Terms & Conditions

Please read your Vacation Rental Agreement carefully before you begin your vacation. Any monies received by Gather Vacations, Inc. for occupancy of vacation property, indicates the acceptance of the terms of our Vacation Rental Agreement in full. All policies are strictly enforced. It is the responsibility of all guests and members of their party to be familiar with all policies pertaining to the rental.

General Terms

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 Gather rents to responsible adults over the age of 21 ONLY.

MINIMUM RENTAL PERIOD: Minimum stay requirements vary by property based on State, County or local regulations.

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 Gather Customer support ([email protected]) 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:  Gather uses text messages to communicate with guests about important information related to their upcoming stay.  The guest is responsible for any messaging and data charges that may occur.  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 fees may apply, including, but not limited to: Resort Fees, guests over the standard guest count, required mid-stay cleaning, excess utility costs, pet fees, and pool heat.

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. 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 Gather 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, Gather 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, Gather is hereby granted the right to charge the Guest’s credit card.

DAMAGE PROTECTION: 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, late fees and additional damages will apply.

NO SMOKING: Guest agrees that there is to be no smoking in or around the unit, on any patios, or on the property during occupancy. Guest will be responsible for any damage to the property caused by cigar, vape and/or cigarette smoke.

POOLS: If a Pool or Spa is available, Guest and other invitees shall use the pool or spa at their own risk.  Guest shall not permit use of the pool or spa by unsupervised children or other guests.

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 of arrival. Gather 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.

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

OTHER CANCELLATION: If Gather cannot provide access to the property for any reason, Owner and/or Gather 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/Gather 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:  Gather 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 or inaccessible due to such circumstances Owner and/or Gather may cancel this Agreement and refund in full to the Guest all payments made.

CONSTRUCTION: Gather and Owner are not responsible for any construction noise beyond the Property. Guest acknowledges that Gather 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 including, but not limited to daily cleaning, room service, valet, 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 that you turn off air conditioning or heating when gone, and that you ensure all doors and windows are shut if the air conditioning is on, or 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:  Gather and Owner do not guarantee against mechanical or electrical failure of air conditioning, heating, fans, lights, televisions, DVDs, or other equipment.  Guest agrees to report any inoperative items to the Property Manager  promptly, and Gather 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 Gather or their designated vendors may enter the property in order to inspect or make necessary or requested repairs. Owner or Gather 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. In the case of guest reported issues, services to repair may occur in less than 24 hours. 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 that Gather is not responsible for travel impacted by environmental hazards including but not limited to Tidal Wave/Tsunami, Hurricane and Flood, Volcano Eruptions, Snow Storms etc. Please refer to the local public authorities regarding the inundation area and evacuation instructions should a threat occur. We recommend Vacation Rental Insurance for any unforeseen circumstances. 

OCEANS,  BEACHES, LAKES & RIVERS: As with most natural areas, oceans, beaches, lakes, rivers are unpredictable. Gather cannot guarantee the condition or accessibility of such areas and will not give refunds due inaccessible conditions.

MAIL AND DELIVERIES: Gather 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 Gather 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 Gather 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 Gather (example: mailing left items back to guest). 

INVENTORY: All contents of the house, including books, cds and dvds, are provided for your full enjoyment for use during your stay and must remain in the home.  Please note: A full inventory of the house is taken.  Please let us know ahead of time if something is broken or lost, it is very much appreciated.

HOUSEHOLD SUPPLIES: An initial supply of soaps, cleaning supplies, paper goods and other necessities have been provided for your use. You will likely need to pick up additional supplies during your visit.

CONSERVATION: Help us minimize our footprint by conserving water, electrical, gas and other utilities. You can help by shutting off unused appliances, fans, lights etc. Please do NOT change any setting in the freezer or refrigerator.

SHOES IN THE HOUSE: Gather started in Hawaii, where it is tradition to remove your shoes before entering a home. We’d like to continue in that tradition and ask you kindly remove footwear outside or in the entryway.

FURNITURE: Please do NOT move any furniture around to avoid damaging floors or furniture. Also, please use caution when eating or drinking near any furniture, upholstery, or bedding. Please do not put any wet clothes, bathing suits on the furniture or balcony and/or lanais rails. Interior furniture is to be used ONLY INSIDE. Moving furniture is discouraged. When moving dining chairs or bar stools, please be careful to avoid floor damage. Use patio furniture on the patio only.

WASHER & DRYER: We ask that you try to run full loads when possible to conserve utilities. Please make sure the lint trap is cleaned after each dry cycle. 

HOUSEKEEPING SERVICES: Housekeeping service is not provided with your rental, unless otherwise specified in your rental agreement. Please call the property manager should you wish to schedule a cleaning.

SPILLS: Please clean up immediately! If on linens, pillows etc. – Please wash asap to avoid stains.

YOUR SAFETY AND SECURITY: When leaving the home unattended, or during the night, please close and lock all windows and doors. Be cautious with your personal belongings at all times. In the case of any emergency, call local authorities.

NEIGHBORHOOD: Please be thoughtful of our neighbors, no loud music or excessive noise from 8pm to 8am.

PETS: Unless otherwise allowed per your rental agreement, pets or animals of any type are not allowed in the home regardless of how adorable they look.

PARKING: Please park in your designated parking areas. Please be respectful of the neighbors and do not block driveways, sidewalks or mailboxes.

PARTIES/EVENTS: This reservation is for quiet residential vacation use only. Therefore, parties, receptions, events and gatherings of any size or kind are strictly prohibited unless otherwise agreed to in writing in advance..

AFFIRMATIONS: Guest agrees to indemnify, defend and hold harmless Owner and Gather and their employees, contractors, representatives and agents 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 Gather 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 will be construed in  accordance with and governed by the substantive law of the state  in which the Property is located, without regard to that state’s conflict  of law rules.  

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 property, 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 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 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 additional fees and damages.

Special Terms for Oahu 30-Day Rentals

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.

For reservations checking in after April 21, 2023: Due to a recent change in Oahu County land use law, stays of less than 90 days in residential areas may be prohibited after October 23, 2022. There is pending litigation disputing this change in law. In the case that the litigation is unsuccessful in allowing rental periods of 30 days, this reservation may have to be canceled. Guest understands Guest’s only restitution in this situation is a full refund of any rents paid to Elite Pacific. Reservations checkin in prior to October 23, 2022 must adhere to Ordinance 19-18, requiring 30 day rental periods, but will otherwise not be impacted.

Special Terms for Big Island 31-Day Rentals

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 3.5%.

Special Terms for Hualalai Bookings

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.

Affirmations

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 3.5% 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.

Last Updated: 2022-07-13 14:24:47