Terms & Conditions

RENTER REQUIREMENTS: For legal and accounting purposes, the person placing the reservation must be the same as the credit/debit cardholder. This person is considered to be the Guest. All other persons involved with the rental are considered to be the Guest’s invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed with the Guest, not the Guest’s invitees. The Guest understands that Elite Pacific rents to responsible adults over the age of 21 ONLY.

IDENTITY VERIFICATION: To safeguard our homes and guests, gather vacations inc, utilizes a 3rd party partner, safelystay, to verify guest identity. After confirming your reservation, you will receive an email from safelystay, inc. Completion of this verification is required for all reservations checking in within 14 days of booking. Failure to complete the verification may result in the cancellation of your reservation. By confirming this reservation, you give permission to the property manager to use safelystay to verify your identity.

MINIMUM RENTAL PERIOD: Minimum stay requirements vary by property based on State, County or local regulations. On Oahu, the City and County of Honolulu regulations require a minimum 30-day rental agreement for properties outside of resort-zoned areas.

BALANCE PAYMENT: If no other payment is received prior to the final balance due date the balance will be automatically deducted using the payment method on file. If you wish to arrange another form of payment, you MUST contact your Reservations Specialist BEFORE the due date. The credit card must have an expiration date that extends beyond your stay. Guest is required to provide a Visa, MasterCard, American Express or Discover Card regardless of how they are paying for the reservation in order to complete the booking.

TAXES: State and individual county taxes may change at any time. Any reservations made prior to the tax increase will be subject to the new tax rates and liable for any additional balances owed as a result.

TEXT COMMUNICATIONS: By providing your phone number, you agree to receive text messages from Elite Pacific. Message and data rates may apply. Message frequency varies. To opt out of text messages, please email your request with your name, reservation number and arrival date to [email protected].

ADDITIONAL FEES NOT INCLUDED IN RESERVATION: Additional Conditional fees may apply and can include, but are not limited to, resort fees, extra guests beyond the standard occupancy, required mid-stay cleanings, excess utility charges, additional cleaning fees, unauthorized pet-related fees or pet damage related fees, and pool heating costs.

OCCUPANCY POLICY: The Property is for the sole use as a personal vacation residence for families and responsible adults. Commercial, business or event use is strictly prohibited unless previously agreed to in writing, extra charges may apply. Guest acknowledges that they will personally occupy the Property for the entire length of stay and will not sublet. Guest shall not use the Property for any illegal or unlawful purpose, nor shall the Property be used in a fashion that disturbs or offends the neighbors. Occupancy is restricted to a maximum number of Guests per property, which is not to exceed two guests per bedroom unless otherwise specified. Certain properties offer tiered rental rates based on number of Guests. For these properties occupancy is restricted to the number of Guests listed at the time of booking. Additional Guests are subject to Elite Pacific approval and will incur an extra nightly rate. A list of the first and last names of ALL persons occupying the property is required at the time of booking with additional Guest names required in writing prior to check-in.

DAMAGE POLICY
As a condition to the rental of all Vacation Properties, Elite Pacific reserves the right to charge the Guest’s credit card for any and all Guest/Invitee-caused losses and damages sustained to the Vacation Property throughout the duration of their period of occupancy. In the event of any Guest/Invitee-caused loss or damage to the Vacation Property, including, but not limited to, undue cleaning, eviction, service calls, service charges, fines/assessments, repairs or replacements, plus all applicable taxes, Elite Pacific is hereby granted the right to charge the Guest’s credit card.

TRUST AND SAFETY: Accidental damage protection may be included in the cost of the reservation for certain properties. Please contact your Reservations Specialist to confirm if it is included.

UPON ARRIVAL: Take a look around the unit. If there are concerns or issues with your rental property, please contact the property manager immediately (leave a message if there is no answer). Contact information can be found in your Arrival Instructions. No refunds or considerations are given unless we are notified of problems during your stay. Upon request, we will provide a form for you to document any pre-existing damage so you won’t be held responsible, as well as a claim form for any damage that happens during your stay.

UPON DEPARTURE: At check-out, Guest must leave the property in tidy condition, similar to that at move in. Cleaning crews will handle all major cleaning of linens, towels, kitchens, floors and bathrooms. However, excessive cleaning will be billed to Guest at prevailing rates, which are not less than $45/hour/cleaner.

EMERGENCIES/ MAINTENANCE: In the event of a problem getting in the unit or if there are problems with condition or functionality of the unit, please immediately contact the Property Manager (leave a voice message and send a text message if there is no answer). Property Manager’s contact information can be found in your Arrival Instructions

ARRIVAL TIME: Arrival times vary. Please refer to your Arrival Instructions. Unless you have specifically arranged and received confirmation for an early arrival time, please do not arrive at the property before your scheduled check in time.

DEPARTURE TIME: Departure times vary. Please refer to your Arrival Instructions. Your prompt departure is appreciated so we can prepare the unit for any incoming guests. If you have not arranged for a late check out, you may be charged for each hour beyond the check out time that you are still on property, at a minimum of one hour. If the unit has not been vacated by 4 pm, a fee equal to the daily rental rate may be assessed.

NO SMOKING POLICY: The guest hereby agrees and acknowledges that smoking of any substances, including but not limited to: cigarettes, marijuana and vape devices, is strictly prohibited within the rental unit, on any adjoining balconies or lanais, as well as anywhere else on the property premises during their stay. This policy is in place to ensure the comfort and health of all guests and to maintain the quality of the property. Should the guest or any of their party violate this no-smoking policy, they will be held accountable for any and all damages incurred to the property as a result of smoking. This includes, but is not limited to, the costs for repairing damages caused by smoke, the necessary cleaning or deodorizing services required to restore the property to its original condition, and any potential loss of income should the property become unrentable due to the remediation efforts.

POOLS:

• Assumption of Risk: If a pool or spa is available on the property, all Guests and their invitees acknowledge and accept that use of these facilities is at their own risk.

• Supervision Requirement: Guests shall not permit the use of the pool or spa by unsupervised children or any other unsupervised individuals. Guests agree to maintain a safe environment by ensuring that any minors or individuals needing assistance are supervised by a responsible adult at all times.

• Adherence to Safety Standards: Guests and their invitees are expected to follow all safety guidelines provided on-site or as recommended by property management. This includes, but is not limited to, prohibiting diving in shallow areas, avoiding glass containers in or near the pool/spa, and following maximum occupancy guidelines.

• Community and Time Frame Compliance: Guests agree to respect any community-specific guidelines regarding pool and spa hours, noise levels, and restricted access times. This includes adhering to any posted quiet hours, closing times, or other community pool regulations to ensure a safe and respectful environment for all residents and guests.

• Liability: Gather and its affiliates are not liable for any injuries, accidents, or losses resulting from the use of the pool or spa. Guests assume full responsibility for ensuring the safe use of these facilities by themselves and their invitees.

POOL FENCES: Pool fences are highly recommended for any Guest traveling with children. Guests are responsible for requesting a pool fence if any member of the party is unable to swim or poses a safety risk while around the pool area. Pool fences are at an additional cost and must be scheduled in advance to arrival. Elite and Owner are not responsible for any damages associated with Guests’ failure to request a pool fence for their stay.

CANCELLATION POLICY: To offer you the best services possible, we strictly adhere to our cancellation policy. However, to help protect your vacation investment you may want to purchase travel insurance to cover the costs of any potential changes to your itinerary. (Not applicable for all properties)

Guest shall inform Elite Pacific in writing of Guest’s intention to cancel the reservation. (For reservations made through third parties, additional cancellation policies may apply.)

Should you cancel or modify your reservations, and qualify for a refund (if applicable per terms), Credit Card fees assessed for transactions are considered non-refundable.

OTHER CANCELLATION: If Elite Pacific cannot provide access to the property for any reason, Owner and/or Elite Pacific may cancel this Agreement and refund in full to the Guest all payments made. Reasons for cancellation may include, but are not limited to: property sale or loss of management, state or county restrictions, changes in law that would make the rental agreement violate any law, or any issues surrounding the safety of occupying the property. Guest agrees that any claims against Owner/Elite Pacific arising out of performance or non-performance under this agreement shall be limited to a full refund of all consideration previously tendered by Guest.

POWER/ WEATHER RELATED CANCELLATION: Elite Pacific does not issue refunds due to acts of nature such as: weather, road conditions, hurricanes, power outages etc, but Travel Protection Insurance does provide some protection against these instances. If the property is uninhabitable due to such circumstances and you did not purchase insurance, reservations can be rescheduled for future dates within one year of the reservation date.

CONSTRUCTION: Elite Pacific and Owner are not responsible for any construction noise beyond the Property. Guest acknowledges that Elite Pacific and Owner have no control over the hours of work or noise level of any construction beyond the Property. Audible construction noise shall not void or negate this Agreement, nor shall it serve as a basis for claim for refund, price reduction, or other compensation.

CHANGE DATES POLICY: There is no guarantee of approval for changes to your reservation once confirmed.

PRIVATE PROPERTY: Guest acknowledges that the accommodation is a privately owned home or condominium as opposed to a hotel. As such, hotel-like amenities such as daily cleaning and bell service are not provided. Additional services can be requested with advanced notice at an additional cost.

UTILITY CHARGES: Guest’s rental charges are based on normal utility usage. We recommend turning off air conditioning when gone, and that all doors and windows are shut if the air conditioning is on. Turn off hot tub heat when not in use. In the event that Guest’s usage results in unusually high charges, Guest agrees to pay for the additional charges beyond those deemed normal for the Property. A 4.5% Payment Processing Fee will be added to this charge. Stays of greater than 30 days may be subject to a utility cap.

REPAIR AND SERVICE CALLS: Elite Pacific and Owner do not guarantee against mechanical or electrical failure of air conditioning, fans, lights, televisions, DVDs, or other equipment. Guest agrees to report any inoperative items to the Property Manager promptly, and Elite Pacific agrees to make every effort to have maintenance done quickly and efficiently. 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.
PROPERTIES FOR SALE: If a property is for sale, the owner reserves the right to have the property shown to prospective buyers. The property manager will contact you to make arrangements to schedule the showing at a convenient time.

RIGHT TO ENTER: If necessary, Owner or Elite Pacific or their designated vendors may enter the property in order to inspect or make necessary or requested repairs. Owner or Elite Pacific will give Guest at least 24 hours minimum notice before entering the Property, and will only enter during reasonable hours except in the case of emergency. Regular vendors to the property including, pool, yard, and cleaning services shall be allowed to enter at normally scheduled times.

ENVIRONMENTAL DISCLOSURE: Guest(s) hereby acknowledge the State of Hawaii is exposed to such environmental hazards including but not limited to Tidal Wave/Tsunami, Hurricane and Flood, Volcano Eruptions, etc. Please refer to the local phone book regarding the inundation area and evacuation instructions should a threat occur. We recommend Vacation Rental Insurance for any unforeseen circumstances. Because we are in the Tropics, you may encounter geckos, and other pests. Our properties are treated regularly for pest control maintenance; however, pests are a normal part of life in the tropics. Elite Pacific does not issue refunds due to the presence of pests in the Property.

POSSIBILITY OF INTERMITTENT UNPLANNED POWER OUTAGES – To keep Guests and communities safe, your local utility provider may implement a Public Safety Power Shutoff (PSPS) program, or comparable action, as part of their Wildfire Safety Strategy. This type of program has been used in other states to prevent wildfire ignitions from electrical infrastructure. Under this type of program, local utility providers may proactively shut off power in designated areas if weather forecasts and ground observations show high-risk conditions, including high winds. The program will be used as a last line of defense in high-risk areas, and it could result in extended outages. These areas have a combination of risk factors for wildfires, including exposure to strong winds, dry conditions, vegetation that could burn easily, a history of wildfires and a concentration of communities and critical assets. For those not residing in these areas, this program may not be directly applicable. However, it is possible that extreme weather events with high winds may jeopardize the electrical or water infrastructure and all Guests should be prepared. Unforeseen failures of any system such as electricity, water, water heaters, air conditioning, telephone, television or satellite service, internet service, electric appliances, etc., may be beyond the ability of The Property Manager to rapidly repair. If the system downtime is greater than 24 hours, then the guest may request to be presented compensation commensurate to the impact.

OCEANS & BEACHES: All beaches in Hawaii are public and Elite Pacific cannot control the public’s use of such areas. As with most natural areas, beaches and shorelines can be unpredictable due to tides, currents, swells and storm events. Elite Pacific cannot guarantee the condition of beaches and ocean accessibility and will not give refunds due to beach and ocean conditions. Lifeguards are not present on many beaches and ocean waves, undertow, currents, rip tides, and dangerous sea creatures vary from area to area, minute by minute, and by season. Please use caution, and if in doubt, don’t go out.

MAIL AND DELIVERIES: Elite Pacific is not responsible for mail or deliveries sent to the property before, during or after Guest stays. Guest(s) hereby acknowledge that mail may not be deliverable to certain properties, and in no circumstance will Elite Pacific be held liable for mail that is lost, damaged, delayed or returned to sender.

SPECIAL REQUESTS AND SERVICES: Any special services requested by Guest(s) which Elite Pacific Agent is able to perform, may be performed at a rate of $75/hour, for management oversight and coordination, with prior agreement between Guest(s) and Elite Pacific (example: mailing left items back to guest).

VEHICLE AND VESSELS: Guests are solely responsible for obtaining and maintaining their own insurance coverage for any injury or damage involving a vehicle or vessel on the property or in connection with the reservation. Guests are required to submit their insurance documentation when completing the trip details form. Gather Vacations, Inc. or its affiliates, and their guest damage insurance partner, SafelyStay, reserve the right to subrogate claims to the guests individual insurance provider if the damage or loss involves a vehicle or vessel. Gather Vacations, Inc. and its affiliates shall not be held liable for any damage or injury involving vehicles or vessels.

RECREATIONAL EQUIPMENT: The Guest agrees to thoroughly inspect all recreational equipment before use to ensure it is in proper working condition. If any equipment is found to be damaged or unsafe, the Guest must refrain from using it and promptly notify the company or Property Manager.  The Guest agrees to use all recreational equipment in accordance with applicable laws, regulations, operating manuals, and safety guidelines.  The Guest acknowledges and accepts that the use of recreational equipment, including but not limited to pool toys, bicycles, kayaks, and paddleboards, involves inherent risks of damage and injury. The Guest voluntarily assumes full responsibility for any risks of injury, damage, or loss that may result from using such equipment. Gather Vacations, Inc. and its affiliates shall not be held liable for any injury, damage, or loss arising from the use of any recreational equipment. The Guest further agrees to indemnify and hold harmless Gather Vacations, Inc. and its affiliates from any claims, damages or liabilities arising from the use of such equipment.

NOISE POLICY: Out of respect for the neighborhood and to comply with Short Term Vacation Rental regulations, we ask that excessive noise be kept to an absolute minimum. Each of our properties adheres to a strict Good Neighbor Policy. Quiet hours pertinent to your specific property can be found on our Guest Portal under “Miscellaneous”. Excessive noise impacting your neighbors will be not be tolerated. This includes both in the home and outdoor areas, including but not limited to, the pool/spa, patios & lanais. Parties, special events, or gatherings in excess of the set maximum occupancy are not permitted.  This property is located in a residential area and surrounding neighbors are members of the community.  Please remember that our neighbors’ homes are private property and should be treated as such. Please note that any violation of these policies are grounds for immediate termination of your rental agreement

Land Use Ordinance Compliance: 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. By law, the property cannot be rented to or occupied by other tenants during any portion of the 30-day term.

Based on zoning allowances, some properties in Hawaii County must be rented for periods of 31 days or greater. By law, the property cannot be rented to or occupied by other tenants during any portion of the 31-day term covered by this Agreement. A signed booking confirmation is a requirement of the reservation.

Property Usage Charge: Guest understands and agrees that the Rental Charges are determined based on Guest’s planned Arrival and Departure dates, and that Owner and Agent incur significant costs based on the number of days that Guest actually occupies and uses the Property. Guest further understands and agrees that in the event that they occupy the Property for more days than specified, based on the Arrival Date and Departure Date, that Guest will pay an additional Property Usage Charge, plus state and county General Excise and Transient Accommodation Taxes thereon; and Guest authorizes Agent to charge their credit card on file for the full amount of that Property Usage Charge (if any), plus taxes, plus a Credit Card Processing Fee of 4.5%.

Guest acknowledges that all Four Seasons Resort Hualalai daily resort fees and all other resort charges incurred during your stay are not included in the rent. Four Seasons Resort Hualalai daily resort fees and all other resort charges incurred during your stay are the sole responsibility of the Guest and are paid directly to the Four Seasons Resort Hualalai.

After confirmation of your reservation, we will register your party with the Club Concierge group at the Four Seasons Resort at Hualalai who will work directly with you on establishing your resort charge account. Upon arrival at the Resort, the Guest is required to visit the Residential Concierge/Services offices. These offices are located next to the spa/fitness center retail shop and near the Hualalai Trading Company retail store. The Guest may check in with the Residential Concierge, who shall ask the Guest to complete certain registration documents and take a credit card imprint for billing purposes. The Residential Concierge will issue a resort charge card to the Guest which is valid during occupancy for the various Hualalai Resort and Four Seasons Hotel amenities.

Please be advised that Four Seasons Resort Management maintains absolute control of the establishment and administration of daily resort fees, policies and amenities access.  Resort amenities cannot be guaranteed and may be limited, without advance notice, during certain local events and peak holidays. No refunds or discounts will be given during these times.

Guest agrees to indemnify, defend and hold harmless Owner and Agent from all claims, disputes, litigation, judgments, costs and attorney fees resulting from loss, damage, or injury to Guest and guests or their personal property. Owner and agent are not responsible for lost, stolen, or misplaced items. Guest is also aware of the inherent risks to person and property while occupying residences near the ocean or that have pool/Jacuzzi features.

Any and all claims, controversies or disputes arising out of or relating to this contract/agreement, or the breach thereof, which remain unresolved after direct negotiations between the parties, shall first be submitted to confidential Mediation in accordance with the Rules, Procedures, and Protocols for Mediation of Disputes of Dispute Prevention & Resolution, Inc., then in effect. If any issues, claims or disputes remain unresolved after mediation concludes, the parties agree to submit any such issues to binding arbitration before one arbitrator in accordance with the Rules, Procedures, and Protocols for Arbitration of Disputes of Dispute Prevention & Resolution, Inc., then in effect. The parties further agree that the award of the arbitrator is binding upon the parties and that judgment upon the award rendered may be entered in any court of competent jurisdiction.

This agreement shall be governed by and construed in accordance with the laws of the State of Hawaii. All disputes or claims pertaining to the Agreement shall be adjudicated in the State of Hawaii, County of Honolulu.

By confirming this reservation, I warrant that I have read, understand and agree to all of the terms set forth below, including, without limitation, the Cancellation Policy. I acknowledge that the property has specific House Rules that will be provided to me at the time of confirmation of the reservation, if not previously provided. 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 Gather Vacations, Inc., LLC is an agent for the owner. I further understand and represent that I will explain the Terms & Conditions to all individuals in my group who are authorized to stay at the property prior to their arrival.  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.

I authorize Gather Vacations, Inc. to charge the card I’ve provided for payment of my reservation and/or any additional requested rental expenses incurred, and to pay for those incidentals, damage or excessive cleaning expenses incurred that are not covered for reimbursement under the Accidental Damage Protection plan. I agree to pay the 4.5% credit card surcharge fee. I also hereby confirm that the number of guests will NOT be more than stated in this agreement at any time and that violation of this policy will result in my credit card being charged maximum occupancy or double the guest fees, whichever is greater

I have read the Gather Vacations, Inc. Rental Agreement and agree to all Terms & Conditions contained therein and on this page.