Legal

Terms & Conditions

Short-Term Vacation Rental Agreement

This Short-Term Vacation Rental Agreement (the "Rental Agreement" or "Agreement") is made and entered into effective as of the signing date by and between the property owner ("Owner"), Polu Hospitality Group LLC dba Polu Resorts ("Polu Resorts" or "Agent"), and [Guest Name] ("Guest", "You", "Your", and together with the Owner and Polu Resorts, the "Parties") for a short-term vacation rental stay ("Stay") at the condominium located at [Suite Address] (the "Suite"), which is located within the private resort community known as Hali'i Kai at Waikoloa, referred to herein as "Hali'i Kai" or the "Resort", or any combination thereof.

The Suite and the Hali'i Kai Resort are referred to individually and collectively herein as the "Property".

The Guest and any other persons who use, occupy or otherwise access the Property with the Guest's consent during the Stay are referred to herein as the "Guest Parties".

The Parties agree to the following terms and conditions for the Stay contemplated by this Agreement:

Section 1: General Provisions

The Guest agrees to, and agrees to insure that all Guest Parties shall, abide by the terms of this Agreement and by all laws, regulations, rules and policies applicable to the Suite and to the Hali'i Kai Resort, including the Hali'i Kai Community Rules attached at Exhibit A hereto and the Hali'i Kai Ocean Club and Pool Rules attached at Exhibit B hereto, and by other notices or rules posted within the Resort or in the Suite (collectively, the "House Rules").
Further details specific to the Guest's reserved Stay in the Suite are stated elsewhere, the terms of which are hereby incorporated into this Agreement by reference, as follows:
1. Reservation confirmation: Certain details specific to the Guest's reserved Stay in the Suite are specified in the reservation confirmation, also sometimes referred to as the booking confirmation (the "reservation confirmation") emailed to the Guest upon booking of the Stay by Polu Resorts from the email address [email protected].
2. Polu Resorts Guest Portal: Other details specific to the Guest's reserved Stay in the Suite are included in the Polu Resorts guest portal (the "Polu Resorts Guest Portal") which Guest will be required to enter in order to complete the reservation and sign this Agreement.
Polu Resorts concierge desk: For questions about your reservation, or as required by this Agreement, the Polu Resorts concierge desk ("Polu Resorts concierge desk") can be reached by email at [email protected] or by phone or text at (808) 758-POLU (7658).
Occupancy limit: The maximum number of occupants for the Suite during the Guest's Stay is limited to the number of persons stated on the Guest's reservation confirmation. The Guest agrees that the number of Guest Parties shall not exceed the number of occupants stated on the Guest's reservation confirmation unless otherwise agreed in writing with the Owner in advance.
Parking: Guest parking is limited to designated parking areas only. Each suite generally has only one (1) designated parking spot in the Resort. See additional terms and Guest obligations at Section 38 (Parking & Rental Cars) below.
AC use: The Guest shall insure that the Guest and all Guest Parties keep all windows and doors in the Suite closed when the air conditioning is turned on. See additional terms and Guest obligations at Section 18 (Air Conditioning & Electricity Use) below.
BBQ use: See the important barbeque use policy and related Guest obligations at Section 19 (Open Flames & Propane BBQ Grills) below.
Illegal or commercial use not permitted: The Guest agrees that the Guest Parties shall not use the property for any illegal or commercial purpose, including but not limited to sub-lease of the property.
Parties not permitted: The Guest and the Guest Parties must not hold events (such as parties, celebrations or meetings) at the Property without the advance written consent of the Owner or Polu Resorts. Any unapproved occurrences of such events will permit the Owner or Polu Resorts to terminate the Stay contemplated by this Agreement without refund. In such a circumstance, neither the Owner nor Polu Resorts shall be legally responsible to locate alternate accommodation for the Guest or any Guest Party nor to compensate any Guest Party therefor.
Changes to the Property: Neither the Guest nor any Guest Parties shall make any changes to the Property without prior written agreement from the Owner.
Responsibility for damage: The Guest shall be responsible for the direct and indirect costs of repairing any breakage or damage to the Suite during the Stay, as well as any other costs to the Owner, Polu Resorts, or the Hali'i Kai Resort which result from the action or inaction of the Guest or any Guest Party during the Stay, with the exception of normal wear and tear and normal maintenance costs.
Assumption of risk: The Guest agrees to accept all risk, on behalf of the Guest and all Guest Parties, for use of the Suite, the Resort, and their amenities, equipment and facilities during the Stay. See important additional provisions about Guest's assumption of risk at Section 45 (Assumption of Risk) below.
Indemnification and release of liability: The Guest agrees to indemnify, hold harmless, and release Owner, Polu Resorts, and their associated persons for and from any and all liability arising from accidents, injury or loss associated with Guest or Guest Parties' use or activity involving the Suite, the Resort, and their amenities, equipment and facilities during the Stay. See important additional provisions about this indemnification and release of liability by Guest at Section 46 (Indemnification & Release of Liability) below.
Owner & Polu access to the Suite: The Guest must permit the Owner, Polu Resorts, or their authorized representatives (including workmen) with reasonable access to the Suite at any reasonable time during the Stay. In addition, in the case of an emergency, or if a problem needs to be resolved urgently to avoid undue damage or danger, and the Guest cannot be reached immediately, the Owner, Polu Resorts or their authorized representatives may enter the Suite at any time with or without prior notice.
Right to expel Guest: If the Owner or Polu Resorts reasonably believes that the Guest or any Guest Party is acting illegally, acting in violation of this Agreement or the House Rules, or acting in a manner that has caused, is causing, or is expected to cause damage to the Suite or the Hali'i Kai Resort, the Owner or Polu Resorts may terminate the Stay contemplated by this Agreement, may refuse Guest access to the Property and may require the Guest or any Guest Party to leave the Property, without refund. In such a circumstance, neither the Owner nor Polu Resorts shall be legally responsible to locate alternate accommodation for the Guest or any Guest Party nor to compensate any Guest Party therefor.
No limitation: No provision or term in one part of this Agreement shall operate or be construed as a limitation on any similar or other provision or term contained in another part of this Agreement.
Totality of agreement: This Agreement, including the reservation confirmation and the House Rules defined and incorporated herein, expresses and reflects the entirety of the agreement between the Parties concerning the Stay and supersedes and replaces any prior understandings or agreements between them concerning the content hereof. By doing business with Owner and Polu Resorts, you agree to the foregoing and following terms and conditions for the Stay.
Amendment: Owner and Polu Resorts reserve the right to unilaterally modify this Agreement solely to clarify the meaning of its terms, or to otherwise amend the Agreement in any way that does not disfavor the Guest. Any other modification or amendment to this Agreement shall only be valid if agreed to in writing by all Parties hereto.
Notices: Any notice or other written communication between the Parties concerning the Stay or this Agreement may be sent to the email address of record for that party maintained in the Polu Resorts reservation system, or by registered mail to the mailing address of record for that party in the Polu Resorts reservation system.

The specific terms of this Rental Agreement remain subject to change until this Agreement has been formally signed and accepted by the Guest within the Polu Resorts Guest Portal.

Section 2: Booking Conditions

In addition to Guest execution of this Rental Agreement, all guest stays at the Suite remain subject to satisfactory compliance with the guest validation and other pre-check-in requirements specified in this Agreement before a guest stay is finally committed by the Owner and Polu Resorts. By booking your reservation, your rental rate for your Stay is committed and will not change, however your right to the Stay itself remains subject to satisfactory fulfillment of these additional requirements.

As part of the guest validation process, Polu Resorts requires personally identifying information to complete your reservation. This includes but is not limited to: the Guest's full name, date of birth, email address, phone number, government issued ID number and photo proof thereof, bank account or credit card details, full legal address of your primary residence, country of residence, and other information that may be required by certain booking portals or payment systems. Failure to provide all requested information will result in a cancellation of your reservation. The primary Guest contact on the reservation must be present at the time [of check-in] [the Guest first enters/takes possession of the Suite]. The Owner and Polu Resorts reserve the right to cancel any reservation if there is reasonable suspicion of fraudulent or illegal activity concerning the Stay. In limited cases, we may request third-party verification of your identification documents via a service provider.

Section 3: Fraud Prevention

Due to increased fraud risk, valid billing addresses that match the residency address of the primary card/account holder must be provided at the time of booking. Prior to your arrival, photo identification of the primary card holder must be submitted via our secure check-in portal. The Owner and Polu Resorts reserve the right to request or require additional identification including requesting a selfie photo, photo proof of government ID, current residential addresses. If additional verifications are requested but not provided, the Owner reserves the right to cancel the reservation. Reservations made within 30 days prior to arrival are subject to additional identity verification checks. All reservations are reviewed for fraud risks regardless of any external factors. The Owner via Polu Resorts uses a secure third-party verification service to conduct additional checks. Your privacy and trust is extremely important to us and we handle your sensitive information with care.

Section 4: Reselling of Stays is Prohibited

The Owner and Polu Resorts market the Suite for short-term vacation rentals to guests only through Polu Resorts, AirBNB, VRBO, and a limited number of travel agencies. Resales of a stay at the Suite by a guest are strictly prohibited unless authorized in writing by the Owner. If you purchased your Stay in the Suite from a party other than Polu Resorts, AirBNB or VRBO, please contact the Polu Resorts concierge desk immediately. Travel agencies may contact Polu Resorts to establish an account for marketing stays at the Property.

Section 5: Advertised Rates

By confirming your reservation, your rental rate for your Stay is committed and will not change, subject to your fulfillment of the remaining booking conditions described herein. However, after your booking and before your Stay commences, the Owner may instruct Polu Resorts to update advertised rates for future stays at the Suite, or to make additional services available to confirmed guests of the Suite. Such additional services may be offered to you prior to your arrival for your Stay, or in limited cases after your departure. Unless otherwise stated in writing, such additional services are not included in the base nightly rate.

Section 6: Check-In

Your identification documents will be confirmed during the pre-check-in process initiated through the Polu Resorts Guest Portal. All required information must be submitted by the Guest by no later than one (1) week prior to arrival. Access to the Property will be provided only after all information has been reviewed and confirmed accurate. Please see the applicable Guest check-in time stated in your reservation confirmation email for the Stay and in the Polu Resorts Guest Portal, as they may be unique for each suite. Polu Resorts does not offer a luggage holding service if you arrive to the Property early.

Section 7: Check-Out

Guests must depart the Property no later than the check-out time stated on the Guest's reservation confirmation email for the Stay. The required check-out time is also posted in the Suite and in the Polu Resorts Guest Portal. Fees may be assessed to your account for unauthorized late departures. Late fees do not authorize the Guest to remain in the Suite past the specified check-out time. If you are in need of a late check-out please contact the Polu Resorts concierge desk at least 24 hours prior to departure to check availability. The Guest agrees to insure that the Guest and all Guest Parties will follow the check-out instructions provided in the Polu Resorts Guest Portal.

Section 8: Guest Cancellation & Refunds

Please see the cancellation policy published prior to booking and in your reservation confirmation. Cancellation terms for a stay at each property are also displayed and outlined on each listing. Cancellation waivers for your Stay may be available by contacting the Polu Resorts concierge desk. You may also purchase travel insurance policies through third-party vendors, or review insurance coverage provided by your credit card company. Reservation dates may be modified up to 90 days prior to arrival, subject to availability and applicable price changes. By booking a reservation of the Suite, you acknowledge and accept these cancellation terms.

Refunds will be made only under the following circumstances: (i) the Suite reserved for the Stay becomes unfit for habitation and no acceptable substitute can be found; or (ii) the Suite is sold by the Owner, withdrawn from the rental market, or a change of managing agent is made and no acceptable substitution is agreed upon. Neither Owner nor Polu Resorts shall be liable to extend cancellations or refunds due to beach closures, changes in the hours of operation of the Resort's pool or other facilities, temporary closures of such facilities, or for changes to changes to furnishings in the Suite.

We strongly encourage guests to purchase travel insurance as our Hali'i Kai suites are individually owned and rental monies received are remitted to the Owner to pay the significant period costs of maintaining each suite. Unfortunately, neither Owner nor Polu Resorts are able to offer refunds within 90 days unless the one of the aforementioned circumstances is met.

Travel insurance: Polu Resorts recommends the purchase of travel interruption/trip cancellation insurance to guard against financial losses if a delay or cancellation of the trip is necessitated by unforeseen circumstances. Travel insurance is not provided by the Owner or by Polu Resorts.

See additional provisions for termination of a Stay by the Owner or Polu Resorts, without refund, described in Section 1 (General Provisions).

Section 9: Owner Right to Cancel

The Owner has the right to cancel any reservation within 48 hours of the time of booking with a full refund to the Guest at its sole discretion. The Owner also has the right to cancel any reservation that does not meet the additional Booking Conditions described at Section 2 (Booking Conditions) above prior to commencement of the Stay.

Section 10: Property Substitutions

If the Suite reserved cannot be occupied due to unforeseen circumstances not reasonably avoidable by the Owner or Polu Resorts, Polu Resorts has the right to substitute the original accommodation with another Suite with the same or superior characteristics, without any additional Guest payment.

Section 11: Guest Behavior

Guest is to treat the Suite in a respectful manner. Parties and events are not permitted in the Suite unless agreed to in writing by the Owner. All suites are non-smoking and additional cleaning fees will be charged should smoking occur inside the Suite. Guest agrees to adhere to the House Rules and any other notices or rules posted within the Suite or within the Hali'i Kai Resort.

Section 12: Youth Groups

Groups of youth or reservations held by a person under the age of 25 may be subject to additional damage deposit conditions. In accordance with Section 2 (Booking Conditions), guests will be required to submit government-issued ID and the primary Guest must be present during the arrival. Please contact us if you are a youth group for available options.

Section 13: Resort Community & House Rules

The Hali'i Kai Resort also imposes additional community rules concerning use of the Property during your Stay. Most of these rules are included at Exhibit A and Exhibit B hereto, while others are posted as notices or rules within the Resort. The Guest agrees and will ensure that both Guest and all Guest Parties adhere to the House Rules.

Section 14: Beach Gear & Other Physical Amenities

Beach gear, games, toys, and other physical amenities provided in the Suite are for provided for your use and enjoyment at your sole discretion and risk, with no warranty to fitness for purpose. Guest agrees and insures that Guest and all Guest Parties will use any physical amenities in the Suite solely at their own risk, and that neither Owner nor Polu Resorts shall be in any way liable for any result of such use.

Section 15: House Equipment & Kitchenware

The Suite includes kitchen appliances and additional countertop and other equipment. Please inspect such items prior to use and notify the Polu Resorts concierge desk immediately of any defects or safety concerns. Polu Resorts is not responsible for any injury that may occur from the use of these appliances. Never use damaged equipment if you suspect there is a defect.

Section 16: Promotional Amenities, Credits and Discounts

The Owner and/or Polu Resorts sometimes provide certain promotional items or amenities in the Suite for guests, or provide purchase discounts or credit offers for dining or other experiences on the island in connection with a stay in the Suite. Any such items are offered at the sole discretion of Polu Resorts, may change from stay to stay based on availability and other factors, and are not part of the Guest's confirmed reservation for the Suite.

Section 17: Wi-Fi & Television (IPTV)

Wi-Fi, television (IPTV), and other technology is installed in the Suite. These services are provided as a courtesy to our guests. Neither the Owner nor Polu Resorts make any guarantee of the quality of third-party content accessed though these services. Illegal and prohibited activities are not permitted when using the Suite's technology. Tampering with the Suite's devices may result in additional fees.

Section 18: Air Conditioning & Electricity Use

Reasonable air conditioning, electricity, and water use is included in your nightly rate. The Owner may limit the temperature range to prevent ice buildup and damage to AC condenser units. Electricity is very expensive in Hawaii and we thank you for doing your part in keeping all windows and doors closed while running the air conditioning, and in turning off lights when leaving the Suite. While air conditioning units in some suites automatically disable when doors are left open, not all of them do. Guests will be liable for damage to the Suite's air conditioning unit that results from running the air conditioning unit while windows or doors are open.

Section 19: Open Flames & Propane BBQ Grills

Barbecues and propane gas are included in your nightly rate. Our cleaning team will make sure your BBQ is clean prior to your arrival. You should still inspect it for carbon and oil build up prior to using a grill. To help prevent fires, open flames such as torches and candles are not permitted at our suites.

By entering or occupying the Suite, and by signing below, the Guest assumes full responsibility for notifying all Guest Parties of the following BBQ use policy:

A trained and competent person (the user) familiar with regular BBQ maintenance and operation shall operate the BBQ and not permit others from approaching the BBQ nor operating it. The trained and competent person must be over the age of 18. If none of the aforementioned exist in the Guest party, use of the BBQ is not permitted.
Before using the BBQ, the trained and competent person shall first ensure that the BBQ is clean and in proper working order, with no smell of propane gas or other possible safety hazards present while the propane tank and burner valves are in the off position.
The trained and competent person shall ensure that the igniter is in proper working order prior to opening the propane tank gas valve. They shall listen for a spark. If a spark is not heard or if the operator is unsure that the BBQ is in complete working order, they shall not use the BBQ and shall contact the Polu Resorts concierge desk without delay.
The BBQ user shall adhere to all safe BBQ operation standards including but not limited to:
1. Turning off propane tank when not in use
2. Keeping individuals away from hot surfaces
3. Opening the lid while lighting the BBQ and standing clear in case of gas buildup.
4. Keeping the grill surface and interior clean to prevent grease buildups and fires.
5. Knowing the location and proper use of extinguishers in case of fire.
The Guest, any BBQ user, and all Guest Parties acknowledge the dangers of propane BBQ grills including but not limited to death, dismemberment, serious burns, broken bones, and life-changing injuries.
The Guest and any BBQ user and any Guest Party affected party indemnify and hold harmless both the Owner and Polu Resorts and the Owner against any and all claims in the case of injury or harm to any persons resulting from use or access to BBQ grills and for any property damage resulting from use or access to the Suite's BBQ grill during the Stay.

Section 20: ADA Accessible Suites

Hali'i Kai is a private gated resort community which may not be independently accessible to all members of a Guest's party without the Guest present. Some suites are only accessible via stairs or have other access limitations. If you or someone in your party requires an ADA-accessible suite, please speak with the Polu Resorts concierge desk to explore options.

Section 21: Security Cameras, Noise Monitoring, & Air Quality Monitoring

Security cameras or any device that could intercept or record video/audio of an area for which a Guest expects a reasonable amount of privacy are strictly prohibited by Polu Resorts. The Resort may employ the use of security cameras/systems on the exterior gate, door, or driveway of the Property or in certain common areas. These systems are for the security of our guests and the Resort community overall. In some suites, the use of noise (decibel) monitoring systems may be used to prevent parties and manage noise complaints. Noise monitoring systems do not provide audio access and only report the loudness of the environment. We may also use air quality monitoring systems to prevent indoor smoking. Please speak to the Polu Resorts concierge desk if you have any privacy concerns or wish to clarify these provisions for your Suite. We take your privacy seriously and will disclose all systems installed in the Suite you have reserved.

Section 22: Pets

Most suites within the Hali'i Kai Resort do not permit pets. Please speak with the Polu Resorts concierge desk if you anticipate bringing your pet to the Property with you.

Service Animals: If you will be traveling with a qualified service animal, please notify Polu Resorts in advance.

Section 23: Unauthorized Access

For your safety, never allow any individual not in the Guest's party access to the Suite or the Resort (except authorized representatives of the Owner or Polu Resorts), and never provide door codes to those not on the reservation. You are responsible for any damage caused by unauthorized persons to whom you gave access to the Property.

Section 24: Property Damage

Upon your arrival, please promptly report any pre-existing defects or damage in the Suite to the Polu Resorts concierge desk. If damage occurs due to the negligence or recklessness of the Guest or any Guest Party, the full cost of repairs will be charged to the Guest's account using the payment method on file for the Stay. Damage due to normal wear and tear must be reported immediately to avoid damage recovery costs. You may purchase an optional non-refundable damage waiver when booking a reservation.

Section 25: Additional Cleaning Costs

The Guest shall leave the Suite in a clean and tidy state, with all dishes washed, trash removed, and other tasks specified in the check-out instructions posted in the Suite and/or in the Polu Resorts Guest Portal completed.

The Guest shall be responsible for payment for any additional cleaning costs due to excessive or unreasonable mess left upon check-out. This includes but is not limited to: Dirty dishes left on counter tops or sinks, excessive loose food debris (crumbs, particles, or pieces), soiled linens, marked walls, and the like. The standard cleaning fee charged upon booking is intended for laundry, vacuuming, mopping, and overall clean of the space and assumes the guest will follow all listed check-out instructions posted in the Suite or in the Polu Resorts Guest Portal. Should you wish to check-out without completing all check-out steps, please contact the Polu Resorts concierge desk in advance for scheduling of deep cleaning. Fees associated with excessive cleaning can range from $100 to $2,000 USD depending on a quote from our housekeeping team. However, Guest responsibility for additional cleaning costs does not relieve Guest of the responsibility to leave the Suite in a clean and tidy state, with all dishes washed, trash removed, and other tasks specified in the check-out instructions posted in the Suite and/or in the Polu Resorts Guest Portal completed.

Section 26: Booking Fees & Costs

All stays in the Suite, including the Guest's Stay, are subject to a nightly rental rate, applicable taxes, a cleaning fee, and an 8% reservation fee, each as specified in in the Guest's reservation confirmation.

Section 27: Hali'i Kai Resort Fees

All stays at the Hali'i Kai Resort are subject to a $35.00 plus tax per night resort fee. This is a mandatory fee. This fee is for access to the overall Hali'i Kai Resort amenities including the Ocean Club pool, the restaurant, the fitness facility, the sport court and putting green, and the rest of the communal grounds located within Halii Kai. This fee is not collected or paid to Polu Resorts. Upon arrival, guests will need to register and pay the Hali'i Kai resort fee at the onsite office. If a guest arrives after the office is closed, they can register the next morning. This fee applies to reservations in the Hali'i Kai complex only.

Section 28: Payment Terms; Automatic & Pre-Authorized Charges

Guest payment and cancellation terms are published at booking and are stated in the reservation confirmation.

Flexible Rate:

60 days prior to arrival: 50% of the gross total
30 days prior to arrival: remaining balance
Note: Cancel for free within 24 hours of booking your stay

Non-Refundable Rate:

Cancel for free within 24 hours of booking your stay
Balance due no later than 30 days prior to arrival
Note: Credit card authorization form is required between 24 to 48 hours after booking. The owner reserves the right to cancel un-paid reservations.

Payment may be made in U.S. dollars via credit or debit card. All payments must be received by the Owner via Polu Resorts with adequate time for bank processing before Guest arrival. We accept all credit card types. International payments may incur an additional fee to cover the cost of processing such payments.

By providing your credit card number or other banking information, Guest authorizes the Owner or Polu Resorts to charge the Guest's account for any outstanding amounts pending on the account for your Stay, including incidental costs discovered after check-out, including but not limited to damage repairs, additional cleaning costs, or replacement of missing items.

Section 29: Beaches

All beaches in Hawaii are public, Hawaii has no privately owned beaches. Private property begins at the high tide mark or at the commencement of the vegetation line. Neither the Owner nor Polu Resorts may be held liable, or required to extend cancellations or refunds, due to beach closures.

Section 30: Ocean Warning

Ocean swimming has inherent risks including illness, dismemberment, and death. Wave and current conditions and dangerous sea creatures vary from area to area, day to day and season to season. Risk and responsibility for ocean swimming rests solely and completely with the Guest and the Guest Parties themselves; lifeguards are typically not provided.

Section 31: Ocean Club & Pool Use

See the Ocean Club and Pool Rules included at Exhibit B hereto. The Guest agrees to, and agrees to insure that all Guest Parties will, adhere to these rules and any other posted rules & regulations regarding use of the Ocean Club and the Ocean Club pool. The Ocean Club is accessible by card key access. The card key for the Ocean Club will be in your Suite upon arrival. If this card key is lost there is a replacement fee of up to $100.00. Ocean Club pool and restaurant hours are subject to change and closure. Neither the Owner nor Polu Resorts will be held liable for, or required to extend cancellations or refunds due to, Ocean Club pool or restaurant closures.

Section 32: Pool Safety

The pool may or may not have a separate child-proof fence immediately surrounding the pool area. Supervise children very carefully. Use of the Ocean Club pool or any other Resort facilities is solely at the at the user's own risk; lifeguards are not provided.

Section 33: In-Suite Phone Service

The Suite does not provide landline phone service. VOIP service may be available in select suites. Emergency 911 services may not be available by phone, and first responders will ask for your location in an emergency.

Section 34: Natural Disasters

Hurricanes, tropical storms and other natural disasters can occur on the Island of Hawai'i. Refunds will not be provided for natural disaster impacts or evacuations. We highly suggest adding a travel insurance policy that provides coverage for such events.

Section 35: Pest Control

The Suite is serviced quarterly for pest control. In a tropical environment, even with diligent pest control, properties will tend to have a modicum of bugs, ants and geckos attempting to visit. Contact with a pest inside or outside of the Suite shall not constitute grounds to terminate the Stay, nor is it reason for a refund of monies. The Owner procures the services of local pest control companies for the application of pest control treatments both inside and outside of the Suite on a regular basis.

Section 36: Keys/Garage Openers & Access Cards

If your suite has door keys, pool keys/fobs, garage door openers or parking placards and they are not returned upon departure, fees will be incurred. Upon departure, please leave all items supplied upon arrival in the Suite to avoid fees up to $250 to replace items and/or re-key locks or garage door openers.

Section 37: Maintenance & Appliances

Issues with any appliance or electrical equipment should be reported to the Polu Resorts concierge desk promptly. We will make every effort to address the issue in a timely manner. Issues or failure of any [single?] major appliance or equipment that are not repaired in timely manner (i.e., within 24 hours of notice to Polu Resorts) are not grounds for refund, move to another property, or compensation.

Section 38: Parking & Rental Cars

Car parking accommodation is only guaranteed for the spaces advertised for the specific suite booked. Many resort communities have rules about the maximum number of cars permitted per unit. Most resort communities do not allow more than two cars per suite and parking for the second car is only available on a first-come, first-served basis in unmarked or guest parking spaces. Commercial vehicles and trucks are not allowed. Use of golf carts or unregistered vehicles are not allowed on the roads in some resorts. Please contact the Polu Resorts concierge desk if you have any questions.

Section 39: Lost & Found

Neither the Owner nor Polu Resorts shall be responsible for any personal items left in the Suite or on the Resort property, including items lost or stolen. If you inquire about a lost item and it is found, we will be happy to ship retrieved items to you. The Guest shall be responsible for postage fees for returned items. Items shipped to international guests may be subject to duties/import costs and such guests are solely responsible for the payment of such costs.

Section 40: Allergies

Polu Resorts may provide food and/or beverage items within the Suite for the enjoyment of the Guest. The Guest should read the ingredient list to determine if the product contains an allergen. If an ingredient list is not available, the Guest shall not consume the item and shall notify the Polu Resorts concierge desk for clarification. Additionally light aromatherapy oils may be used before, during, and after a reservation for the use of guest enjoyment and pest control. The Guest may refuse any food, beverage, or aromatherapy use within the room by notifying the Polu Resorts concierge desk. The Guest shall take all precautions in notifying Polu Resorts of allergies prior to arrival including by indicating allergies on the pre-check-in form in the Polu Resorts Guest Portal.

Section 41: Right to Enter

The Owner via Polu Resorts reserves the right to enter the premises for housekeeping, security, maintenance, and management purposes. Notice will be provided to the Guest prior to entering, subject to the immediate access provisions of Section 1.N (Owner & Polu access to the Suite) above. The Guest and Guest Parties may not decline an authorized person from entering the Suite. If a contractor or third-party vendor must enter the Suite during Guest's stay, a member of the Polu Resorts management team will be present for security purposes, unless otherwise arranged with the Guest.

Section 42: SMS, Phone, & Email Communication

You authorize Polu Resorts to connect with you via SMS, phone, & email, before, during, and after your stay. Your standard data & messaging rates apply. Polu Resorts cannot be held liable for fees assessed to you by your phone or internet provider. You may not unsubscribe from any communication method until on or after your reservation departure date. If you have multiple reservations, the date of your furthest reservation applies. You may not unsubscribe from important messages regarding your reservation, account balance, or other messages deemed necessary by Polu Resorts management. To unsubscribe from promotional SMS messages, text the word STOP to the number. To unsubscribe from promotional emails, click the unsubscribe button at the bottom of the email. If you do not hear from us within 48 hours of your request to unsubscribe, please call as or email [email protected] with your request.

Section 42A: Apple Messages for Business

Polu Resorts offers Apple Messages for Business as an additional way to communicate with the Polu Resorts concierge desk through the Messages app on Apple devices. By booking a Stay or requesting information from Polu Resorts, you consent to receiving important messages about your inquiry, reservation, or account through Apple Messages for Business. Your standard data and messaging rates apply, and Polu Resorts cannot be held liable for fees assessed to you by your phone or internet provider. You may unsubscribe or stop messages at any time by sending the word "unsubscribe" in the conversation.

Section 43: Polu Resorts Business

Polu Resorts operates as a marketing agent and hospitality provider (booking platform and concierge). Polu Resorts is not a property manager, hotel operator, or real estate broker and does not provide the regulated services of real estate entities. Polu Resorts provides software, marketing distribution, messaging, guest experience services, and concierge support to owners who remain the accommodation provider. The Owner remains the provider and contracting party for accommodation under this Agreement.

Section 44: Polu Resorts Liability Disclaimer

Polu Hospitality Group LLC dba Polu Resorts (through its employees, subagents or assigns) acts only as a marketing agent and hospitality provider for the property Owner, and other suppliers providing accommodations, property management, and guest services. Polu Resorts does not own, operate, or manage any property offered for rental and does not exercise control over or have direct supervision over the respective property owners, managers, or other service providers. If accommodations or services must be substituted for any reason, Agent and Owner (and property manager, if applicable) will act in good faith and use their best efforts to substitute accommodations or services of a type comparable to those originally contracted and that are acceptable to Guest. The Agent, Owner, and/or property manager, upon just cause, reserves the right to refuse or discontinue service(s) to any person(s) and/or to rescind any contract for accommodations or guest services.

Section 45: Assumption of Risk

Guest accepts and assumes all risks, for both Guest and for all Guest Parties, involved in or related to the use or function of the Suite and the Resort of which it is a part, including the stairs that access the Suite, any and all appliances and other physical amenities in the Suite, the Resort pool, its hot tub, its sport court, its exercise facility, its restaurant, or any other feature or location within or near the Resort and further including the golf course and the ocean, beaches, open water, unidentified allergens and similar risks that are not uncommon for a short-term vacation rental stay at a short-term vacation rental suite at a resort, including risks attendant to items that prior guests may have left behind, risks of cleaning supplies and choking hazards that may be within reach of children, risks attendant to unprotected bodies of water, the risks of severe storms, tsunami or other natural disasters, and the risks of activities participated in during your stay on or off the Resort's grounds, amenities provided at the Resort, or third-party transportation vendors, as applicable, whether or not disclosed in the listing for the Suite. You understand that travelling and staying in a short-term vacation rental property may increase the likelihood of contracting an infectious disease, such as COVID-19, and you voluntarily assume that risk. You further accept and assume all risks involved in or related to any recreational equipment of any kind, including but not limited to beach or pool equipment, golf carts, bicycles, docks, boats, paddleboards or other floating devices, game or sports equipment, as applicable. You are responsible for determining the fitness of yourself and of all Guest Parties for participating in any features or activities during your stay and your ability to fully understand and comply with any directions, warnings, laws, or regulations presented. The Guest acknowledges and agrees that the Guest shall remain responsible or liable for any loss, damage, or theft of any personal property of the Guest or Guest Parties during the Stay. The Guest shall also remain responsible and liable for the actions, inactions of, or loss of or damage to the personal property of any persons or vendors that Guest of any Guest Party invites onto the Property, and for all obligations arising under this Agreement. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, ATTENDANT TO THE STAY CONTEMPLATED BY THIS AGREEMENT AND OF THE ABOVE-DESCRIBED ACTIVITIES, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL SUCH RISKS.

Section 46: Indemnification & Release of Liability

The Guest agrees to indemnify and hold harmless the Owner, Polu Resorts, and their respective owners, officers, nominees, agents, affiliates, assigns, service providers, or other interested persons or related parties for any liabilities, claims, damages, injuries, losses, costs or expenses whatsoever in any way associated with the use and/or occupancy by the Guest or any Guest Party of the Suite and the Resort of which it is a part as well as the Resort's pool, its hot tub, its sport court, its exercise facility, its restaurant, or any other feature or location on or near the Resort, including the golf course and ocean accessible from the Resort, including any risk described in Section 45 (Assumption of Risk) above, whether such liability, claim, damage, injury, loss, cost or expense is direct, indirect, consequential or otherwise, and whether arising from (i) a claim of or actual negligence, (ii) failure or deficient notice or warning of any hazards of any kind known or unknown to Owner, Polu Resorts, or the property manager, as applicable, or their owners, officers, agents, or other interested persons or related parties, or (iii) failures or inadequacies of compliance with any Federal, State, County or other statute, law, ordinance, regulation, and/or practice, whatsoever or however arising, caused or incurred; whether arising in contract or otherwise in law or in equity as a result of the rendering or the services or accommodations as herein described or as substituted and including, without restricting the generality of the foregoing, the result of any delay, substitution, rescheduling or change in the provision of accommodations or services by Polu Resorts, Owner or the property manager or by reason of military actions, revolution, acts of God, or by agents, employees, subcontractors or third parties whatsoever in supplying any of the accommodations or services described herein or as substituted therefor, to the fullest extent permitted by law. Neither Owner nor Polu Resorts shall be liable to extend cancellations or refunds due to beach closures, changes in the hours of operation of the Resort's pool or other facilities, temporary closures of such facilities, or for changes to changes to furnishings in the Suite. Any dispute or legal action arising out of, pursuant to, or in connection with the accommodations or services provided under this Agreement or otherwise related to this Agreement may only be brought by a party with legal standing under this Agreement.

Section 47: Attorney's Fees and Costs

If the Owner or Polu Resorts employs the services of an attorney or attorneys to enforce any terms or conditions of this Agreement, the Guest shall be liable to the Owner or the Agent, as applicable, for reasonable attorney's fees and costs incurred.

Section 48: Falsified or Fraudulent Bookings

If your booking was made under false pretense or without full consent and agreement to the terms hereof on an unmodified basis, including, but not limited to, a falsified name, age or size of party, you will be subject to immediate cancellation of your reservation, removal from the Property, and forfeiture of all amounts paid. Guest agrees that any electronic action or mark that functions to satisfy Owner and Polu Resort's requirement that this Agreement be executed shall be construed as a qualified electronic signature of this Agreement by the Guest, regardless of the form, content or wording used by Guest in their mark or action that operates to sign this Agreement.

Section 49: Limited Short-Term Rental

It is expressly understood and agreed that the Stay is a transient short-term vacation rental arrangement and is not a lease or other long-term residential tenancy agreement, and that the Suite is not intended to be utilized as a primary residence. This Agreement is only for the licensed use of the Suite for the stated reservation dates of the Stay. It creates no property rights in you and no rights to renewal or for recurring usage. If you hold over after the expiration of your reserved Stay, your extended stay, if authorized, will be from day-to-day only and will not constitute a renewal or an extension for any further term. In such case, you will be liable for paying for the additional day(s) at a rate equal to two (2) times the nightly rate set for the Suite on the dates of your holdover, plus the actual costs of re-accommodating future tenants that were scheduled to use the Suite during such dates. You may not sublet the Suite or any part of it and shall not assign any interest (in whole or in part) to this Agreement or any rights hereunder.

Section 50: Arbitration & Arbitration Award

If you have a dispute that arises from or relates to this Agreement or the rental property it concerns, and if the dispute cannot be settled through direct discussions, you agree to submit all unresolved disputes, controversies or claims to binding arbitration in Hawaii administrated by the American Arbitration Association in accordance with its Commercial Arbitration Rules, to be conducted in Hawaii (or to be conducted virtually, if consented to by all parties). ANY AWARD OF THE ARBITRATOR AGAINST THE OWNER OR THE AGENT CANNOT EXCEED THE TOTAL AMOUNT PAID FOR THE GUEST'S BOOKING AT ISSUE. THE GUEST EXPRESSLY WAIVES ALL CLAIMS IN EXCESS OF, AND AGREES THAT ITS RECOVERY SHALL NOT EXCEED, THIS AMOUNT. Any such award shall be in satisfaction of all claims by you against Owner or Agent. Judgment on any award rendered in such arbitration can be entered in and enforced by any court having jurisdiction.

Section 51: Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE OWNER, THE AGENT, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OWNERS AND/OR OTHER RELATED PARTIES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR STAY AT THE PROPERTY. THIS LIMITATION APPLIES TO ALL CLAIMS FOR DAMAGES WHETHER BASED ON A THEORY OF WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, EVEN IF THE OWNER AND/OR THE AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Section 52: Class Action & Jury Waiver Trial

ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Section 53: Jurisdiction & Venue

This Agreement is made in, and shall be governed solely by the laws of, the State of Hawaii without regard to conflict of laws principles. If for any reason a claim proceeds in court rather than arbitration, such action may only be brought in the state or federal courts in Honolulu, Hawaii, and each party hereby submits to the exclusive jurisdiction of those courts for the purposes of any such proceeding.

Section 54: Construction, Severability, Assignment & Compliance

No provision or term in one part of this Agreement shall operate or be construed as a limitation or restriction on any similar or other provision or term contained in another part of this Agreement. If any section, clause, paragraph, or term of this Agreement is held or determined to be void, invalid, or unenforceable for any reason, all other terms, clauses, or paragraphs herein shall be severed and remain in force and effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and on each of their heirs, executors, administrators, successors, and assignees. This Agreement or any rights hereunder may not be assigned (in whole or in part) by Guest. This Agreement is taken in full compliance with federal, state, and local Fair Housing Laws, without regard to race, color, religion, sex, country of origin, handicap, or familial status.

Section 55: Binding Agreement

This Agreement becomes binding upon receipt of your initial payment. Sending payment constitutes your acceptance and agreement to these terms, conditions, limitations, and restrictions.

Acknowledgment

This Agreement constitutes a legally binding contract. Your signature below acknowledges and affirms that you have read and reviewed, and agree to be bound by, all of the provisions of this Agreement.

Your electronic consent to the terms of this Agreement (if you are making your reservation via the Polu Resorts website), and your electronic signature to this Agreement (within the Polu Resorts Guest Portal) acts as your legally binding acceptance of and agreement to all of the terms of this Agreement and binds you to the terms and conditions contained and referred to herein to the fullest extent of the laws of the State of Hawaii and any other State involved. Your electronic consent hereto and/or electronic signature hereof also acts as your approval to receive electronic communication for all matters contemplated by this Agreement.

I the undersigned hereby apply for short-term vacation rental of the above-referenced Suite for the Stay contemplated by this Agreement and warrant that I have read, understand, and agree to the terms and conditions set forth herein for the Stay. I further understand that the Owner's and/or Agent's offer to rent the Suite is conditioned upon Guest acceptance of the terms and conditions stated herein.

Last Updated: August 5, 2026

Exhibit A: Community Rules

Welcome to Hali'i Kai

Please observe the following community rules

All guests are required to register at the front office, adjacent to the property entrance. Front office hours are 10:00 am to 6:00 pm.
Parking is only permitted in assigned stalls or in marked visitor parking stalls.
All vehicles must display a valid parking pass or be subject to towing.
Quiet hours are from 9:00 pm to 8:00 am. Failure to observe these hours may result in removal from the property.
Children must be supervised at all times.
Do not feed cats or nene (native geese).
Smoking, including e-cigarettes and vapes, is not permitted anywhere on property (including lanais, roads, etc.) except for designated smoking areas.
The use of drones is not allowed anywhere on the Hali'i Kai property.
For emergencies call 911.
For assistance with your suite, please contact [Suite Contact].

Exhibit B: Ocean Club and Pool Rules

Welcome to the Ocean Club

The Ocean Club is open from 6:00 am to 8:00 pm. The Ocean Club Restaurant is open from 11:00 am to 8:00 pm.
Members and Guests must have an access card and sign in upon entry. Anyone else will be considered to be trespassing.
Access to the Ocean Club is limited to 6 guests for a 2-bedroom unit, and 8 guests for a 3-bedroom unit.
No food, beverages or containers are to be brought into the Ocean Club except for use in the grill area. No glass ceramic or otherwise breakable containers or beverage coolers are allowed. Absolutely no outside alcohol is allowed. As of August 2026, empty reusable water bottles are permitted and may be filled at the bottle filling station.
Shirts, coverups and slippers must be worn in the Ocean Club Restaurant.
Athletic or other closed-toe shoes must be worn in the Fitness Hale.
Smoking, including the use of e-cigarettes and vapes, is not permitted.
Firearms are not permitted.
Persons entering the Ocean Club outside the posted hours of operating will be considered to be trespassing and subject to removal from the Hali'i Kai property.
Use of all Ocean Club facilities is at the user's own risk.

Pool Rules

There is no lifeguard on duty at any time.
The pool is very shallow. For the safety of guests, no diving, jumping, climbing on rock walls, or throwing of toys or balls is allowed.
Children under the age of 13 years must be accompanied by an adult at all times. No children under 5 years are permitted in the hot tub.
Infants and toddlers must use swim diapers in the pool.
Lounge chairs are available on a first-come, first-served basis. Reserving lounge chairs is not permitted and personal articles may be removed after 60 minutes.
Loud noise, yelling and foul or abusive language are not permitted.
Electronic devices may only be used with earphones. This includes, but is not limited to, listening to music, watching video, or phone or video conversations.
Pool and gym towels are not to be removed from the Ocean Club. Used towels are to be deposited at the front desk.

Failure to follow these and any other posted Ocean Club rules may result in loss of Ocean Club access.

For questions about these terms or your reservation, contact the Polu Resorts concierge desk at [email protected] or (808) 758-POLU (7658).