Last Updated: June 27, 2025
Rental Agreement
This Short Term Rental Agreement (hereinafter: the “Agreement”) is entered into and made effective as of the signing date by and between the Property Owner/Operator (“Owner”), Polu Hawaii Properties LLC dba Polu Hawaii Vacations, and [Guest Name] (“Guest”) and their accompanying group, (together - the “Parties”). Terms not specified in this Agreement shall be in accordance with the House rules or the Reservation policies which are provided separately by the Owner.
The parties agree as follows:
Accommodation Terms
- The Guest agrees to abide by all rules and regulations set forth by local laws.
- The Guest shall behave in a respectful manner and shall be good neighbors respecting the rights of the surrounding property owners. Creating a disturbance of the above nature shall be grounds for immediate termination of this agreement.
- The Guest commits not to use the property for any illegal or commercial purpose, including but not limited to sub-lease the property or otherwise allowing anyone or more people to stay above the maximum permitted or if not previously agreed with the Owner.
- The Guest is responsible for any breakage or damage costs (or related costs) in or to the property - along with any extra costs that may result - which are caused by the Guest or any members of the Guest’s party.
- The Owner can refuse to allow the Guest into the property or ask the Guest to leave if they reasonably believe the Guest or any member of the Guest’s party (or any other person invited by the Guest to the property) are behaving illegally or that any damage is likely to be caused, has been caused or is being caused as a result of the Guest behavior or any members the Guest has invited to the property and without providing a refund of any payment the Guest has paid for the booking and the Owner will not be legally responsible to find any alternative accommodation.
- Parking is limited to designated parking areas only.
- The Guest must not hold events (such as parties, celebrations or meetings) at the property without the advance written consent of the Owner. Any of these cases will allow the Owner to terminate the Agreement without providing a refund of any payment the Guest has paid for the booking and the Owner will not be legally responsible to find any alternative accommodation.
- The Guest must allow the Owner or their representative (including workmen), with reasonable notice, access to the property at any reasonable time during your stay (except in an emergency or if a problem needs sorting out quickly and you cannot be contacted in time. In these situations, the owner can enter the property at any time without giving you prior notice).
- The Guest is obliged not to make any changes in the rented property without prior receipt of agreement from the Owner in writing.
- By agreeing to these Terms & Conditions, as acknowledged by signature below, the Guest waives, discharges and agrees to hold harmless Owner from all damages or injuries arising from or related to the Guest stay at Property, including without limitation, any accidents or injury to the Guest, Guest’s visitors and associates, and loss of money, jewelry or valuables of any kind. The Guest is responsible for keeping his valuables safe at all times.
Additional Policies such as Rates and Fees, Check-In/Out Time, Cancellations, Minimum Stay, Smoking, Pets, Maximum Guests allowed, Children and age, Security Deposit etc. will be according to the House rules or the Reservation policies which are provided separately by the Owner.
General
● Any change and/or in addition to this Agreement, House rules, and Reservation Policy will be valid only if it is carried out in writing and all sides have signed.
● Any announcement sent to either of each side from the other by registered post in accordance with the precise address written in the introduction of this contract will be considered if received after 96 hours from the time of sending it from the post office.
● This Agreement (including any House rules or Reservation policy) expresses and reflects all that was agreed between the parties and cancels any agreements and/or other understandings between them.
Polu Hawaii Vacations reserves the right to add, remove, or modify any part of our terms of service. By doing business with us, you agree to our terms of service.
Section 1: Advertised Rates
Polu Hawaii Vacations may update advertised rates for vacation rentals and extra services without notice to potential travelers. By confirming your reservation your rate is solidified and will not change. Additional services may be offered to you at the time of booking, prior to your arrival, and after your departure. Unless otherwise stated in writing, extra services are not included in the base nightly rate.
Section 2: Booking Conditions
We require your personal information to complete your reservation. This includes but is not limited to: Full name, date of birth, email. phone, government issued ID number and photo proof of the document, bank account details, full legal address of your primary residence, country of residence, and other information that may be required for certain vacation rental properties. Failure to provide all requested information will result in a cancellation of your reservation in line with our cancellation policy. The main contact on the reservation must be present at the time of check-in. We reserve the right to cancel reservations if there is a suspicion of fraudulent or illegal activity. In some cases, we may request 3rd party verification of your identification documents via a service provider.
Section 3: Reseller Activities
Reselling or acting as any intermediary sales service is prohibited unless authorized in writing by Polu Hawaii Vacations management. Travel agencies may contact us to setup an account.
Section 4: Check-In
During check-in your identification documents will be confirmed. All required information must be completed by the guest one (1) week prior to arrival. Vacation rental access information will be provided after all information has been reviewed and is accurate. Please see the standard check-in and check-out times for each villa as they may be unique. Polu Hawaii Vacations does not offer a luggage holding service if you arrive to the property early.
Section 5: Guest Behavior
Guests are to treat vacation rentals in a respectful manner. Parties and events are not permitted in a vacation rental unless agreed to in writing by Polu Hawaii Vacations management. All properties are non-smoking and additional cleaning fees will be charged should smoking occur inside a home. Please respect the resort policies while on the property.
Section 6: Cancellation & Refunds
Please see the cancellation policy published on the individual rental listing pages. Guests may purchase additional cancellation waivers for the vacation rental by contacting our concierge desk. You may also purchase insurance policies through 3rd party vendors, or review insurance coverage provided by your credit card company. Reservation dates can be modified up to 90 days prior to arrival, based on availability. Cancelation terms for each property are displayed and outlined on each listing. By booking, you acknowledge and accept the cancelation terms.
Refunds will be made only under the following circumstances:
- The property rented becomes unfit for habitation and no acceptable substitute can be found;
- The property is sold by Owner, withdrawn from the rental market, change of managing agent is made, and no acceptable substitution is agreed upon.
We strongly encourage guests to purchase Travel Insurance as our vacation rentals are individually owned and monies paid are due to the property owner. Unfortunately, we are not able to offer refunds within 90 days unless they fall under one of the two circumstances outlined above.
Travel Insurance: Polu Hawaii Vacations strongly recommends the purchase of trip interruption/trip cancellation insurance to help against financial losses if trip delay or cancellation is necessitated by certain kinds of unforeseen circumstances.
Travel Insurance is not automatically included.
Section 7: Youth Groups
Groups of youth or reservations held by a person under the age of 25 will be subject to additional damage deposit conditions. In accordance with section 2, guests will be required to submit government issued ID and the main reservation holder must be present during the arrival. There are alternative methods for accepting youth group reservations. Please contact us if you are a youth group for available options.
Section 8: Additional House & Community Rules
Some resort properties may impose additional "house rules." Please review these policies upon your arrival.
Section 9: Pets
Many resort properties do not allow pets. Please speak with the concierge desk If you plan on bringing your pet on vacation.
Service Animals: If you will be traveling with a Service Animal, we must be notified in advance. Proper service animal paperwork will be required, as well as a letter/documentation from a licensed physician concerning the need of the pet. Paperwork must be submitted to us in advance and have Homeowners Association approval prior to travel dates.
Section 10: Check-out
Guests must depart the property no later than the agreed check-out time as shown on the reservation. Fees may be assessed to your account for unauthorized late departures. Late fees do not authorize the guest to remain in the vacation rental past the specified check-out times. If you are in need of a late check-out please contact the concierge desk at least 24 hours prior to departure to check availability. The guest and their party agree to follow the check-out instructions listed in the guest portal.
Section 11: Provided Beach Gear and Supplies
Beach chairs, umbrellas, and other gear may be found in the rental villa. Polu Hawaii Properties & Polu Hawaii Vacations are not responsible for any injury or harm that may occur from the use of such gear. Please inspect the items prior to use and immediately notify the concierge desk if you discover any defects. These items are provided without warranty of any kind.
Section 12: House Equipment & Kitchenware
Our vacation villas include kitchen appliances and additional countertop equipment. Please inspect the item prior to use and notify the concierge desk immediately of any defects or safety issues. Polu Hawaii Properties & Polu Hawaii Vacations are not responsible for any injury that may occur from the use of these appliances. Never use damaged equipment if you suspect there is a defect.
Section 13: Promotions
Polu Hawaii Vacations reserves the right to add, modify, or remove promotional discounts.
Section 14: Wi-Fi & Television
Wi-Fi, television, and other technology is installed in our vacation rentals. These services are provided as a courtesy to our guests. Polu Hawaii Vacations can make no guarantee of the quality of 3rd party content accessed though these services. Illegal and prohibited activities are not permitted when using the provided internet. Tampering with the devices may result in additional maintenance fees.
Section 15: Security Cameras, Noise Monitoring, & Air Quality Monitoring
Security cameras or any device that could intercept or record video/audio an area that a guest expects a reasonable amount of privacy are strictly prohibited by Polu Hawaii Vacations. Some properties may employ the use of security cameras/systems on the exterior gate or driveway. These systems are for the security of our guests and the property overall. Some resort communities may use security cameras in common areas. In some rentals, the use of noise (decibel) monitoring systems may be used to prevent parties and manage noise complaints. Noise monitoring systems do not provide audio access and only report the loudness of the environment. We may also use air quality monitoring systems to prevent indoor smoking. Please speak to our concierge desk if you have any privacy concerns or wish to clarify this policy. We take your privacy seriously and will disclose all systems installed on the property.
Section 16: ADA Accessible Units
As many of our vacation rentals are located inside private gated communities they may not be accessible to all guests. Some homes are only accessible via stairs or have other considerations. If you or someone in your party requires an accessible home, please speak with our concierge desk to explore options.
Section 17: Air Conditioning, Electrical, and Water Use
Air conditioning, electricity, and water is included in your nightly rate. We may limit the temperature range to prevent ice buildup and damage to condenser units. Electricity is very expensive in Hawaii and we thank you for doing your part in turning off lights when leaving the home. Air Conditioning units will automatically disable when doors are left open.
Section 18: Open flames and BBQ's
BBQ's and propane gas are provided in your nightly rate. Our cleaning team will make sure your BBQ is clean prior to your arrival. You should still inspect it for carbon and oil build up prior to using a grill. To help prevent fires, open flames such as torches and candles are not permitted at our vacation rentals.
Section 19: Un-authorized Guests and Access
For your safety, never allow any individual access to the property or provide door codes to those not on the reservation. You are responsible for any damage caused by un-authorized people who you gave access to the property.
Section 20: Automatic Charges and Fees
By providing your banking information or credit card number you authorize Polu Hawaii Properties (Polu Hawaii Vacations) to charge the account for any outstanding amounts pending on your account including incidentals discovered after check-out including damage, additional cleaning costs, or replacement of missing items.
Section 21: Property Damage
Upon your arrival, please report any defects or damage to our concierge desk. If damage occurs due to the gross negligence of a guest, the full cost of repairs will be charged to your account via the payment details on file. Damage due to normal wear and tear must be reported immediately to avoid damage recovery costs. You can purchase a non-refundable damage waiver (security deposit insurance) when making a reservation. View the damage deposit/damage waiver policy here.
Section 22: Accommodation Substitutions
In case the accommodation could not be occupied because of unforeseen reasons, not attributable to Polu Hawaii Vacations, the company has the right to substitute the original accommodation by other with the same or superior characteristics, without any additional payment.
Section 23: Rental Costs
Property rental for a maximum of occupants as indicated in property description. All stays are subject to nightly Rental Rate, Taxes, Cleaning Fee, 8% Reservation Fee and Damage Waiver.
Section 24: Payment Terms
• Booking 90+ days prior to arrival: No cancelation fees or money down.
• 90 to 30 days prior to arrival: Payment of 50% of the gross amount.
• 30 days prior to arrival: Remaining 50% of the rental amount.
• Upon arrival: Damage waiver.
Section 25: Beaches
All beaches in Hawaii are public; there are no privately owned beaches. Private property begins at the high tide mark or at the commencement of the vegetation line. Polu Hawaii Vacations will not be held liable or extend cancellations or refunds due to beach closures.
Section 26: Ocean Warning
Ocean swimming has certain inherent risks. Wave and current conditions and dangerous sea creatures vary from area to area, day to day and season to season. Risk and responsibility for ocean swimming rests solely and completely on occupants and guests; lifeguards are not provided.
Section 27: Pool Use & Club Use
Pool hours and rules are posted on the property. Guest acknowledges that they will adhere to posted rules & regulations regarding use of pool. Many pools have key access. Key will be in your vacation rental upon arrival. If key is lost there is a replacement fee of up to $100.00. Community pools/facility hours are subject to change and closure. Polu Hawaii Vacations will not be held liable or extend cancellations/refunds due to pool or club closures.
Section 28: Pool Safety
The pool may or may not have a separate child-proof fence immediately surrounding the pool area. Supervise children very carefully and keep all doors and gates leading to pool and spa areas locked. Use of the pool facilities is at occupant(s) own risk; lifeguard is not provided.
Section 29: Phone Service
Not all units provide landline phone service. VOIP service may be available in select properties. E911 services may not be available, and first responders will ask for your location in an emergency.
Section 30: Natural Disasters
Hurricanes, Tropical Storms and other natural disasters can occur on the Island of Hawai’i. Refunds will not be given for natural disaster impacts or evacuations. We highly suggest adding a Travel Insurance Policy that has coverage for such events.
Section 31: Pest Control
Our vacation rentals are serviced quarterly for pest control. In a tropical environment, even with diligent pest control, properties will tend to have a modicum of bugs, ants and geckos. Contact with a pest inside or outside of property is not reason for termination of this agreement, nor is it reason for a refund of monies. Polu Hawaii Vacations procures the services of local pest control companies for the application of treatments both inside and outside of the property.
Section 32: Keys/Garage Openers & Access Cards
If your vacation rental has door keys, pool keys/fobs, garage door openers or parking placards and they are not returned upon departure, fees will be incurred. Upon departure, please leave all items supplied upon arrival in unit the unit to avoid $250 fee to replace items and/or re-key locks or garage door openers.
Section 33: Maintenance & Appliances
Issues with any appliance or electrical equipment should be reported to Polu Hawaii Vacations promptly. We will make every effort to address the issue in a timely manner. Issues or failure of any appliance or equipment are not cause for refund, unit move or compensation.
Section 34: Hali'i Kai Resort Fees
All reservations/stays at the Hali’i Kai Complex in the Waikoloa Beach Resort are subject to a $25.00 plus tax per night resort fee. This is a mandatory fee. This fee is for access to overall Halii Kai complex amenities including the pool, restaurant and fitness area located within Halii Kai. This fee is not collected or paid to Polu Hawaii Vacations. Upon arrival, guests will need to register and pay the Hali’i Kai Resort Fee at the onsite office. If a guest arrives after the office is closed, they can register the next morning. This fee applies to reservations in the Hali’i Kai complex only.
Section 35: Right to Cancel
Polu Hawaii Vacations has the right to cancel any reservation within 48 hours of the time of booking with a full refund to the guest.
Section 36: Parking & Rental Cars
Car parking accommodation is only guaranteed based on the spaces advertised for the specific property. Many of the condominium complexes have rules about the maximum number of cars allowed per unit. Most condominium complexes do not allow more than two cars per unit and parking for the second car would only be on a first come, first serve basis in unmarked or guest parking spaces. Commercial vehicles/trucks are not allowed. Use of golf carts or unregistered vehicles are not allowed on the roads in some resorts. Please inquire if you have any questions.
Section 37: Payment Options
Payment may be made in US$ in the form of a credit card. All payments must be received by Polu Hawaii Vacations with adequate time for Bank Processing. We accept all credit card types. International payments may incur an additional fee to cover the cost of processing such payments.
Section 38: Lost & Found
Polu Hawaii Vacations nor the property owners are responsible for any personal items left in the home or on the property, including items lost or stolen. If you inquire about a lost item and it is found, we will be happy to ship retrieved items to you. International guests may be subject to duties/import costs and are solely responsible for the payment of such costs. The guest is responsible for postage fees for returned items.
Section 39: Fraud Prevention
Due to increased fraud risk, valid billing/legal addresses that match the primary card/account holder must be provided at the time of booking. Prior to your arrival, photo identification of the primary card holder must be submitted via our secure check-in portal. Polu Hawaii Vacations reserves the right to request additional identification including requesting a selfie, photo proof of government ID, current residential addresses. If additional verifications are requested but not provided, Polu Hawaii Vacations reserves the right to cancel the reservation. Reservations made within 30 days prior to arrival are subject to additional identity verification checks. All reservations are reviewed for fraud risks regardless of any external factors. Polu Vacations uses a secure 3rd party verification service to conduct additional checks. Your privacy and trust is extremely important to us and we handle your sensitive information with care.
Section 40: Additional Cleaning Costs & Damage
Guests are responsible for the payment of any additional cleaning costs due to excessive or unreasonable mess left upon check-out. This includes but is not limited to: Dirty dishes left on counter tops or sinks, excessive loose food debris (crumbs or particles, or pieces), soiled linens, marked walls, etc. The standard cleaning fee charged upon booking is intended for laundry, vacuuming, mopping, and overall clean of the space and assumes the guest will follow all listed check-out instructions. Should you wish to check-out without completing all check-out steps, please contact our team in advance for scheduling of deep cleaning. Fees associated with excessive mess will range from $100 to $2000 USD depending on a quote from our housekeeping team. This clause does not permit carte blanche treatment of the property by the guest and their party.
Section 41: Right to Enter
Polu Hawaii Vacations reserves the right to enter the premises for housekeeping, maintenance, and management purposes. Notice will be provided to the guest prior to entering. The guest may not decline an authorized person from entering the property. If a contractor or 3rd party vendor must enter the property, a member of the Polu Hawaii Properties management team will be present for security purposes.
LIABILITY: Polu Hawaii Properties LLC dba Polu Hawaii Vacations, its employees, subagents or assigns, (hereafter jointly and severally referred to as Agent) acts only as a marketing agent for the property Owner, and other suppliers providing accommodations, property management, and guest services. Agent does not own or manage any property offered for rental and does not exercise control over or have direct supervision of the respective owners, managers, or service providers. If accommodations or services must be substituted for any reason, Agent, Owner, and Manager will act in good faith and use their best efforts to substitute accommodations or services of a type comparable to those originally contracted and that are acceptable to Guest(s). Agent, Owner, or Manager, upon just cause, reserves the right to refuse or discontinue service(s) to any person(s) and/or to rescind any contract for accommodations or guest services.
INDEMNIFICATION & RELEASE OF LIABILITY: The undersigned Guests/Occupants and their accompanying occupants understand and acknowledge that the Owner, Manager or Agent are not responsible or held liable for: Loss, damage or theft of Guests personal property and that they bear the financial responsibility for the rental contracted for loss, damage or theft of guests’ personal property, guests or vendors invited onto the property and are the only occupants with legal standing in any matter of dispute or litigation which might arise pursuant to, or in consequence of, any accommodations or services provided or as substituted under the rental agreement.
Guests acknowledge and agree that Agent, Owner or Manager shall not be held liable for any loss, expense, damage or claim for injury whether direct, indirect, consequential or otherwise, whether arising from a claim of or actual negligence, failure or deficient notice or warning, hazards of any kind known or unknown to Manager, Agent or Owner, failures or inadequacies to comply with any Federal, State, County or other statute law, ordinance, regulation and/or practice, whatsoever or however arising, caused or incurred; whether arising in contract or otherwise in law or in equity as a result of the rendering or the services or accommodations as herein described or as substituted and including, without restricting the generality of the foregoing, the result of any delay, substitution, rescheduling or change in the provision of accommodations or services by Agent, Owner or Manager or by reason of military actions, revolution, acts of God, or by agents, employees, subcontractors or third parties whatsoever in supplying any of the accommodations or services as described herein or as substituted. Polu Hawaii Properties LLC dba Polu Hawaii Vacations will not be held liable or extend cancellations/refunds due to beach closures, pool/facility hour changes/closures on site or any other pools/fitness centers/spas and changes to furnishings. Guests are solely responsible for the use of any items available for Guest use at the property.
THIS IS A LEGAL DOCUMENT AND SHOULD BE READ CAREFULLY PRIOR TO SIGNING.
If you are making your reservations via our website, your electronic acceptance of these Terms and Conditions legally acts as your approval to receive electronic communication for this entire rental agreement and binds you to the terms as allowed to the full extent of the law of the State of Hawaii and any other State involved.
ACKNOWLEDGEMENT: I/We the undersigned hereby apply for rental of the above referenced property and warrant that I/we have read, understand, and agree to the disclosures and the terms and conditions of rental set forth herein. I/We further understand that the Owner’s and/or Agent’s offer to rent this property is conditioned upon guest(s) and occupant(s) acceptance of the stated disclosures, terms, conditions and house rules.
If you discover any safety issues or defects while staying at our vacation rentals please contact the concierge desk for an immediate remedy.
I, [Guests Name], have read the agreement in its entirety and agree to the rental terms set forth in this contract.
