Short-Term Lease Agreement or Terms & Conditions

This Vacation Rental Short-Term Lease Agreement (“Agreement”) constitutes a legally binding agreement between the undersigned guest (“Guest”, “you”, or “your”) and Midway Realty LLC, doing business as Midway Vacations (“Midway”).

By making a reservation, submitting payment, or occupying the property, Guest acknowledges that they have read, understood, and agree to comply with all terms and conditions contained in this Agreement.

1. Reservation Requirements. Reservations are not considered confirmed or guaranteed until Midway receives the required payment in accordance with the terms of this Agreement.
2. Deposit to Secure your Reservation and Full Payment. A reservation deposit equal to 30% of the total reservation amount will be charged at the time of booking. The remaining balance will be automatically charged 30 days prior to the scheduled arrival date. If the remaining balance is not successfully processed at least 30 days prior to arrival, Midway reserves the right to cancel the reservation without refund.
3. Cancellation Policy. Guests who cancel 30 days or more prior to the scheduled check-in date will receive a full refund of all payments made. Guests who cancel between 14 and 30 days prior to check-in will receive a 50% refund. Cancellations made within 14 days of check-in are non-refundable. Midway strongly recommends that guests purchase travel insurance to protect against unforeseen circumstances that may affect travel plans. For reservations made through third-party booking platforms (including but not limited to Airbnb, VRBO, Booking.com, or Expedia), the cancellation policy of the respective platform may apply and may supersede this policy where required.
4. Damage or Breakage. In lieu of a traditional security deposit, Midway requires a mandatory Damage Protection Plan fee. The Damage Protection Plan covers accidental or unintentional damages up to $500 occurring during the guest’s stay. Any damages exceeding $500, or damages resulting from intentional acts, negligence, misuse, or violations of house rules, are not covered and will be charged to the payment method on file.

Guests agree that Midway may charge the credit card on file for:

• damages exceeding the coverage limit
• missing or damaged items
• excessive cleaning required
• violations of house rules
• fines imposed by the building association (AOAO)
• any loss caused by the guest or occupants during the stay

Guests must report any damage promptly and no later than check-out. The Damage Protection Plan is not insurance and does not replace the guest’s personal travel or liability insurance.

5. Furnishings. Furniture, bedding, mattress pads, kitchen equipment, utensils or any other property supplied with the rental property must not be moved. Loss of these items, as well as damage to the property or furnishings in excess of normal wear will be charged to you. All contents of the home are the property of the owner. If something should break, you must notify Midway before check-out so that a replacement can be made. Guests are not permitted to alter the wiring of the television.
6. Neighborly Conduct. Guests acknowledge that the rental property is located within a residential community and agree to conduct themselves in a respectful and courteous manner toward neighbors and building residents. Quiet hours are 10:00 PM to 8:00 AM. Excessive noise, disturbances, or complaints from neighbors or building management may result in fines, termination of the stay, or eviction without refund.
7. Parking pass & Security Key: This clause applies only to units located in the Waikiki Banyan and Waikiki Sunset buildings. Upon arrival, guests must verify that the parking pass is present inside the unit. If the parking pass is missing, guests must notify Midway immediately on the day of check-in by phone or email. Failure to report a missing parking pass on the day of arrival may result in the guest being held responsible for replacement. A $180 replacement fee will be charged for any lost or missing parking pass. Before parking in the garage, guests must first retrieve the parking pass from inside the unit. Upon entering the parking structure, please stop at the parking booth and inform the parking attendant that you are a guest of Midway Vacations LLC and that your parking pass is located in the unit. The attendant will allow you to park in the loading zone for up to 15 minutes while you retrieve the parking pass. While parked in the garage, the parking pass must be clearly displayed either from the rearview mirror or on the driver’s side of the dashboard, with the license plate number facing outward and clearly visible at all times. Guests must leave the parking pass and garage key inside the unit prior to departure. 

Security Key: A security key is located inside the unit and provides access to certain building amenities, including the sauna on the 6th floor and access to the parking garage during nighttime hours. Guests must return the security key to the unit prior to departure. A$50 replacement fee will be charged for any lost or missing security key. 

Garage Height Restrictions

The maximum vehicle height permitted in the parking garage is 6 feet. Large cargo vans, lifted SUVs, or vehicles with roof racks may not fit due to the low ceiling clearance. If your vehicle exceeds the height restriction or otherwise cannot enter the garage, guests are responsible for arranging and paying for alternative parking at their own expense. For assistance, please contact building security at (808) 922-7172.

For units located at the Ilikai Hotel, the replacement fee for a parking access card is $50.

8. Maximum Occupancy. The maximum occupancy of the property is limited to the number of guests advertised for the unit, including children. All guests must be registered and approved by Midway prior to arrival. Unauthorized guests may result in a fee of $100 per person per night for each guest exceeding the maximum occupancy. The minimum age required to rent a property is 21 years old.
9. Parties. Parties, events, and large gatherings are strictly prohibited. Only guests listed on the reservation are permitted to access the property and building amenities. Unauthorized events may result in: a minimum fine of $500, additional building fines, immediate termination of the reservation without refund.
10. House Rules. Any violation of the house rules can be fined by the Building Management and will be transferred to the guest. 
11. Rental Assignment Change. Midway reserves the right to require you to change rental properties without liability to Midway if the rental property unexpectedly becomes unavailable or uninhabitable. When comparable accommodations are unavailable, you will have the option of selecting from available properties or receiving a refund.
12. Mechanical Failures. Midway cannot guarantee against interruptions or mechanical failures involving utilities or equipment, including but not limited to: electrical service, plumbing, water supply, audio, visual equipment, computers or internet access, television or appliances. Guests must report any malfunction immediately so that repairs can be attempted. No refunds or rent reductions will be issued for temporary service interruptions beyond Midway’s control.
13. Listing Information. Information regarding individual rental properties is believed accurate but cannot be guaranteed. Particular furnishings and amenities are subject to change without notice.
    
    14. Pest Control. Many different pests live and thrive in this region. Your unit has been professionally treated by a commercial pest control company with precise and complete preventative treatments in an effort to keep all the pests and bugs outside. Should you experience a pest issue, please contact Midway so the Agent may attempt to eradicate the problem.
    
    15. INDEMNITY. GUEST SHALL INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS THE RENTAL PROPERTY OWNER, MANAGER, THE AOAO, AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS AND REPRESENTATIVES (“RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, SUITS, DAMAGES, COSTS, LOSSES, OR EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ALL ATTORNEYS’ FEES AND LEGAL EXPENSES, INCURRED BY ANY OR ALL OF THEM ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR RENTAL, OR USE OF ANY AMENITIES, COMMON AREAS, POOLS, HOT TUBS, SPAS, SAUNAS, BALCONIES, CONTENTS, BODY BOARDS, BEACH CHAIRS, SNORKELS, OR ANY OTHER ACCESSORIES.  Guest acknowledges that use of the property and amenities is at their sole risk.

LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL THE RENTAL PROPERTY OWNER, MANAGER, THE AOAO, OR ANY OTHER RELEASED PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE, THEFT, PERSONAL INJURY, DEATH, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR RENTAL. IN NO EVENT WILL THE RENTAL PROPERTY OWNER, MANAGER, THE AOAO, OR ANY OTHER RELEASED PARTIES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY YOU IN CONNECTION WITH THIS AGREEMENT, EVEN IF MANAGER, THE RENTAL PROPERTY OWNER OR ANY OTHER RELEASED PARTIES SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 

16. Acts of God. Midway shall not be liable nor deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.

This includes, without limitation, natural disasters, hurricanes, flooding, tsunamis, earthquakes, government travel restrictions, mandatory evacuations, public health emergencies, labor strikes, or utility interruptions.

17. Entire Agreement. This Agreement and Exhibit A represent the entire understanding and   agreement between you, your invitees and visitors, Midway and the owner of the rental property with respect to the subject matter of this Agreement, and supersedes all other negotiations, understandings and representations (if any) made by and between such parties.
18. Governing Law; Venue. This Agreement and all transactions contemplated by this Agreement   shall be governed by and construed and enforced in accordance with the laws of the State of Hawaii. Any civil action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Hawaii.

The following must be completed. Payment of deposit does not exclude this requirement.
You are providing your credit card number as a guarantee of payment to Midway and agree to pay all rent and charges related to rental property. You accept all terms of this Agreement and accept all liability for rent and charges related to property rental, as well as any damage beyond normal wear and tear. You understand that these costs will be charged to your credit card. In the absence of another payment arrangement, you authorize Midway to charge your credit card for payment of these items.

19. Unauthorized Holdover

If Guest fails to vacate the property by the agreed check-out time without written approval, Guest agrees to pay the greater of $40 per hour or the daily rental rate for each day or portion thereof the property is occupied, and authorizes Midway to charge the payment method on file.

20. Charge Authorization 

You authorize Midway Realty LLC dba Midway Vacations to charge the payment method on file for rental payments, applicable taxes, fees and service charges, damages to the property, excessive cleaning, fines imposed by the building or HOA, violations of this Agreement or Exhibit A, any other authorized charges incurred during the stay.

EXHIBIT A – Rental Policies:

1. Check-In/Check-Out Times. Check-in time is after 3:00 p.m. Check-out time is by 10:00 a.m. 
2. Damage Protection Plan/ Guest Service Fee: All reservations are subject to a Damage Protection Plan fee and Guest Service Fee 
3. Incidental Charges. Incidental charges listed below may be applied if violations occur and will be charged to the payment method on file.
   – Unauthorized Late check-out: $40/hour or daily room rate, whichever is less
   – Unauthorized guests (when number of guests exceed the maximum guest number: $100 per night for each guest that exceed the maximum number.
   – Lost Security/Garage Keys: $50
   – Replacement Parking Cards/Passes: $180
   – Restoration Fee to Rearrange Moved Furniture: $100
   – Un-allowed pet: $300 for removing odor plus additional cleaning

– Violations of the No —-Smoking Policy: $500 for removing odor plus actual costs if anything needs to be replaced due to tar ashes or burns.

4. Provided Linens. A basic supply of towels (beach, bath & kitchen towels) and linens is provided in each vacation rental. Bed linens and bath towels are not changed during your stay.
5. Provided Starter Supplies. For your convenience, you will find a starter supply of coffee filters, laundry detergent, dish soap, bar soap, paper goods, and basic cleaning supplies. You must purchase any required additional supplies. The kitchen is not stocked with staples or spices.
6. Internet Access. All our rental properties provide high-speed Wi-Fi Internet access. Please inquire about availability of Internet access in specific rental properties. 
7. Accepted Forms of Payment. Midway accepts MasterCard, Visa, Amex. Payment of deposits must be by credit card.
8. No Pets. NO PETS are allowed in the rental.
9. Clean Upon your Arrival. Midway’s cleaning staff will ensure that your rental home is clean upon your arrival. There is no daily housekeeping service included. All dishes used should be run through the dishwasher or hand washed prior to departure. Please place any used towels in the bathtub prior to departure. Sheets can remain on the beds. 
10. No Smoking. All rental properties are nonsmoking, no exception. No smoking is allowed anywhere on the property and on the balcony.
11. AC. Please don’t forget to switch off the air conditioning BEFORE YOU LEAVE the unit for a few hours and at departure.
12. Pool Safety. All use of any swimming pools, spas and the surrounding area is solely at your own risk. We request that you always accompany and supervise children, being extra cautious in and around the pool area.

ADDITIONAL USEFUL INFORMATION:

TRAVEL INSURANCE:

We encourage all guests to purchase travel insurance, which can protect you and your travel companions for issues, among others, related to: Rental car damage, Medical issues, Covid-19 illness of you or a family member, Baggage and personal property loss, Job loss, Cancelled flights due to inclement weather, Injury.

HOUSEKEEPING:
Midway has very high standards for cleanliness in our properties. Midway has its own housekeeping company, with well-trained professional housekeeping employees.  Our goal is to ensure health and safety for our guests, homeowners, and our staff. Each property is thoroughly cleaned and sanitized after each guest departure. All linens and towels are replaced after each guest departure.

LAUNDRY:
Our linens and towels are professionally laundered with the highest possible water temperature by a commercial laundry company.

OPTIONAL CONCIERGE SERVICES & ADD-ONS

From time to time, Midway Vacations may offer optional services or amenities (including but not limited to mid-stay cleanings, early check-in, late check-out, beach gear, baby equipment, or fitness equipment). These services are not included in the base rental rate and are provided only upon guest request or selection.

By requesting or accepting any optional service, Guest authorizes Midway Vacations to charge the applicable fee to the payment method on file. Pricing and availability are subject to change and will be disclosed at the time of booking or request.

ADDITIONAL OPTIONAL HOUSEKEEPING SERVICES: 

Additional housekeeping services, such as mid-stay cleaning, may be arranged for an additional charge. For all additional housekeeping services, guests are required to specify a preferred time window and vacate the unit while housekeeping is in progress.

To inquire or schedule service, please contact us at [email protected] or (808) 321-6173.
Mid-stay cleaning service fees are subject to change.

ADDITIONAL LINEN AND AMENITIES:

Additional linens and amenities may be requested for an additional charge. Orders placed before 11:00 a.m. will be delivered the same day. Items will be left on the kitchen counter or in the unit entry area if guests are not present. Minimum order amount is $15. Please contact [email protected] or (808) 321-6173 to place an order.