Terms and Conditions
TERMS AND CONDITIONS
Review and acceptance of the Omnifique Terms & Conditions below which is made part of this rental agreement is required before a confirmation will be issued.
Rates are quoted on a per night, per week or per month basis as noted. Unless specified, check-in time is after 3:00 p.m., and checkout by 11:00 a.m. on the day of departure. Most rates quoted are for a specified number of people (4 for 2-bedroom, 6 for 3-bedroom), additional guests are subject to a per person, per day charge. Charges vary and are subject to change without notice. All properties represented by Omnifique come fully equipped with television(s), linens, dishes and utensils and an initial supply of soap and paper goods. Other amenities vary per property.
ADDITIONAL CHARGES (NOT included in rate):
Rates do NOT include daily maid service (unless noted), gratuities, out-of-country long-distance phone charges, car rental, food, liquor, laundry, personal items, excessive cleaning upon departure (i.e. upholstery or rug shampooing, etc.).
RESERVATIONS AND PAYMENTS:
Payment of the applicable 50% Rental Deposit amount together with a completed Short Term Rental Agreement must be received and approved by Omnifique before a confirmation will be issued. No grace period will apply. Final payment, consisting of the remaining balance, must be received by Omnifique at least thirty (30) days prior to guest arrival (or immediately if booked less than thirty (30) days in advance of guest arrival). Failure to make final payments on a timely basis will make the reservation subject to automatic cancellation.
18% gratuity, 4% sales tax, and 6% service fee will be usually added by each vendor in the United States.
18% gratuity, 4% sales tax and 6% service fee will be charged by Omnifique to the hard cost of services (excluding reservation and all third party charges).
CONDITION OF RENTAL:
The property shall be in the same condition upon departure as at check-in. Normal wear and tear excepted. Owner or its agents may enter the property at reasonable times to make repairs or provide maid service. Guests may cook in areas specifically designated for cooking. Guests must immediately notify Owner or agent of fire or other damage to property. Guests shall be liable for all acts of the family, invitees, employees, or other persons invited onto the property. Guests may not sublet or assign this rental agreement. Guests shall be responsible to return all keys and gate or garage door openers upon departure. Guests shall abide by the House Rules of the Owner, Property Manager, Condominium Association and/or the Booking Agent as provided to Guests. Guests shall not bring any pets onto the property. Guests will not smoke indoors. Guests will rinse feet of sand prior to entering the unit. No parties shall be allowed without prior consent. Additional charges may apply. No catering or outside music permitted without prior consent, additional charges may apply. Guests shall not permit any use of pool or Jacuzzi by unsupervised children or other guests, and shall keep gates closed. Guests and other invitees shall use the pool and Jacuzzi at their own risk. Guests understand that there are certain inherent risks to person and property located adjacent to the ocean or to a golf course, including the possibility of drowning or being struck by a golf ball. Guests acknowledges that the owner would not rent the property unless the Guest accepted this condition.
SECURITY DEPOSIT PROTECTION:
CSA is a Security Deposit Protection plan (Insurance). If you choose this option, the Security Deposit Protection plan offered by CSA covers unintentional damages to the rental unit interior that occur during your stay, provided they are disclosed to management prior to check-out. The policy will pay a maximum benefit of $5000.00. Any damages that exceed $5000.00 will be charged to the credit card on file. If, during your stay at one of our Rental Properties, an Insured Person causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $5000.00. Certain terms and conditions apply. Full details of the Security Deposit Protection coverage are contained in the Certificate of Insurance or Insurance Policy. By submitting payment for this plan, you authorize and request CSA Travel Protection and Insurance Services to pay directly Omnifique any amount payable under the terms and conditions of the Security Deposit Protection. Please contact Omnifique directly if you do not wish to participate in this plan or assignment.
Guests who do not sign up for the Security Deposit Protection Program are required to make a Security Deposit to protect against any damages to and/or loss of items from the Property and to assure payment of items charged to the Guest Account. The deposit will be held in Omnifique Client Trust Account or the booking agents account and will be returned, minus deductions, not later than 14 calendar days after the termination of the agreement. We must give you a written statement at that time explaining any deductions. Deductions can be made for the following reasons: to repair or replace anything that is damaged or missing; to pay any and all amounts due; to replace all keys; additional cleaning expense or to clean excessive dirt (i.e. stained carpets, furniture, walls, appliances, etc.) and put the unit, and the things in it, in the condition when you moved in. If your deposit is not enough to cover all the damages and costs, you must pay the extra amount, and you authorize us to charge the credit card provided.
LIMITATION OF LIABILITY:
Under no circumstances shall Omnifique be responsible for any loss, expense, damages, claims or injury direct, indirect, consequential or otherwise whatsoever, howsoever 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 or substituted and including, without restricting the generality of the foregoing as a result of any delay(s), substitution(s), rescheduling(s) or change(s) in the provision of services or land accommodations by Omnifique or by reason of military actions, revolution or acts of God, government agencies, or unforeseen circumstances or events, by any agents, owners, employees, subcontractors, servants or services as substituted; Omnifique, at all times will act in good faith and use its best efforts to substitute with accommodations or services of a type as comparable as possible to those contracted. Omnifique will not be liable under any circumstances, including substitutions, to refund any unused portion of booked accommodations or services. Some activities in which guests engage are especially dangerous and include scuba diving, snorkeling, deep-sea fishing, boating, golfing, swimming, boogie boarding, surfing, hiking, biking and mountain climbing. This list is not all-inclusive, but indicates some of the hazards of vacationing in Hawaii. Guests may also encounter the following risks: slippery floors and stairs, especially when wet, lanais with spaces between rails (dangerous for little children), precipitous drop-offs on ocean floor, unfenced pools, faulty electrical or plumbing systems, gas BBQ grills, clean/clear sliding glass doors, and dangerous stairs or pathways, Therefore, each guest agrees that he/she is voluntarily participating in any and all activities, risks, and use of the accommodations, and hereby assumes all risk of injury, illness, damage or loss to person and property that might result, including, without limitation, any loss or theft of personal property. By booking this villa, you acknowledge that in all events and circumstances, Omnifique, its officers and employees shall not be liable. Omnifique reserves the right to cancel or rescind any rental agreement if it is found that the Guests are conducting unlawful activities, not abiding by the Homeowners Association House Rules, disturbing others by playing loud music, percussion, audio or instruments, or cause any loud or offensive noises, have made any misrepresentations about the nature or size of the group or use of the group or the use of the property or any other misrepresentations or any other way in breach of the rental agreement.
NOTICE OF ABSENCE:
You must tell us in advance if you will be absent from the property for 5 days or more. If you do not give us this notice, you will have to pay for any damage that may result from your absence.
HOLDOVER, ABANDONED POSSESSIONS AND SERVICE OF NOTICES:
If you stay in the unit, without written permission, after the Rental Agreement has ended, you will be a holdover tenant and may be liable for twice rent under the Rental Agreement on a prorated daily basis for each day you are a holdover tenant. If you leave any personal property, which we determine to be of value, we must contact you by mailing a notice. After 20 days, if you do not respond, we may advertise the items for sale or donate them to a charitable organization. If we have to give any notice to you, we can serve it to any occupant. By serving one of you, we have given notice to all of you. If we cannot deliver a notice to you, we may post the notice in a conspicuous place in or on the unit.
You understand that our insurance does not cover your belongings or damage that you cause. You agree that we are not responsible for any loss or damage during the term of the rental agreement. You agree to carry insurance covering all of your personal property located in the unit or bear full responsibility for its damage including damage from fire, water, theft, or any cause.
CHANGES TO A BOOKING:
An additional $100.00 administrative fee will be charged by Omnifique for any change to a booking after a Confirmation has been issued. Acceptance of any change is subject to approval by Omnifique.
CANCELLATION AND REFUNDS:
Cancellation of booking at any time after Confirmation has been issued may result in forfeiture of deposit(s). Cancellation within the 60-day period prior to check-in may result in forfeiture of the entire rental amount. Refund of monies paid for rental and services will be made under the following circumstances: (1) If, on the day that the rental is scheduled to begin, the property is unfit for habitation and no equivalent substitute can be obtained, or the property is not reachable by the usual means of transportation, or access to the property by visitors has been prohibited by authorities; or (2) The Villa is re-booked for the same time period and at the same rate of initial booking. If a portion of the rental time is re-booked, a pro-rata refund will be made. All refunds, whether in whole or pro-rata, will be subject to the deduction equal to 15% of deposit(s) paid. To protect against cancellations caused by certain unforeseen events, such as illness, death, natural disasters, etc., we recommend that guests purchase trip cancellation and Interruption Protection insurance to assure refund of deposits paid and reimbursement of other vacation payments. Such insurance is available through travel agents, auto clubs such as AAA, or online at http://www.rentalguardian.com/ or http://www.csatravelprotection.com/
CATASTROPHIC EVENTS & EMERGENCY EVACUATIONS:
If a catastrophe (hurricane, tornado, earthquake, flood, etc.) or any situation simply beyond our control impairs the vacation rental, Omnifique is not responsible for finding alternate lodging for the renter or for the renter’s financial losses related to transportation or alternate lodging. There will be NO REFUNDS OR CREDITS FOR EMERGENCY EVACUATIONS. Whether you own property, run a business, or rent a condo in Hawaii, the threat of a hurricane, flood, or tsunami is always present during certain months of the year, and we all assume this risk. Therefore, we suggest you consider Travel Protection Insurance to secure your vacation investment and eliminate your financial risk. There will be no refunds of any kind for evacuations.
SHORT-TERM RENTAL AGREEMENT
This Short Term Rental Agreement is made by and between Guest and Omnifique. For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
- Rental Party: The rental party shall consist of Guests only.
- Events: Events are not allowed.
- Maximum Occupancy: The maximum number of guests is limited to 8 persons. There may not be additional persons on premises at any time.
- Term of the Lease: The lease begins at 3:00 p.m. on the check-in date and ends at 11:00 a.m. on the check-out date.
- Rental Rules: Guest agrees to abide by the Rental Rules attached as Exhibit A at all times while at the property and shall cause all members of the rental party to abide by the following rules at all times while at the property.
- Access: Guests shall allow Omnifique access to the property for purposes of repair and inspection. Omnifique shall exercise this right of access in a reasonable manner.
- Insurance: Insurance must be purchased through CSA for $99 or a $5,000 refundable deposit can be made to cover any damages.
- Cancelation Policy: 100% refund up until 60 days prior to check-in – 50% up until 30 days prior check-in.
- No Liability/Indemnification/Hold Harmless: The owner of the property as well as Omnifique does not assume liability for the loss, theft, damage or injury (or death) to persons or their personal property. Guests agree to indemnify and hold the owner and Omnifique harmless for any liabilities, theft, damage, cost or expense whatsoever arising from or related to any claim or litigation which may result from Guests’ negligent use or intentional misuse of the rental property during the Term of the Lease, including but not limited to claims for personal injury or property damage/loss. This indemnification clause does not waive the owner’s and Omnifique’s duty of care to prevent personal injury or property damage when that duty is imposed by law.
- Smoking is NOT allowed
- People other than those in the Guest party set forth above may not enter the property. All members of rental party at the property are the sole responsibility of the Guests. Guests are not allowed to exceed the occupancy limit agreed to above.
- Guests should not create excessive noise at a level that disturbs neighbors; Code-enforced neighborhood quiet hours are from 10:00p.m. – 8:00a.m.
- Omnifique is not responsible for any accidents, injuries or illness that occurs while on the premises. By accepting this reservation, it is agreed that all guests are expressly assuming the risk of any harm arising from their use of the premises.
- Keep the property and all furnishings in good condition
- Pets are NOT allowed at all properties. Extra guest fee.
- Housekeeping: There is no daily housekeeping service. While linens and bath towels are included, daily maid service is not included in the rental rate but available upon request for an additional charge. We do not permit towels or linens to be taken from the property.
- Garbage: Any garbage must be stowed in the proper garbage or recycling receptacle. If the property has a bear trash can, you are obligated to seal completely or a fine of $350 will ensue.
COLLECTION OF INFORMATION
Information You Provide to Us
We collect the information you provide directly to us. For example, you share information directly with us when you fill out a form, communicate with us via third-party platforms, request customer support, or otherwise communicate with us. The types of personal information we may collect include your name, email address, phone number, and any other information you choose to provide.
Information We Collect Automatically When You Interact with Us
In some instances, we automatically collect certain information, including:
Activity Information: We collect information about your activity on our website.
Device and Usage Information: We collect information about how you access our website, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, and app version. We also collect information about your activity on our website, such as access times, pages viewed, links clicked, and the page you visited before navigating to our Services.
Information We Collect from Other Sources
We obtain information from third-party sources. For example, we may collect information about you from social networks, accounting services providers, and data analytics providers.
Information We Derive
We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your location based on your IP address or infer reading preferences based on your reading history.
USE OF INFORMATION
We use the information we collect to provide, maintain, and improve our services and campaigns. We also use the information we collect to:
Monitor and analyze trends, usage, and activities in connection with our website;
Detect, investigate, and prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity;
Debug to identify and repair errors on our website;
Comply with our legal and financial obligations; and
Carry out any other purpose described to you at the time the information was collected.
SHARING OF INFORMATION
We share personal information in the following circumstances or as otherwise described in this policy:
We share personal information with vendors, service providers, and consultants that need access to personal information to perform services for us, such as companies that assist us with web hosting, storage, and other infrastructure, analytics, payment processing, fraud prevention, and security, customer service, communications, and marketing.
We may disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements. If we are going to disclose your personal information in response to a legal process, we will give you notice so you can challenge it (for example, by seeking court intervention), unless we are prohibited by law or believe doing so may endanger others or cause illegal conduct. We will object to legal requests for information about users of our Services that we believe are improper.
We may share personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Medium, our users, the public, or others.
We share personal information with our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
We may share personal information in connection with, or during negotiations concerning, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
We share personal information with your consent or at your direction.
We also share aggregated or de-identified information that cannot reasonably be used to identify you.
TRANSFER OF INFORMATION TO THE UNITED STATES AND OTHER COUNTRIES
Omnifique is headquartered in the United States, and we have operations and service providers in the United States and other countries. Therefore, our service providers and we may transfer your personal information to, or store or access it in, jurisdictions that may not provide data protection levels that are equivalent to those of your home jurisdiction. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it.
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