Owner nor
his Agent accept responsibility for loss of any valuables that Guest may choose to store in the safe.
GUEST INFORMATION
Head of group: __________________________________ Age ______
Please provide names for all members of your party. Maximum Occupancy: 15 (unless authorized in writing by Owner)
Price quoted is based on accommodations for a maximum of altogether 15 persons.
Name ___________________________ Age ____ Name ___________________________ Age _____
Name ___________________________ Age ____ Name ___________________________ Age _____
Name ___________________________ Age ____ Name ____________________________Age_____
Name ___________________________ Age ____ Name ___________________________ Age ____
Name ___________________________ Age ____ Name ___________________________ Age ____
Name ___________________________ Age ____ Name ___________________________ Age ____
Name ___________________________ Age ____ Name ___________________________ Age ____
Name ___________________________ Age ____ Name ___________________________ Age ____
Name ___________________________ Age ____ Name ___________________________ Age _____
Contact cell-phone numbers of GUEST and/or entourage:
_________________________________________________________________________________________________
Additional phone numbers:______________________________________________________________
Page 9 of 10 pages total
ARRIVAL INFORMATION
Please take a moment to provide us with your arrival information. If you do not know your exact arrival
information at this time of signing the agreement please inform us as soon as the information is available.
Guest’s Name(s): _____________________________________________________________________
Date of arrival: ___________________ Arrival Time: _______________________________ (AM or PM)
Flight #:____________ Airline: __________________________________________________________
Departure Time: __________(AM or PM)
This will help us to better coordinate your checkout.
The Owner or the Owner`s agent will meet you at the home on the day of your arrival or if unavailable or
in case of unforeseen circumstances or agreed procedure shall give you instructions with the
combination code of the key lock-box which is located directly to the left of the main door of the house
and there shall be a Guest Information Book & video for your convenience with all necessary information.
In case of any problems or questions please call Milan Vacek at: 8184345633, or 011420 602386644,
or owner`s Agent Mr. Chad Tom, CDT Island Construction at: +1 808 782 8807, cdtisland@gmail.com
PAYMENT OPTIONS
1. PAYMENT BY WIRETRANSFER: This is the preferred method of payment guaranteeing the
quickest processing of your payment directly into the owner`s special home-rental bank account:
Account name: Milan Frank Vacek, www.AlohaPalace.com account
Bank Of Hawaii Routing Number: 121301028 . Account number: 0075359438 .
Swift number: BOHIUS77 (For International Wires)
Bank address: Bank
Bank name: Bank Of Hawaii Tel.: (888) 643-3888
of Hawaii, Hawaii Kai Branch, 7192 Kalanianaole Hwy., Honolulu, Hawaii 96825
Information that must be included in the wire:
a) Renter`s Name and address:
__________________________________________________________________
b) Property address: 118 Kekaha Place, Honolulu, Hawaii 96825, or simply “AlohaPalace.com”
c) Reservation date:
day-of-the-week/month/day/year
_________________ thru
day-of-the-week/month/day/year
____________________
2. PAYMENT BY CREDIT CARD: If you need to pay by credit card there will be a 3.5% additional fee.
The owner reserves the right to require payment by bank transfer and/or e-check rather than by credit
card. Please e-mail a scanned copy of the bank transfer document to: milan@vacek.cz to ensure
crediting to your account
3. PAYMENT BY BANK CHECK OF PERSONAL CHECK: This form of payment must be pre-approved
by Owner who will specify to which address to send the check depending on whether Owner is in Hawaii
or in Prague or elsewhere, and any checks must be made out payable to: Milan Frank Vacek. Bank
wire-transfers are always preferred because the funds go directly into the special house rental account of
the Owner who is able to verify receipt of payment immediately upon the funds being wire-transferred.
4. PAYMENT BY CASH: Payment by cash is acceptable only by previous agreement and payment must
be made in person to owner in Hawaii. No Guest may check in prior to full payment. If you have any
questions or further needs regarding payment options, please contact the owner: Milan Frank Vacek, tel.:
011420 602386644 or 011420 323631188 (or +1 818 434 5633 but only when owner is in the USA, otherwise the USA
cell-phone is usually not even turned on and so please be sure to try to call Milan Vacek at the Czech phone numbers at this time).
Please always also send a confirming SMS to the owner at: +420 602386644, or e-mail: milan@vacek.cz
Once you have paid the deposit please be sure that you have “signed” and dated each page at the bottom and e-mail to owner.
After we receive your required 50% deposit we will e-mail to you this rental agreement signed by the owner Milan Frank Vacek
Page 10 of 10 pages total.