Terms and Conditions

As a guest of Turtle Bay Condos, I agree to the following terms and conditions:



1. Agreement: The Owners and Guests agree as follows: Guest is over the age of 21 and
will be an occupant of the unit during the entire reserved period. Other occupants will be
family members, friends, or responsible children. No door key codes or key will be issued to
anyone other than the tenant listed on rental agreement. The maximum number of guests
per 3bd/2ba condominium is limited to eight (8) persons. The maximum number of guests
per 2bd/2ba condominium is limited to six (6) persons. The maximum number of guests per
1bd/1ba condominium is limited to four (4) persons. This property requires a (3) night
minimum stay and longer stays may be required during holiday periods. Rates are subject to
change without notice.


2. Pets: No pets allowed. A fee of $500 will be assessed if tenants have pets in unit for pet
dander removal.


3. Smoking: The Hawaii Legislature enacted State Law 295, effective November 2006,
which prohibits smoking in all enclosed or partially enclosed areas open to the public.
Violations will result in fines, including a $400 fee if tenants smoke inside the unit.


4. Deposits/Payments: An advance payment of $500 towards the rental rate is due at the
time of reservation. The advance payment will be applied toward the room rent. The
BALANCE OF RENT is due thirty (30) days before your arrival date. If initial reservation is
less than thirty (30) days from the arrival date, full amount is due upon reservation. Payment
can be made by credit card, personal check in U.S. funds, bank money order or cashier’s
check payable to Turtle Bay Condos, LLC. A $35 fee applies to all returned checks.

Hoomana Hale: Bi-monthly housekeeping and inspection will be scheduled and built into the
reservation total. No additional fees will be charged for this service. Property manager will
coordinate with guest.

Mokuleia Beach Colony: Bi-monthly housekeeping and inspection will be scheduled and
built into the reservation total. No additional fees will be charged for this service. Property
manager will coordinate with guest.

5. Damage Waiver Fee: A $179.00 non-refundable Damage Waiver Fee is required for all
reservations. Turtle Bay Condos, LLC requires a valid Visa, Master Card or Discover Card
number on file in addition to the $179.00 Damage Waiver Fee. The Damage Waiver Fee is a
nonrefundable Fee that relieves Guests of the cost for unintentional and accidental damage
to the Property and its contents, not to exceed the amount of coverage (up to $1,000 of
unintentional damage). In the event of damage, guest must take all reasonable, necessary
steps to protect the property and prevent further damage to it; report the damage in writing
prior to check-out to Turtle Bay Condos, LLC staff. The Damage Waiver Fee does not cover
intentional damage, theft, unauthorized entry into the owner’s supply closet, unauthorized
pets, unreported damage, extensive cleaning required at check-out, smoking, exceeding
occupancy limits or parking limits, and any other charges/polices in Turtle Bay Condos,
LLC’s Rental Policies and Rental Agreement including any fines imposed on Turtle Bay
Condos, LLC or Property Owner by the City, County, State or Home Owner Association as
the result of violation of any law, ordinance, rule or regulation or any fines or costs levied
against Guest or visitors of Guest (Excess Damage Costs). Guest will be notified of any
Excess Damage Costs in writing. Any Excess Damage Costs will also be charged
immediately to the Guest’s credit card. Guest assumes full responsibility for any items found
to be missing and any damage due to misuse, negligence or action on Guest’s or Guest’s
visitors’ part, except in the case of normal wear-and-tear reported to Turtle Bay Condos, LLC
within 48 hours of check-in.
I hereby authorize my credit card to be charged for unintentional damage beyond $200 and
for any intentional damage, theft, occupancy after departure date or departure time,
unauthorized pets, excessive cleaning required at check-out, smoking, exceeding occupancy
or parking limits, and any other mentioned charges/policies in the Rental Agreement
including any fines imposed on Manager by City, County or State as the result of violation of
any law, rules or regulations or any fines or costs levied by any Home Owner/Condominium
Association for violations of any Covenants or Restrictions by Guest or visitors of Guest
(“Excess Damage Costs”). I/we have read and agree to the Damage Waiver Fee section of
this Agreement.
If the credit card listed in the above “Damage Fee Waiver Clause” does not provide sufficient
funds for “Excess Damage Costs,” as defined in the above “Damage Fee Waiver Clause,” I
do hereby personally guarantee payment for such damage. And furthermore, I as the
guarantor do hereby authorize and empower any attorney of any court of record of the state
of Hawaii or elsewhere to appear for and to enter judgment against us, or any of us, in favor
of Turtle Bay Condos, LLC for any sums due under the above “Damage Fee Waiver Clause”
plus interest with costs of suit, release of errors, without stay of execution, and with thirtythree and one-third percent (33 1/3%) as a reasonable attorney’s fee, and the Guarantors
hereby waive and release all benefit and relief from any and all appraisement, stay or
exemption laws of any state now in force or hereafter to be passed.
If the reservation was made through the Airbnb website, a security deposit is held by Airbnb.
Airbnb will only charge the amount held if an issue is reported by the host. The above
provisions still apply and must be met.

6. Storage of Food Items: Guests to maintain a clean environment in the unit by not leaving
food items out with containers open. Most food items should be kept in the refrigerator to
prevent attraction to pests. Food spills, crumbs, etc. should be cleaned promptly. Food spills,
crumbs, etc. should be cleaned promptly. Guest also understands that Hawaii is located in a
tropical climate and that insects, rodents and lizards flourish in the environment, in addition
to the animals native to Hawaii, including but not limited to the mongoose, feral cats and
chickens. Although Turtle Bay Condos will use its best efforts to hold interactions with these
during guests’ stay, guests understand that any contact by guest with such a pest/bird/animal
within or outside the unit does not constitute a breach of this Agreement, or give guest any
right to any refund or rental adjustment.

7. Check-In/Check-Out: Check-in is at 4:00 pm HST. Check out time is 10:00 am HST. If
you checkout later than 10:00 am, you will be charged twice the nightly rate for each
additional night. Any issues with the unit need to be brought to management’s attention right
away during your stay so that we can make it right. Resolutions cannot be offered if issues
are not brought to our attention during the stay. Turtle Bay Condos, LLC staff will only be
able to address any issues with registered guests of the unit.

8. Lost and Found Items: Turtle Bay Condos, LLC is not responsible for lost items. Neither
Turtle Bay Condos, LLC nor the owner of the unit will be responsible for any lost, stolen or
damaged items. In addition to shipping and handling charges to return items left behind, we
charge a $25 fee to look for and retrieve lost items.

9. Parking:
Ku’ilima Estates West: Parking on-site on property requires a parking pass in both your
designated spot and guest spots. Please call Ku’ilima West security at (808) 293-8217 upon
arrival to obtain parking passes.

Ku’ilima Estates East: No parking pass required in your designated parking spot. If you
have a guest, please contact Ku’ilima East security for a parking pass. The telephone
number is (808) 293-9974 to obtain parking passes.

Hoomana Hale: Two vehicles can be parked under the carport. One street parking spot is
available directly in front of the home. All other vehicles must be parked along Farrington

Mokuleia Beach Colony: Park in parking spot in arrival instructions and no parking passes
are necessary. If you have a second car it must be parked on Farrington Hwy.

Please leave any parking passes with the FOB (grey or black plastic oval) and any keys
(only for certain units) in the condominium upon check out for all units. FOBs are used to
gain entrance to the property. Any lost or FOBs not left in unit the day of departure will result
in a $200.00 charge on the credit card on file.

10. Cancellations: A thirty (30) day written notice is required for cancellation. Cancellations
that are made more than thirty (30) days prior to the arrival date will be given a full refund,
minus the $179 non-refundable booking fee + tax. Cancellations or changes that result in a
shortened stay, that are made within 60 days of the arrival date, forfeit the full advance
payment and damage/reservation deposit. Cancellation or early departure does not warrant
any refund of rent or deposit. Turtle Bay Condos, LLC’s cancellation policy does not provide
refunds for unforeseen developments such as illnesses, mandatory hurricane evacuations
and similar events that can affect your trip. We strongly suggest that you purchase travel
insurance. Airbnb reservations defer to the Airbnb cancellation policy. All other channel
bookings such as VRBO or Whimstay please refer to that specific channel for cancellation

11. Monthly Reservation Cancellations: Monthly renters must cancel (90) days prior to
check-in. Monthly renters who make a change that results in a shortened stay must be made
at least ninety (90) days prior to check-in.

12. Natural Disaster Policy: Turtle Bay Condos, LLC does not offer refunds or reschedule
bookings due to hurricane activity. If you are concerned about the possible interruption,
cancelation or delayed travel due to tropical occurrences, you are strongly encouraged to
purchase travel insurance at the time of booking. Travel insurance offers a comprehensive
cancelation and interruptions policy, which can protect you not only in the event of weather-
related storms, but for sudden emergencies as well. Please see section 18 below for more
information on travel insurance. Without travel insurance, no refunds will be given for storms,
hurricanes or natural disaster. Turtle Bay Condos, LLC is not liable for events that may
interfere with your scheduled occupancy, including but not limited to natural disasters, acts of
government agencies, fire, strikes of terrorism and war.

13. Guests Liability: Guests agrees to accept liability for any damages caused to the
property by guest or guest’s guests, including but not limited to, landscaping, misuse of
appliances, and/or equipment furnished. If damages are in excess of the damage waiver,
guest agrees to reimburse owners for costs incurred to repair/replace damaged items.

14. Illegal and/or Disruptive Activity: Turtle Bay Condos, LLC reserves the right to remove
any individual from the premises for any illegal or disruptive behavior on the premises. Turtle
Bay Condos, LLC reserves sole discretion in determining if a guest should be removed from
the premises for illegal and/or disruptive behavior. No arrest or conviction is necessary for
Turtle Bay Condos, LLC to remove an individual from the property. If an individual is
removed from the property for such activity, no refund will be issued for moneys paid to
Turtle Bay Condos, LLC.

15. Hold Harmless: All units are privately owned. Owners do not assume any liability for any
loss, damage, or injury to persons or their personal property. Neither do we accept liability for
any inconvenience arising from any temporary defects or stoppage in supply of water, gas,
electricity, or plumbing. Nor will owners accept liability for any loss or damage caused by
weather conditions, natural disasters, or other reasons beyond its control.

16. Walkways and Common Areas: The guest is fully aware that the walkways can be
dangerous, that they can be slippery when wet, and that injury is likely to occur to anyone not
using caution. Guests should observe and adhere to all rules and policies as posted at the
property. With full knowledge of the above facts and warnings, the undersigned accepts and
assumes all risks involved in or related to the use of walkways and common areas.

The pool areas are unsupervised and NO LIFEGUARD is on duty. Tenants assume full
responsibility while using the pools and common areas at and will exercise caution at all
times. All children must be supervised by a responsible adult at all times. There is no
skateboarding allowed on property. No glass is to be used in the pool area. Quiet time on the
property is observed from 8:00PM – 8:00AM. Please be respectful to you neighbors while on site.

Hoomana Hale: This home has beach access for residents of the neighborhood. The access
is located through the gate to the right of the home. This gate shall be left unlocked by the
guest to allow for residents to access the beach. There will be no access to the interior of the
home at any time without prior approval.

17. Additional Terms and Conditions: The guest, for himself/herself, his/her heirs,
assignors, executors, and administrators, fully releases and discharges actual Owners from
any and all claims, demands, and causes of action by reason of injury or whatever nature
which has or have occurred, or may occur to the undersigned, or any of his/her guests as a
result of, or in connection with the occupancy of the premises and agrees to hold actual
Owners free and harmless of any claim or suit arising there from. In any action concerning
the rights, duties or liabilities of the parties to this agreement, their Principals, agents,
successors or assignees the prevailing party shall be entitled to recover reasonable attorney
fees and costs.

18. Travel Insurance: Turtle Bay Condos, LLC has partnered with Rental Guardian to
provide optional coverage for our guests. Rental Guardian provides trip cancellation and
interruption services, as well as emergency assistance and travel services, covering financial
losses. If you choose not to purchase insurance at the time of the initial reservation, you may
call or email us to add trip insurance. We must receive notice 45 prior to arrival. Please
contact Turtle Bay Condos, LLC for more information.

19. Hurricane Policy: We strongly recommend you purchase travel insurance. No refunds
will be given for storms and hurricanes. In the case of a Hurricane Warning issued for `Oahu
within 48 hours of arrival, a one-time date change, without penalty, may be available and is
not subject to further change or cancellations. Date changes must be made within one (1)
calendar year of original dates of stay.

20. SMS Text Message Opt-In: By providing your phone number, you agree to receive text
messages from our company. Message and data rates may apply. Message frequency

21. Force Majeure: In the event either party is unable to perform its obligations under the
terms of this Agreement because of acts of God, strikes, equipment or transmission failure or
damage reasonably beyond its control, or other causes reasonably beyond its control, such
party shall not be liable for damages to the other for any damages resulting from such failure
to perform or otherwise from such causes. In the event of Force Majeure, Turtle Bay Condos,
LLC will do their best to make alternative arrangements, although alternative
accommodations are not in any way guaranteed. Guest also agrees to relocate back to the
original property when it is deemed available by Turtle Bay Condos. This will be the full
extent of our liability to the guest, and we will not be responsible for any other costs
connected with any such cancellation howsoever arising.

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