Terms and Conditions

RENTAL AGREEMENT

  1. You will be required to sign an official Rental Agreement stating terms of lease, payment and responsibilities. The Owner will email you a copy of the agreement at or during booking.
  2. All Tenants Responsible: By signing the Rental Agreement, you agree to pay the rent in full and comply with its terms. Each Tenant is also responsible for other Tenants and make sure they comply with the terms of this Agreement.
  1. Security Deposit: A $500 refundable security deposit is required at the time of booking to reserve your reservation. Note: The security deposit is not considered part of the rental agreement. (Read: “Standard Terms” section E for complete disclosure to terms).
  1. Cleaning Fee: There will be a cleaning fee required in addition to rent and tax specifies in item 6. There will be an additional deducted from the security deposit for any excessive cleaning created for other than “normal” wear and tear. This is not negotiable. (Note: please empty all pockets/cloths of shells and sand outside and before loading into washer.)
  1. Rent: This is an example of the rental fee items.

The nightly rate (U.S. Funds): _________________

Taxes 14.96%

Cleaning Fee: $_________________

Total: $_______________________

Refundable security deposit; $500.00

Grand Total: $___________________

Down payment date: ______________________________

Balance Due: ___________________________________

  1. Standard Terms: YOU AND WE AGREE THAT THE STANDARD TERMS ARE PART OF THIS AGREEMENT. 

Standard Terms

ALL PARTIES AGREE TO THE FOLLOWING TERMS: The landlord rents to the tenants jointly and severally the dwelling unit listed below for the agreed – upon term and upon the following conditions.

  1. No other occupants aside from those listed in the Rental Agreement shall reside at the house.  Couches are not to be used as beds, except for sleeper sofa.  All tenant vehicles must be parked in designated parking stall or guest parking stalls.  Please put “guest parking tickets” to be found at the house, on each car’s dashboard.
  2. There are to be absolutely no pets, parties, tents and smoking at the house. The home cannot be sublet or assigned to others. In compliance with house rules noise levels should be down in between 10pm and 8am.  Any violation of this term will result in immediate eviction and loss of rent and security deposit.
  3. Tenant authorizes the landlord to charge the tenant’s credit card for any damages to the property that exceed the security deposit.
  4. Before you move in:  Please inspect the condition of the house carefully.  If you notice that anything is broken please notify us.  When you move out:  you must take all personal items with you.  You must leave the house in the same condition as when you moved in.  If anything was damaged while you were there you are responsible for notifying us so that we may repair it.  You will not be held responsible for normal wear.
  5. Refund of Security Deposit:  You will be given a full refund providing that you follow our Standard Terms.  We will return your deposit, minus deductions (if applicable), no later than fourteen (14) calendar days after you check out.  We must give you a written statement at that time explaining any deductions.  Deductions can be made for the following reasons:  to repair or replace any item that is damaged or missing; to replace any keys ($50) or gate fobs ($50) that are not returned; and for cleaning that is above and beyond.  If your deposit is not enough to cover all damages and costs, you must pay for the extra amount. 
  6. CANCELLATION AND CHANGES POLICY: Cancellations and requests for changes or refunds must be in writing to Helena von Sydow.  Full refund if canceled before 30 days of arrival date. Rent will be forfeited if cancellation notice is received less than 30 days from arrival date; Full or partial refund will be made if we are able to rent the home at the same rate or higher for any of the days scheduled.
  7. PAYMENT: Tenant agrees to pay rent without notice or demand to Helena & Harald von Sydow, via Listing site , 50% DUE UPON BOOKING AND FULL PAYMENT IS DUE 30 DAYS PRIOR TO ARRIVAL, OR UPON BOOKING, WHICHEVER IS LATER.  If cancelled after that date, payments received are refunded based only on the number or nights we able to rebook.
 
Privacy Statement
Last Updated: March 20, 2020
Live Hawaii USA, values you as our customer and recognizes that privacy is important to you. This Privacy Statement explains how we collect, use, and disclose data when you use our website.
 
1. What personal information do we collect
When you use our website, and mobile app?, we may collect the following kinds of personal information from you:
• Name, email address, telephone number; and home, business, and billing addresses
• Government-issued identification as required for booking or identity verification, such as passport, driver’s license, and government redress numbers; and for vacation-property owners and managers, tax identification numbers
• Payment information is collected through PayPal??
• Travel-related preferences and requests such as favorite destinations and accommodation types, and special needs, as available
• Birth date and gender
 
2. How do we collect it?
We collect personal information when:
• You give us the information
When you create an account, sign up to receive offers or information, or make a booking using our website, you give us your personal information. We also collect such information through automated technology such as cookies placed on your browser??—with your consent where applicable—when you download and use our mobile apps.??
 
3. Use of Personal Information
We use your personal information for various purposes described below.
• Book the requested travel or enable vacation-property booking
• Provide services related to the booking or account
• Create, maintain, and update user accounts on our website and authenticate you as a user
• Maintain your search and travel history, accommodation and travel preferences.
• Enable and facilitate acceptance and processing of payments, and other transactions
• Administer loyalty and rewards programs
• Collect and enable booking-related reviews
  • Help you to use our services faster and more easily through features such as the ability to sign-in using your account.
4. What are your rights and choices?
You can exercise your data-protection rights in various ways. For example, you can opt out of marketing by clicking the “unsubscribe” link in emails you receive, changing preferences in your account, as applicable, or by contacting us.
Mobile Applications
When you download and use any of our mobile apps, we collect certain technical information from your device to enable the app to work properly and as otherwise described in this Privacy Statement. That technical information includes:
• Device and telephone connectivity information such as your carrier, network type, network operator, subscriber identity module (“SIM”) operator, and SIM country
• Operating system and version
• Device model
• Performance and data usage
• Usage data, such as dates and times the app accesses our servers, the features and links clicked in the app, searches, transactions, and the data and files downloaded to the app
• Device settings selected or enabled, such as Wi-Fi, Global Positioning System (“GPS”), and Bluetooth (which may be used for location services, subject to your permission as explained below)
• Mobile device settings
• Other technical information such as app name, type, and version as needed to provide you with services????
 
Sharing of Personal Information
We do not share your personal information
 
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Terms and Conditions 
Last updated: March 20, 2020 
As a condition of your participation LiveHawaiiUSA Partner Program, you (the “Partner”) agree to the following Terms and Conditions (together with the Schedule, the “Agreement“) with LiveHawaiiUSA / ExperienceHI, a Hawaii LLC. This Agreement is effective as of the date the Partner submits or signs the corresponding Schedule, and LiveHawaiiUSA accepts the Partner into the Partner Program (the “Effective Date”).
 
Recitals
A.    LiveHawaii operates its website (the “Sites”) dedicated to providing services to travelers, vacation property owners and managers worldwide.  Partner offers ancillary services to vacation rental travelers, property owners or managers which it would like to promote to LiveHawaiiUSA’s customers and/or users.
B.    Partner wishes to compensate LiveHawaiiUSA for revenue or leads received from the Marketing Services (the “Marketing Consideration”).
C.    Partner and LiveHawaiiUSA enter into this Agreement pursuant to the terms and conditions set forth herein.
 
General Definitions
A.    “Gross Revenue” is the total amount of all sales, exclusive of sales tax and VAT, collected by the Partner from each Sale.
B.    “Net Revenue” is Gross Revenue less all third-party direct costs incurred by Partner to deliver the Partner product(s) and/or service(s) as further defined in the Schedule. Examples include credit card fees, payments and commissions due to external vendors
C.    “Sale” is a successful purchase of a Partner product or service by LiveHawaiiUSA either during (i) the Term of this Agreement or (ii) the Initial Term, whichever is longer.

 

Marketing Consideration Definitions
A.    “Cost-Per-Referral” or “CPR” is the fee paid to LiveHawaiiUSA by Partner for the first Sale.
B,    “Cost-Per-Sale” or “CPS” is the fee paid to LiveHawaiiUSA by Partner for each Sale.
C.    “Revenue Share” is the percentage of either Partner’s Gross Revenue or Net Revenue payable to LiveHawaiiUSA.

Agreement
  Marketing Services.  Partner may provide LiveHawaiiUSA with an offer for its product(s) and/or service(s) with the goal of recruiting and retaining potential customers. Specific offers and details can be updated by the Partner from time to time. LiveHawaiiUSA shall market the Partner product(s) and or service(s) through the Marketing Services. Partner is solely responsible for the content and execution of its product(s) and/or service(s), including compliance with any consumer protection laws.
 
2.    Use of LiveHawaiiUSA Names, Logos or other LiveHawaiiUSA IP. Upon request, Partner shall provide a text and logo banner that will be featured in the Marketing Services. Partner, however, shall not use LiveHawaiiUSA’s names, marks or logos, including on its website, marketing campaign, media outreach or press releases, without prior written approval from LiveHawaiiUSA, which shall not be unreasonably withheld. If provided with a LiveHawaiiUSA logo or partner badge, LiveHawaiiUSA grants to Partner a non-exclusive, limited, revocable, non-transferable license to use its Marks solely for the purpose of carrying out its obligations under this Agreement .  
 
3.    Partnership Marketing Consideration. In exchange for the Marketing Services, LiveHawaiiUSA shall receive the Marketing Consideration. Marketing Consideration is only due for business generated by Partner as a result of the Marketing Services. Partner shall remit Marketing Consideration within thirty (30) days following the last day of each calendar month for the prior month’s activity. Any Marketing Consideration shall be accompanied by a statement providing reasonable details to justify the amounts.
 
4.   Intellectual Property Rights.
A.     Each party acknowledges that nothing contained in this Agreement transfers to the other party any right, title or proprietary interest (including without limitation any intellectual property rights), in any part of a party’s intellectual property (including without limitation any trademarks, service marks, trade names, copyrights, patents, or logos (collectively “Marks”)). Except as provided herein, no licenses of either party’s Marks or any other intellectual property are granted or implied under this Agreement. The Partner represents and warrants that its Marks do not and will not infringe on the intellectual property rights of any third party. The Partner is committed in each case to indemnify and hold harmless LiveHawaiiUSA from any adverse claim, as of now committing to compensation for any related damages and expenses. 
B.     Partner hereby grants to LiveHawaiiUSA a non-exclusive, limited, revocable, worldwide, royalty-free, fully paid up, non-transferable license to use its Marks solely for the purpose of carrying out its obligations under this Agreement (in accordance with usage guidelines provided by Partner) including without limitation the Marketing Services. 
 
5.  Term and Termination.  This Agreement shall commence on the Effective Date and shall continue for a period one (1) year (the “Initial Term”). Following the Initial Term, this Agreement shall automatically renew for successive one (1)-year periods.
 
A.    Termination for Cause. This Agreement may be terminated at any time upon the occurrence of any one of the following events: (i) if either of the parties defaults on any material obligation under this Agreement and such default is not cured within thirty (30) days following notice from the other party; or (ii) if a party files a petition for bankruptcy, is insolvent, makes an assignment for the benefit of creditors or if a trustee or receiver is appointed for a party, and such proceeding remains un-dismissed for a period of sixty (60) days. 

 

B.    Termination for Convenience. Either party may terminate this Agreement at any time, without penalty, by providing the other party with thirty (30) days advance written notice. During this notice period all remaining terms and conditions of this Agreement shall remain in full force and effect. Upon termination, Partner shall remit to HomeAway any Marketing Consideration which remains outstanding.  
 
6.     Liability.
A.    No Consequential Damages. TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR BREACHES OF SECTION 7 (CONFIDENTIALITY), INDEMNIFICATION OBLIGATIONS AS SET FORTH IN SECTION 8, AND MATTERS INVOLVING GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES OR DATA), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 
B.    Limited Liability. EXCEPT FOR BREACHES OF SECTION 4 (INTELLECTUAL PROPERTY RIGHTS) SECTION 7 (CONFIDENTIALITY), INDEMNIFICATION OBLIGATIONS AS SET FORTH IN SECTION 8, BREACH OF DATA PROTECTION AND MATTERS INVOLVING GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE LIABILITY OF EITHER PARTY FOR DAMAGES OR ALLEGED DAMAGES HEREUNDER, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IS LIMITED TO, AND WILL NOT EXCEED, THE MARKETING CONSIDERATION PAID UNDER THIS AGREEMENT. 
 
7.    Confidentiality. During this Agreement, each party may disclose to the other information that is confidential and proprietary to the disclosing party (“Confidential Information”). Confidential Information includes, but is not limited to, business plans, marketing plans, financial statements, competitive analysis, market research, service and/or product development plans, inventions, machinery, prices, apparatus, costs, discounts, process information, technical information, customer lists, sales records, computer programs, designs, and models, and the terms of this Agreement communicated orally, in writing, or electronically. Each party agrees that it will maintain the Confidential Information of the other party in confidence and shall use such information only for the purposes of executing its obligations under this Agreement. Confidential Information may be disclosed by a receiving party exclusively to specific employees within its organization who have a need to know such information for the purposes of executing the party’s obligations under this Agreement. Upon expiration or termination of this Agreement or, sooner if demanded by a party, the receiving party shall return to the disclosing party any of the disclosing party’s Confidential Information including all copies thereof. The obligations of each party in this Section 7 shall continue for a period of one (1) year following the expiration or termination of this Agreement. The obligations of this Section 7 shall not apply to any Confidential Information that (i) is or becomes public through no act of the receiving party; (ii) is rightfully received from a third party without obligations of confidentiality; or (iii) is independently developed by a receiving party without reference to the other party’s Confidential Information; or (iv) in accordance with a judicial or other governmental order, provided the receiving party shall give the disclosing party reasonable opportunity to seek a protective order or equivalent, or obtain written assurance from the applicable judicial or governmental entity that it will afford the Confidential Information the highest level of protection afforded under applicable law or regulation. 
 
8.    Indemnification. Partner agrees to indemnify, hold harmless, and defend LiveHawaiiUSA, and their respective employees, directors, contractors and agents (the “Indemnified Parties”) against any losses, claims, liabilities, damages, costs or expenses, including attorneys’ fees and costs of suit, that arise, directly or indirectly, from any acts or omissions attributable to Partner or Partner’s agents, including any breach of any term or condition of this Agreement and any claim arising from the Partner product(s) and/or service(s).  
 
9.     General Provisions.
A.    Independent Relationship. Both parties agree that this Agreement is not intended to create and shall not be deemed or construed to create any relationship between the parties other than that of independent entities contracting with each other solely for the purpose of effecting the provisions of this Agreement. The parties hereto shall not be construed to be the agent, employer, employee, or representative of the other, and will not have the express or implied right of authority to assume or create any obligation or responsibility on behalf of or in the name of the other party. Partner shall be solely responsible for any relationship it enters into directly with a LiveHawaiiUSA Referral including but not limited to customer service, dispute resolution and refund requests.
B.    Notices. Any notice under this Agreement must be in writing and shall be effective upon delivery by hand or by registered mail, and addressed to the other party at the corresponding address provided in the Schedule.  
C.    Amendments; Assignment. This Agreement may not be amended except by an instrument in writing, signed by each of the parties. Failure to exercise any right under this Agreement shall not constitute a waiver of such right. Neither party may assign any rights or obligations under this Agreement, except in the event of a change of control of either party. This Agreement shall be binding upon either party’s successors and assigns. 
D.    Force Majeure. Neither party shall be liable for any damages or other losses resulting from failure to perform its obligations under this Agreement where such failure is the result of a cause beyond the party’s reasonable control. 
 
10. Payment Services
1.1 Collection of Accommodation Fees due. During the term of this Agreement, You authorize LiveHawaiiUSA, through the third party service providers, to collect any Accommodation Fees and other related transaction amounts via Credit Card, Debit Card, Electronic Funds Transfer payments, and any other payment forms that we may accept from time to time (together “Payments”) from Guests 
“Accommodation Fee(s)” are defined as amounts owed by a Guest in exchange for that Guest’s stay in a Property, including security deposits, fees, insurance, and all other amounts, agreed between LiveHawaiiUSA and the Guest and as reflected on the Display website. LiveHawaiiUSA provides the Services in exchange for the fees and charges (including chargeback fees) due to LiveHawaiiUSA as set forth in this Agreement (each a “Fee”). In order to use the Services, You must be a member of, and bound by the terms and conditions of, LiveHawaiiUSA’s website.