terms and conditions + Contract

30 DAY TERM RENTAL AGREEMENT  

1. The Parties 

This 30 day rental agreement is made this day …... between ……. Hereinafter referred to as “Tenant”, and North Kohala Properties, LLC / Samara Mitchell, manager at PO Box 425, Kapaau, HI 96755 and Kapaau Holdings LLC, Thomas Mitchell, manager, Hereinafter referred to as “Landlord”.

2. The Property

Property Location: 55-164 Kokoiki Road, Hawi, HI 96719

3. Rental Period and Number of Guests

Total people in the rental party consists of …….

Rental period begins at 3:00 PM on the …….

Rental period ends at 12:00 PM on the …….

4. Rental Amount

Total rental amount for the time period above is $ 495.00 per day plus fees

5. Fees, Taxes, and Deposit

☐ Cleaning Fee: $550

☐ Security Deposit: $3,000 ( To be returned within one week of tenant departing after an inspection)

☐ GE County Tax: $ …… 4.25% of total cost of rental (without security deposit)

☐ Hawaii County Transit Tax: $ …… 10.25% of total cost of rental (without security deposit)

Additional fees may apply if an excessive amount of utilities are used such as electricity if the air conditioner is left on when not in the residence and propane gas if the hot tub is left on for longer than 2 hours at a time.

Total Deposit and Fees Due with Signed Agreement: $.......

6. Termination

The Landlord has the right to inspect the premises with prior notice as stated with the applicable State laws. Should the Tenant violate any of the terms of this agreement, the rental period shall be terminated immediately in accordance with State law.

The Tenants waive all rights to process if they fail to vacate the premises upon termination of the rental period. The Tenants shall vacate the premises at the expiration time and date of this agreement.

7. Maintenance and Repairs

The Tenants shall maintain the premises in a good, clean manner, and use the premises only in a careful and lawful way. Tenants shall pay for maintenance and repairs should the premises be left in a lesser condition. The tenants agree that the Landlord shall deduct costs of said services from the security deposit prior to refund if tenants cause damage to the premises or its furnishings.

8. Pets – No pets are allowed unless previously arranged. 

9. Subletting -The Tenant shall not have the right to sublet the property.

10. Quiet Enjoyment

The Tenants shall be good neighbors respecting the rights of the surrounding property owners. The Tenants shall not create noise or disturbances likely to disturb or annoy the surrounding property owners. Creating a disturbance of the above nature shall be grounds for immediate termination of this agreement and Tenants shall then immediately vacate the premises. Quiet hour starts at 9 PM where outdoor noise should be kept to a minimum.

11. Smoking – Smoking is prohibited.

12. Essentials

Landlord shall provide the following to the Tenant a fully furnished house including but not limited to: beds, towels, linens, laundry soap, cups, knives, forks, spoons, dishes, kitchen equipment, beach chairs and pool accessories. All items and furnishings to remain on property after the term of this agreement.

13. Landlord’s Liability

The Tenants and Tenants' Guests shall hereby indemnify and hold harmless the Landlord against any and all claims of personal injury or property damage or loss arising from use of the premises regardless of the nature of the accident, injury or loss. Tenants expressly recognize that any insurance for property damage or loss which the Landlord may maintain on the property does not cover the personal property of Tenants, and that Tenants should purchase their own insurance for Tenants.

14. Attorney’s Fees

Tenants agree to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by Landlord enforcing this agreement.

15. Use of Property

Tenants expressly acknowledge and agree that this Agreement is for a 30 day transient occupancy of the Property, and that Tenants do not intend to make the property a residence or household unless previously arranged. 

16. Shortened or Extended Stays and Conditions

The 30 day rental period may be extended with at least a one week notice and provided that there are no other renters booked for that time period. There shall be no refund of rents due to shortened stays or ruined expectations, weather conditions or unforeseen circumstances.

17. Firearms – No firearms shall be allowed on the premises according to State and local laws.

18. Fireworks, Fires and Candles

Tenant agrees that Fireworks or any type of indoor or outdoor fires and other hazardous materials such as candles in the bedrooms or other rooms shall not be used in or around the property.

19. Illegal Use

Tenants shall use the property for legal purposes only and other use, such as but not limited to, illegal drug use, abuse of any person, harboring fugitives, etc. shall cause termination of this agreement with no refund of rents or deposits.

20. Pool / Sauna / Steam Shower

Tenants and Tenants guests recognize and understand that using a Swimming Pool, a Sauna and / or a Steam Shower involves certain risks. Those risks include, but are not limited to, the risk of injury resulting from possible malfunction of the equipment used in the pool and injuries resulting from tripping or falling over obstacles in the pool area or any issues resulting from the use of the sauna or steam room.                (Please initial) ____

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:

In consideration, Tenant hereby agree as follows:

TO WAIVE ANY AND ALL CLAIMS from any and all liability for any loss, damage, injury or expense that Tenant and her employees may suffer as a result using the Swimming Pool and / or Sauna or the Steam Shower or any portion of the house or, property due to any cause whatsoever, INCLUDING CARELESSNESS ON THE PART OF THE LANDLORD.

TO HOLD HARMLESS AND INDEMNIFY LANDLORD from any and all liability from any damage to property of, or personal injury to, any family member, guests, agent, employee, person residing in the house or any invited third party, resulting from the use of the Swimming Pool, Sauna and / or a Steam Shower or any portion of the house or, property; That this Agreement shall be effective and binding upon tenants heirs, next of kin, executors, administrators, employers, employees and assigns.

21. Possessions

Valuable items left behind by the tenants will be held for the tenant and every reasonable effort will be made to contact the tenant for return. If items are not claimed for longer than 6 months they shall become the property of the Landlord. The Landlord shall not be held liable for the condition of said items.

22. TV

TV is provided and service level has been chosen by the Landlord. No refund of rents shall be given for outages, content, lack of content, or personal preferences with regard to cable TV service.

23. Internet

The Google Nest High speed wireless internet is provided as a convenience only and is not integral to the agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to internet service.

24. Other Agreements

In addition to the language stated in this agreement the parties, Landlord and Tenant, agree to the following: ____________________________________________________________________.

25. Manager/Landlord Contact

Landlord/Manager’s Name: Samara Mitchell, Manager - North Kohala Properties, LLC

Landlord/Manager’s Name: Tom Mitchell, Manager - Kapaau Holdings, LLC

Inquiries and mailing address:

North Kohala Properties LLC

PO Box 425

Kapaau, HI 96755

808-896-0872 Samara Mitchell cell phone / 808-345-7100 Tom Mitchell cell phone

sperrell@gmail.com / Samara Mitchell email

tom@thomasmitchell.com/ Tom Mitchell email

Checks or transfers to be made out to:    North Kohala Properties, LLC

26. Governing Law

This agreement is governed under the laws of the State of Hawaii.

Landlord and Tenant agree to the above conditions on this ……         (date) and hereby swear that the information provided is accurate and true:

Tenant’s Signature _____________________________ Date ______________

Tenant’s Signature _____________________________ Date ______________

Print Name _____________________________  

Print Name _____________________________  

Landlord’s Signature _____________________________                                Date …….

Print Name Samara Mitchell

Print Name North Kohala Properties, LLC / Samara Mitchell / Manager

Landlord’s Signature _____________________________                                Date …….

Print Name Thomas Mitchell

Print Name Kapaau Holdings, LLC / Thomas Mitchell / Manager 

License number

GE-043-886-7968-01 and TA-043-886-7968-01

These Terms and Conditions, along with the confirmation email we send you after you make Your reservation (“Confirmation Email”), form a binding contract between You and Us, effective as of 24 hours after We send the Confirmation Email to You (“Agreement Date”).

In these Terms and Conditions, “Agreement” means these Terms and Conditions and the Confirmation Email collectively. “You” and “Your” means the person or persons making the reservation and those who will be staying at the Property as guests. “We,” “Our,” “Ours,” and “Us” means Hawaii Vacation under North Kohala Properties LLC and Kapaau Holdings LLC.

We manage the rental property located at the address identified in the Confirmation Email(“Property”) also as 55-164 Kokoiki Road, Hawi, HI 96719. With this Agreement, You and We (collectively, “Parties”) wish to agree on the terms of Your renting the Property on a short-term basis for vacation purposes. Therefore, the Parties agree as follows:

1. Rejection of Agreement.

By making a reservation and payment on Our website, travel agent (airbnb, home away etc.) or any other means, You are agreeing to accept or reject this Agreement within 24 hours of Our sending You the Confirmation Email. To reject this Agreement, You must respond to the Confirmation Email at info@hawaiivacation.info and notify Us that You wish to reject this Agreement. If You do not reject this Agreement within 24 hours of Our sending the Confirmation Email, You will automatically be deemed to have accepted this Agreement.

2. Reservation.

Subject to the terms and conditions of this Agreement, You will rent the Property solely for short-term vacation purposes between the “Check-In Date” and “Check-Out Date” identified in the Confirmation Email. Your lease of the Property will start at 3:00 p.m. on the Check-In Date, and will end at 11:00 a.m. on the Check-Out Date. You may not check in early or check out late without Our prior agreement. However, We may require check in to occur later than 5:00 p.m. during peak holiday periods.

3. Rent and Other Charges.

You will pay Us the full amount of rent, taxes and other fees stated in the Confirmation Email (collectively, “Total Charges”). Rent may be combined with other Fees and will be stated in the Confirmation Email. We highly suggest that you consider purchasing travel insurance from a company such as https://www.travelinsurance.com/. We have no affiliation with this company and there are many online travel insurance companies available. 

• (a) Payment Deadlines. If Your Agreement Date is less than 60 days before check-in, You authorize Us to charge 100% of the Total Charges to Your credit card when You make the reservation. If Your Agreement Date is 60 days or more before Your check-in date, You authorize Us to charge 50% of the Total Charges to Your credit card when You make the reservation, and charge the remaining 50% to Your credit card 60 days before Your Check-In Date (“Second-Charge Date”).
• (b) Authorization. You authorize Us to charge Your credit card on file without any further notice to You on the Second-Charge Date. If 100% of the Total Charges aren’t paid to Us by the Second-Charge Date, We may cancel Your reservation at any time.
• (c) Nonrefundable Reservation Fees. “Nonrefundable Reservation Fees” may be combined with Rent and are included in the Total Charges. Nonrefundable Reservation Fees means cleaning fee, extra dirty, early check-in, late check-out, cancellations, travel-agent (airbnb, booking.com, home away marketing etc.), pet, accidental damage waiver, customer care as stated in the Confirmation Email as well as any other fees (if any) designated in the Confirmation Email. Nonrefundable Reservation Fees are fully earned by Us on the Agreement Date. Except as otherwise set forth in this Agreement or otherwise required by applicable law, We have no obligation to refund the Nonrefundable Reservation Fees to You for any reason, even if: (1) We cancel Your reservation because You failed to pay 100% of the Total Charges by the Second-Charge Date 
• (d) Application of Payments. Payments You make to Us are first credited toward the Nonrefundable Reservation Fees (and related taxes), then the rental fees (and related taxes), and then the Security Deposit (defined below). You will pay Us $25 for any returned check.
• (e) Security Deposit and Additional Charges.
  • (1) Certain charges may be designated as a “Security Deposit” in the Confirmation Email. To the fullest extent permitted by applicable law, We may deduct from the Security Deposit any costs for damages, extra cleaning, or repair of the Property, furniture, and other items in the Property which You cause or permit to occur, plus any sales tax, general excise tax, transient accommodations tax, and any other applicable taxes.
  • (2) If the Security Deposit is not sufficient to cover any costs or damages caused by You or for which You are responsible under this Agreement, You will be responsible for paying Us the difference promptly upon Our request.
• (f) Limited Damage Waiver. If You purchase a Limited Damage Waiver (as indicated in the Confirmation Email), We will apply the Limited Damage Waiver to cover any incidental damages up to fifteen (15) times the amount You paid for the Limited Damage Waiver. Any damages in excess of this amount will be Your responsibility.
• (g) Changes to Reservation. If You request a change in Your reservation (either dates or Property location) and We agree to the change, We may charge You $75, plus applicable taxes and any additional rent charges. We have no obligation to agree to a change in Your reservation.

4. Cancellations.

• (a) For a fee of 5% of the Total Charges, you may cancel Your reservation by giving Us written notice at least 60 days at info@Hawaii Vacation.info  before Your Check-In Date. If You do so, We will refund You the Total Charges except for the Nonrefundable Reservation Fees, including the cancellation fee of 5% of the Total Charges. If You cancel Your reservation after the Cancellation Deadline, including check in to check out period of your reservation for any reason, We will have no obligation to refund You any amounts You paid, except for the Security Deposit, unless otherwise required by applicable law. You acknowledge and agree that travel insurance is available for You to purchase from various third parties which may avoid or mitigate the risk of Your losing amounts You have paid under this Agreement if You cancel Your reservation.
• (b) To the fullest extent permitted by applicable law: (1) We may cancel Your reservation at any time for any reason, in Our sole and absolute discretion, and if We do so, We will refund You the Total Charges, including the Nonrefundable Reservation Fees; (2) We may move up Your Check-Out Date for any reason in Our sole and absolute discretion, in which case We will refund You a proportionate percentage of the Total Charges, including the Nonrefundable Reservation Fees; and (3) We will not be liable to You for any damages if We cancel Your reservation or move up Your Check-Out Date.

5. Holdover.

If You fail to check out and give Us possession of the Property on time on the Check-Out Date, We may charge You daily rent for the time You holdover at a rate equal to the lesser of: (a) 200% of the amount of the daily rent set forth in the Confirmation Email; or (b) the maximum rate permitted by applicable law.

6. No Assignment or Subleases.

You may not assign any part of this Agreement, sublease any portion of the Property, or grant any license or right to use any part of the Property. Any attempted assignment, sublease, or grant without Our written consent will be void.

7. Guest Rules.

• (a) Although We may provide a starter supply of toiletries and amenities (such as toilet paper, dishwasher detergent, and dish-washing liquid, etc.) as a courtesy, We have no obligation to replenish those items. Additional supplies may be provided but ultimately are Your responsibility.
• (b) The Property is equipped with a television, CD and video player, Google Nest WiFi, or related or similar electronics, replacement or repair is not guaranteed and no refunds will be given for malfunctions of such equipment.
• (c) The property is equipped with a dishwasher, washing machine, dryer and other large appliances. Replacement or repair is not guaranteed and no refunds will be given for malfunctions of such equipment/and or is at the discretion of the homeowner.
• (d) You will not give access to or permit any guests or occupants in the Property other than the individual or individuals specifically identified as You in this Agreement.
• (e) You assume responsibility for any damages to or theft from the Property, including towels and linens.
• (f) You may not make any alterations to the Property or its improvements, furniture, equipment, or other furnishings.
• (g) A Pet Fee is applicable for stays on a case-by-case basis.
• (h) Smoking is strictly prohibited in or on the Property, or in any common areas near the Property. Violations will result in an automatic $1,000 fine plus the cost of carpet/upholstery cleaning, and any other damages as a result.
• (i) After-hours lockout calls to a locksmith and related expenses incurred are Your responsibility.
• (j) Grilling is only permitted on grills. Propane refills may be undertaken only by Us, provided such refills will occur only during normal business following Your request that We do so. Charcoal may not be placed or burned within any gas grill.
• (k) You are responsible for Your own vehicle, including (but not limited to) damage or additional wear and tear resulting from coastal driving (if applicable) and related hazards thereto, and towing or other charges. We do not provide towing or roadside assistance reimbursement, regardless of type of the vehicle or road or weather conditions. The host does not accept liability for any inconveniences, delays or your inability to booking in a Unit arising from any temporary or permanent defects or stoppage in supply of water, gas, electricity or plumbing, damage caused by weather, road closures or conditions, construction, natural disasters, disruption or cancellation of your travel, events, conferences or reason for your booking, government orders, pandemics, viruses, illnesses, infestations, water conditions, closings, pollution, acts of God or other reasons beyond our control. No refunds will be given for any delays or cancellations due to such conditions. Accordingly, travel insurance with “cancel for any reason” terms is highly recommended for all bookings and may be purchased online or with an agent. Exception can be given to allow rescheduling or guest credits. Proper documentation of extenuating circumstance (illness, death, etc.) will be required, and final approval will be at the discretion of the host.
• (l) Quiet time is from 9:00 p.m. to 9:00 a.m.  If a noise complaint is reported, You will be charged $100 for the first complaint and $200 for each additional complaint.
• (m) You must maintain the Property in as good a condition as You received it, including but not limited to:
  • (1) keeping the Property safe and clean;
  • (2) not causing or permitting any unsafe or unsanitary conditions in the area surrounding the Property;
  • (3) disposing of all ashes, rubbish, garbage, and other waste in the provided trash receptacles;
  • (4) properly securing lids on trash receptacles at all times;
  • (5) not leaving trash on porches, decks, or any other exterior location;
  • (6) not destroying, defacing, damaging, or removing any part of the Property or rendering inoperable any smoke detector.
• (n) We do not guarantee Wi-Fi uptime, speeds or reliability for work or other purposes. No refund will be given due to power outage, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors.
• (o) No refunds for issues reported after check-out. Property issues must be reported to the host within 24 hours of check-in including pictures validating said claim.
• (p) You must promptly notify Us of the need for replacement of or repairs to any stove, hot tub, smoke detector, or other appliance or fixture at Property, and any other problems with or at the Property.
• (q) We are not responsible for the condition or upkeep, repair, or maintenance of any such common areas.
• (r) All non-transient vacation uses (including but not limited to parties, weddings, receptions, and similar events and activities) are strictly prohibited. You may not use the Property or permit the Property to be used in any way that interferes with any other guest’s, tenant’s, or owner’s use and enjoyment of property near to the Property.
• (s) You must comply with all other Rules and Regulations applicable to the Property. All such Rules and Regulations are a part of this Agreement and Contract and are incorporated into this Agreement by reference.
• (t) You will comply with all, and will not violate any, federal, state, and local laws and regulations applicable to the Property.
• (u) You are responsible for all items You bring into the property. We can check for Your lost or forgotten items in the property at Our earliest convenience, but cannot guarantee lost or forgotten items will be found and returned to You. We are not responsible for Your lost or forgotten items.

8. Default.

You must (and must cause all other guests and occupants of the Property to) abide by Your obligations under this Agreement. If You do not perform any one or more of Your obligations under this Agreement, We may (to the fullest extent permitted by law) evict You before the Check-Out Date and retain all payments made by You (except to the extent We may be required to refund some or all of the Security Deposit to You). We reserve all other rights and remedies otherwise available to Us under at law or in equity.

9. Indemnification.

You will indemnify, defend, and hold harmless Us and the owner of the Property from and against all demands, causes of action, claims, losses, liabilities, expenses (including reasonable attorneys’ fees and costs), and damages to persons or property based on, arising out of, caused by, connected to, or related to Your (or any of Your guests’) negligence, willful misconduct, or breach of this Agreement (including but not limited to the Guest Rules). This obligation will survive termination of this Agreement. This applies to use of sauna, steam, pool, hot tub, and ladders to access the bunk beds.

10. Miscellaneous.

• (a) Joint and Several Liability. Each person renting or occupying the Property is jointly and severally liable under this Agreement, and We may proceed against any one or more of You without first proceeding against any other.
• (b) Integration of Entire Agreement. This Agreement is the final, entire agreement among the Parties pertaining to the subject matter of this Agreement, and supersedes all previous agreements and understandings pertaining to this Agreement or its subject matter.
• (c) No Waiver; Amendments. A failure by Us to require strict performance of any provision of this Agreement, or to exercise any right or remedy arising because of a breach, is not a waiver of that breach or any other covenant, duty, agreement, or condition. Any extension or waiver by Us of any provision in this Agreement will be valid only if set forth in writing signed by Us. This Agreement may not be amended or modified except by a written instrument executed by all of the Parties.
• (d) Interpretation. No provision of this Agreement may be interpreted for or against any Party on the basis that it drafted such provision, and no presumption or burden of proof may arise disfavoring or favoring any Party because of the authorship of any of the provisions of this Agreement.
• (e) Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable in any respect for any reason, the validity, legality, and enforceability of that provision in every other respect and the remaining provisions of this Agreement will not, at the election of the Party for whose benefit the provision exists, be in any way affected or impaired.
• (f) Applicable Law. This Agreement will be governed by the laws of the State of Hawaii in which the Property is located without regard to the choice of law or principles of conflict of law.
• (g) Disputes.
  • (1) Mediation. If a dispute arises out of or relates to this Agreement, or a breach of this Agreement, which the Parties cannot settle through negotiation (“Dispute”), the Parties will first try in good faith to settle the dispute by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute-resolution procedure. Mediation will take place in the State in which the Property is located.
  • (2) Arbitration. Any Dispute which the Parties cannot resolve through mediation with AAA will be settled by arbitration administered by the AAA in accordance with its rules. The arbitrator selected by You and the arbitrator selected by Us will, within 10 days of their appointment, select a third neutral arbitrator. If the arbitrators selected by the Parties are unable or fail to agree upon the third arbitrator, the AAA will select the third arbitrator. Before commencement of hearings, each of the arbitrators appointed will provide an oath or undertaking of impartiality. Arbitration will take place in the State of Hawaii in which the Property is located. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. References in this Agreement to the possibility of resolving a Dispute with an action or proceeding other than arbitration (for example, in Section 11(h) Jurisdiction) are merely meant to express the Parties’ intent to be as inclusive as possible, are not intended to permit resolution of a Dispute other than by arbitration.
• (h) Jurisdiction. The Parties will bring all actions in law, equity, or otherwise arising under this Agreement (or related to the transactions contemplated in this Agreement) and which are not otherwise required to be arbitrated (if any), exclusively in the federal or state courts sitting in the State of Hawaii in which the Property is located, and in no other jurisdiction or venue. Each Party consents to the jurisdiction of such courts. You further agree that personal jurisdiction over You may be effected by service of process by registered or certified mail addressed to the last address that You provided to Us, and that when so made will be as if served upon You personally within the State of Hawaii.

11. Hawaii.

The provisions of this Hawaii Section apply to the Property located in Hawaii, in which case this Hawaii Section will control over any other provisions in this Agreement which conflict with this Hawaii Section.

• (a) Trust Account. We may place any or all of the funds You pay under this Agreement in an interest-bearing trust account. We may remove any Nonrefundable Reservation Fees, and any other fees or amounts after they are earned from time to time, from such account at any time. The funds may be commingled with the funds of others deposited in that account. Interest that accrues on those funds will be for the benefit of, and will be paid to, Us.
• (b) Service of Process. The name and address of the person who is authorized to act on behalf of the Property for the purpose of service of process and receiving and receipting for rents, notices, and demands is: Tom Mitchell PO Box 1011 Kapaau, Hawaii 96755. Phone (808) 345-7100
• (c) Local Contact. The name and address of the person residing on the island where the Property is located who is designated to act on the Property owner’s behalf is set forth in the Confirmation Email.
• (d) Security Deposit. If We propose to retain any amount of the Security Deposit, We will notify You, in writing (unless You wrongfully quit the Property), together with the particulars of and grounds for the retention, including written evidence of the costs of remedying Your defaults, such as estimates or invoices for material and services or of the costs of cleaning, such as receipts for supplies and equipment or charges for cleaning services. We will return the Security Deposit (or the portion of the Security Deposit remaining after We have claimed and retained authorized amounts, if any) to You not later than 14 days after the termination of this Agreement. If You cancel Your reservation before the Check-In Date, We will return the Security Deposit to You within 14 days after cancellation.
• (e) Disputes (Hawaii). The Property is located in Hawaii, and Disputes (Hawaii)Section will control over Section 10(g) Disputes.
  • (1) Mediation (Hawaii). If a Dispute arises which the Parties cannot settle through negotiation, the Parties will first try in good faith to settle the dispute by mediation administered by Dispute Prevention and Resolution Inc., a Hawaii corporation (“DPR”) before resorting to arbitration, litigation, or some other dispute-resolution procedure.
  • (2) Arbitration (Hawaii).
    (A) Any Dispute which the Parties cannot resolve through mediation with DPR will be submitted to binding arbitration administered by DPR, under the then-current Arbitration Rules, Procedures and Protocols of DPR(“DPR Rules”), including the Deadline-Driven Arbitration Procedures contained in the DPR Rules, to the extent they are consistent with this Arbitration (Hawaii)Section. Mediation will take place in Honolulu, Hawaii. References in this Agreement to the possibility of resolving a Dispute with an action or proceeding other than arbitration (for example, Section 11(h) Jurisdiction) are merely meant to express the Parties’ intent to be as inclusive as possible, are not intended to permit resolution of a Dispute other than by arbitration.
    
    (B) A Party may initiate arbitration by giving the other Party written notice of submission of a Dispute to arbitration (“Arbitration Demand”).  Upon receipt of an Arbitration Demand, the Parties will use their best efforts to agree upon and retain a single arbitrator from DPR’s panel of neutral arbitrators. If the Parties cannot agree upon and retain a single arbitrator within five days after an Arbitration Demand is received, then the President of DPR will select the arbitrator.
    
    (C) Notwithstanding anything in the DPR Rules to the contrary, the arbitration will be conducted on an expedited basis so that the hearing will take place in Waimea, Hawaii 96743 within 60 days of the receipt of the Arbitration Demand, the hearing will not exceed 10 days, and the arbitrator will issue an award within 30 days of the hearing.  The award may include declaratory relief, injunctive relief, or specific performance except as otherwise prohibited by this Agreement and will be binding and non-appealable.  Judgment may be entered upon any award made in arbitration by the Circuit Court of the First Circuit of the State of Hawaii as provided by statute, which judgment will not be subject to appeal.
• (f) STVR Good Neighbor Policy (Hawaii).
  • (1) Quiet hours shall be from 9:00 p.m. to 9:00 a.m, during which time the noise from the STVR shall not unreasonably disturb adjacent neighbors.
  • (2) Sound that is audible beyond the property boundaries during non-quiet hours shall not be more excessive than would be otherwise associated with a residential area.
  • (3) Guest vehicles shall be parked in the designated onsite parking area.
  • (4) The STVR shall not be used for commercial purposes.

12. COVID 19 Notice and Disclaimer to Guests

On March 11, 2020, the World Health Organization declared COVID-19 a global pandemic. COVID-19 has changed a lot about the way We at HawaiiVacation.info do business and the ways in which We interact with guests.

While much uncertainty and apprehension around COVID-19 remains, We do know that COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. It may also spread by touching a surface or object that has the virus on it, then touching Your mouth, nose, or eyes. Some evidence suggests that COVID-19 can live on certain surfaces for several days.

At HawaiiVacation.info, We have implemented various preventive measures aimed to reduce the risk of the spread of COVID-19 among Our guests, homeowners, vendors, and employees. However, We do not guarantee or warrant against the risk of infection.

None of the information provided herein is intended as medical advice. This Notice and Disclaimer is intended as a warning to our guests of the risk of contracting COVID-19, a disclaimer of Our liability and the liability associated therewith, and an explanation of some of the things We’re doing to mitigate the risk of the spread of COVID-19, as well as some of the things We believe Our guests can do to help.

• (a) Here’s what We’re doing:
  • (1) We have enhanced Our cleaning procedures, giving special attention to cleaning and disinfecting frequently touched surfaces such as tables, faucets, railings, light switches, and doorknobs.
  • (2) We have implemented a company-wide policy designed to limit physical interactions between employees and guests, owners, vendors, and visitors, as well as physical interactions among Our employees. To the fullest extent possible, Our employees are working remotely. Employees working in or around Our offices, working inside of Our homes, and physically interacting with guests and owners are directed to adhere to specific general hygiene and social distancing requirements.
  • (3) Our employees will wear masks while inside of Our homes and while interacting with guests outside of Our offices. Our employees are required to wear masks during all face-to face interactions.
  • (4) To further limit physical interactions, Our staff may work with guests via phone or video conference to troubleshoot any maintenance or service requests. Our staff will enter guest-occupied homes only if requested and absolutely necessary. Our employees may not enter an occupied home until all occupants have relocated to a separate, distant area within or outside of the home.
• (b) Here’s what You can do:
  • (1) Staying healthy and mitigating the risk of contracting COVID-19 will require Your help. Protect yourself and exercise social responsibility. Maintain at least six (6) feet social distancing from others when possible. Wear a mask, particularly in places like grocery stores and other public-serving businesses. Wash Your hands using soap and water for at least twenty (20) seconds as frequently as possible. Carry hand sanitizer and use it frequently. During Your stay, regularly clean and wipe down high-touch surfaces. Clean and wipe down personal items such as phones and wallets, and clean areas inside of Your vehicles, such as steering wheels. Avoid contact with others who are sick. If You feel sick, isolate yourself from others and seek medical attention.