Last updated: May 19, 2026
We are Mauka Hualālai Corp, doing business as Mauka Hualalai Rentals ("Company," "we," "us," "our"), a company registered in Hawaii, United States at 73-1633 Hao St, Kailua-Kona, HI 96740.
We operate the website https://www.maukahualalairentals.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at (+1) 808-300-5553, email at info@maukahualalairentals.com, or by mail to 73-1633 Hao St, Kailua-Kona, HI 96740, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Mauka Hualālai Corp, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Your submissions
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment: Discover, PayPal, American Express, Visa, Mastercard.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
All sales are final and no refund will be issued.
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services. When you create or make available any Contributions, you thereby represent and warrant that your Contributions comply with all applicable laws, do not infringe any third-party rights, are not false or misleading, and are not otherwise objectionable as determined by us.
You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices.
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account"). By granting us access to any Third-Party Accounts, you understand that we may access, make available, and store any content that you have provided to and stored in your Third-Party Account so that it is available on and through the Services via your account.
The Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property.
We care about data privacy and security. Please review our Privacy Policy at maukahualalairentals.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Hawaii applicable to agreements made and to be entirely performed within the State of Hawaii, without regard to its conflict of law principles.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration will take place in Hawaii, Hawaii.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
Program Description
By opting into any Mauka Hualalai Rentals text messaging program, you expressly consent to receive text messages (SMS) to your mobile number. Mauka Hualalai Rentals text messages may include: account alerts, appointment reminders, marketing communications, order updates, responses to inquiries and special offers.
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at info@maukahualalairentals.com or call at (+1) 808-300-5553.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
The following terms and conditions apply specifically to the rental of vehicles from Mauka Hualalai Rentals. In this section, "Lessor" refers to Mauka Hualalai Rentals and "Renter" refers to the individual who has entered into a vehicle rental agreement with Lessor. These terms supplement the general Legal Terms above and govern your rental transaction.
28.1 Drivers
In no event shall the Vehicle be used, operated or driven by any person other than (1) Renter, or (2) qualified licensed drivers over 21 years of age who have Renter's advance permission to use the Vehicle, and are (a) members of Renter's immediate family and permanently residing in Renter's household, (b) the employer, partner or an executive officer of Renter, or (3) qualified licensed drivers over 21 years of age whose names appear on Page 1 hereof.
28.2 Prohibited Use
Any use of the Vehicle as prohibited below will (i) breach this Agreement; (ii) void any limitation of Renter's responsibility for loss of or damage to the Vehicle; (iii) will make Renter fully responsible for Lessor's actual and consequential damages, costs and attorney's fees resulting from the breach and (iv) to the extent permitted by law, void any insurance protection provided under this Agreement. Subject to applicable law, Renter and Renter's Authorized Drivers may NOT permit the Vehicle to be driven or operated:
(a) by any person not specified in Paragraph 28.1 above or anyone under the influence of intoxicants, alcohol, or drugs;
(b) in any speed contest or test or when overloaded or improperly loaded;
(c) without Lessor's prior written permission outside the United States, off road, to tow or push anything, or for driver training purposes;
(d) to transport hazardous or explosive substances or the transportation of persons or property for compensation;
(e) in connection with conduct that is illegal;
(f) in a willful, wanton or reckless manner, including but not limited to: (i) failure to use seatbelt and required child restraints, (ii) leaving the Vehicle unattended without removing the keys and locking all doors, windows, and trunk, (iii) use of the Vehicle when use will cause damage (i.e., warning light on, flat tire, steam arising from engine).
IN NO EVENT SHALL RENTER SUBRENT OR RE-LEASE THE VEHICLE TO ANOTHER PERSON OR CORPORATION.
If the Vehicle is obtained from Lessor by fraud or misrepresentation or is obtained or used in furtherance of an illegal purpose, all use of the Vehicle is WITHOUT LESSOR'S PERMISSION. The foregoing conditions are cumulative and each of them shall apply to use, operation or driving of the Vehicle.
28.3 Return of the Vehicle
This Agreement is one of rental only. The Vehicle is the property of the Lessor and shall be returned to the Lessor's address or at a place designated by Lessor, and on the date shown on Page 1, or earlier if demanded by Lessor, together with all tires, tools, accessories and equipment in the same condition as when received (except for ordinary wear). In no event may Renter or any Authorized Driver keep the Vehicle for more than thirty (30) days. IF RENTER DOES NOT RETURN THE VEHICLE AS REQUIRED, A CLEANING CHARGE, DROP CHARGE AND/OR RATE CHANGE MAY APPLY. In addition, failure to return the Vehicle when due terminates Lessor's permission for Renter and all Authorized Drivers to use the Vehicle, and where permitted by law terminates any insurance coverage provided with this Agreement. Lessor and Lessor's employees or agents may recover the Vehicle without demand and at Renter's expense, if it is not returned when due, is illegally parked, appears to be abandoned, or is used or obtained in violation of law or of this Agreement. Lessor will not be liable to Renter or any Authorized Driver for damages resulting from such recovery to the extent permitted by law. Renter waives any right to a hearing or to receive any notice or legal process as a pre-condition for Lessor recovering the Vehicle.
28.4 Responsibility for Loss of or Damage to the Vehicle
(a) Regardless of fault, Renter is responsible for all loss of or damage to the Vehicle except for ordinary wear, accidental fire (not resulting from collision, rollover, theft or vandalism) or acts of nature beyond Renter's control.
(b) Your responsibility will not exceed the greater of: (i) the retail fair market value of the Vehicle, or; (ii) the depreciated capitalized value as determined by the manufacturer at the time of loss or damage and under either alternative, less salvage value plus actual towing, storage or impound fees, and where permitted by law an administrative charge and a reasonable charge for loss of use.
(c) If Renter purchases the Physical Damage Waiver (PDW) (which is not insurance) at the beginning of the rental and if the Vehicle is used as permitted by this Agreement, Lessor will not hold Renter responsible for loss of or damage to the Vehicle, including loss of use.
28.5 Payment of Charges
If Renter directs the charges to be billed to someone else or to a credit card, Renter represents and warrants that Renter is authorized to do so. If Renter uses a credit card to pay for charges, RENTER AUTHORIZES LICENSEE TO RESERVE CREDIT AND TO PROCESS AN APPROPRIATE VOUCHER WITH THE CARD ISSUER for all estimated charges at the time of the rental, for all additional charges at the completion of the rental and for corrected charges upon audit and notification by Lessor. If the person or organization Renter directs us to bill fails to pay the charges when due, Renter will promptly pay the charges on demand. Charges not paid when due by a check that is returned to Lessor unpaid will be subject to a late payment fee and/or returned check charge. Renter will pay Lessor on demand all amounts incurred as a result of the rental transaction including but not limited to the following:
(a) All time and mileage charges as computed on the Agreement with mileage determined by reading the Vehicle odometer or hubodometer;
(b) All charges for taxes, permits, service and equipment, excessive wear and tear, lost keys or keys locked in the Vehicle, and optional PDW or insurance products when purchased;
(c) A refueling charge at the rate specified on Page 1, if Renter does not purchase fuel from Lessor at the beginning of Renter's rental (Fuel Purchase Option), and Renter returns the Vehicle with less fuel than when Renter received it. The rental rate does not include fuel;
(d) All fines, penalties, forfeitures, attorney fees (unless prohibited by law), court costs and out-of-pocket expenses incurred by Lessor unless due to Lessor's fault;
(e) All charges related to loss of or damage to the Vehicle as specified in this Agreement.
28.6 Vehicle Insurance
Renter agrees that in the event of loss or damage to Vehicle, whether or not due to what the Renter does or does not do, Renter shall be responsible for and shall pay Lessor (on demand) the amount of loss or damage, including but not limited to loss of use of the Vehicle except as shall be otherwise expressly provided herein or by law. Renter represents and warrants that he/she is currently insured, with at least minimum coverages and standard provisions as required by state law for Automobile Bodily Injury and Property Damage Liability (including Personal Injury Protection, No-Fault, and Uninsured Motorist coverages, where required) and Collision and Comprehensive as provided in Renter's insurance policy for Temporary Substitute Vehicle or Drive-Other-Car extension. Renter agrees and understands that his/her using or obtaining his/her own insurance for the rental Vehicle is part of the consideration relied upon by Lessor in renting to Renter. Renter also understands and agrees that Lessor is relying on Renter's insurance warranties and representations, and thus, is not providing Automobile Bodily Injury, Property Damage Liability (including Personal Injury Protection, No-Fault, and Uninsured Motorist coverages, where required) and Collision and Comprehensive Insurance on the rental Vehicle to the renter or any other person.
Lessor and Renter hereby reject Lessor's providing Uninsured Motorist, supplemental No-Fault and other optional coverages. Further, Lessor and Renter reduce all coverages, including any of the above coverages that cannot be rejected automatically to the minimum requirements of any financial responsibility or other applicable law.
BEYOND SUCH LAWS, IF ANY, LESSOR DOES NOT PROVIDE INSURANCE COVERAGE TO RENTER, OR TO ANY OTHER PERSON USING, OPERATING OR MAINTAINING THE RENTAL VEHICLE DESCRIBED ON THE REVERSE SIDE.
RENTER SHALL BE LIABLE FOR REASONABLE LOSS OF USE OF AND DAMAGE TO VEHICLE REGARDLESS OF ANYTHING ELSE STATED IN THIS AGREEMENT WHICH IS CAUSED BY RENTER'S VIOLATION(S) OF ANY OF THE TERMS AND PROVISIONS OF THIS AGREEMENT INCLUDING BUT NOT LIMITED TO THE USE RESTRICTIONS STATED.
ALL OF THE LESSOR'S OBLIGATIONS DESCRIBED IN THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LESSOR'S INSURANCE OBLIGATIONS, IF ANY, ARE VOID IF VEHICLE IS USED OR OPERATED IN VIOLATION OF THIS RENTAL AGREEMENT. HOWEVER, RENTER'S OBLIGATIONS AND LESSOR'S RIGHTS REMAIN VALID AND ENFORCEABLE.
(a) Lessor provided coverage will be used after any and all other insurance available to Renter or any additional Renter (secondary to Renter's insurance). Lessor's insurance, if any, shall not apply to any obligation imposed under worker's compensation, unemployment compensation, disability benefits or other similar laws or to anything Renter must do because of any contract.
(b) Renter shall defend and indemnify Lessor from all loss, liability and expense, in excess of the insurance amounts stated in this Agreement, arising out of Renter's use of Vehicle.
(c) If Renter is ever considered as an insured under Lessor's insurance policy, Renter agrees to all the terms, conditions, limitations and restrictions of Lessor's insurance policy.
(d) Renter must immediately report any accident to Lessor at the renting location and to the police or other law enforcement agencies when required to do so by any governmental law or regulation. Renter must immediately deliver to Lessor at the rental location every document relating to any accident or to any claim or legal action arising out of an accident. Renter must cooperate with Lessor and its insurer in the investigation and defense of any accident, claim or legal action.
28.7 Indemnity
Renter releases and holds Lessor, its agents and employees, harmless from all claims for loss or damage to any property of Renter or any other person, left in, on, or about the Vehicle, either before or after its return to Lessor, or on the Lessor's premises, without regard to any negligence by Lessor or any of its agents or employees. Renter shall defend, indemnify and hold harmless Lessor from and against any and all losses, liabilities, damages, injuries, claims, demands, costs, and expenses arising out of the use or possession of the Vehicle including, but not limited to any and all fines, penalties, and forfeitures imposed under any Federal, State, Municipal, or other statute, law ordinance, rule, regulation, or insurance policy provision, and to the extent not covered by insurance, any claims of, or liabilities, to third persons arising out of the abandonment, conversion, secretion, concealment or unauthorized use of the Vehicle by Renter or its drivers, agents or employees, or the confiscation of the Vehicle by any governmental authority for illegal or improper use of the Vehicle. Additionally, Renter shall indemnify and hold Lessor harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a result of bodily injury, death, or property damage arising out of the use or operation of Vehicle.
28.8 No Agency
Neither Renter nor any other driver of the Vehicle shall be or is deemed to be the agent, servant, or employee of Lessor for any reason or for any purpose. During the term of this Agreement, Renter shall completely assume full responsibility for the Vehicle to the public and any regulatory body having jurisdiction.
28.9 Repairs
Renter shall not permit any repairs to the Vehicle or suffer any lien to be placed upon it without Lessor's consent. Renter shall be liable for any such repairs.
28.10 Accidents
Renter shall immediately report any accident to Lessor and deliver to Lessor or its insurer, if so wanted by Lessor, every process, pleading, notice, or paper of any kind received by Renter or any driver of the Vehicle relating to any claim, suit or proceeding connected with any accident or event involving the Vehicle. Neither Renter nor driver of the Vehicle shall aid or abet the assertion of any such claim, suit or proceeding and shall cooperate fully with Lessor and its insurer in investigating and defending the same.
28.11 Credit Charges
In the event Renter directs Lessor to bill charges hereunder to any other person or organization, such person or organization and Renter shall be jointly and severally liable for all such charges. RENTER EXPRESSLY AUTHORIZES LESSOR TO PROCESS A CREDIT CARD VOUCHER, IF ANY, IN HIS/HER NAME FOR CHARGES MADE HEREUNDER.
28.12 Default
In the event the Renter breaches any provision of, or obligation arising under, this Agreement ("Default"), then the Lessor may terminate this Agreement without notice or demand and repossess the Vehicle. Upon such termination, Renter shall immediately return the Vehicle to the Lessor and shall be liable for all damages, costs, claims and liabilities of any kind that Lessor incurs as a result of, or related to, any Default. Renter may also be subject to criminal penalties if a Default occurs.
28.13 Cancellation Policy
(a) Cancellations Made More Than Fourteen (14) Days Prior to Rental Commencement. Reservations cancelled more than fourteen (14) days prior to the scheduled rental start date shall be eligible for a full refund of all amounts paid. No cancellation fee shall apply.
(b) Cancellations Made Within Fourteen (14) Days of Rental Commencement. Reservations cancelled within fourteen (14) days of the scheduled rental start date, but more than seventy-two (72) hours prior to such date, shall result in forfeiture of the initial deposit equal to twenty-five percent (25%) of the total rental amount. The remaining balance, if previously paid, shall be refunded to the Renter.
(c) Cancellations Made Within Seventy-Two (72) Hours of Rental Commencement. Reservations cancelled within seventy-two (72) hours of the scheduled rental start date shall render the full rental amount immediately due and payable. No refund shall be issued, and any outstanding balance shall be charged to the payment method on file.
(d) Modifications Reducing Rental Duration. Any modification to a confirmed reservation, during the active reservation, that results in a reduction of the rental period, including early returns or mid-rental trip shortening, or refusing a vehicle on receipt, shall not reduce the total amount owed by the Renter. The Renter shall remain liable for the full rental amount as originally agreed upon at the time of booking.
(e) General Provisions. All cancellation requests must be submitted in writing and are effective upon receipt and confirmation by Mauka Hualalai Rentals. Mauka Hualalai Rentals reserves the right to modify this policy at any time; however, the policy in effect at the time of booking shall govern the applicable reservation.
(f) No Exceptions for External Circumstances. This Cancellation and Refund Policy applies without exception regardless of the circumstances prompting cancellation or modification. Mauka Hualalai Rentals shall not be obligated to issue refunds or waive applicable fees due to, but not limited to, the following events: adverse or inclement weather conditions, including hurricanes, tropical storms, flooding, or volcanic activity; flight cancellations, delays, diversions, or other disruptions to air or ground travel; personal emergencies, illness, or injury; acts of God, natural disasters, or other force majeure events; or any other circumstance beyond the control of either party. The Renter acknowledges that it is their sole responsibility to obtain appropriate travel insurance to protect against potential losses arising from such events. Mauka Hualalai Rentals strongly encourages all Renters to secure adequate travel protection prior to finalizing any reservation.
28.14 Payment Terms
(a) Invoice Due Date. All rental invoices are due and payable upon completion of the rental period. The outstanding balance must be settled in full by the end of the rental term unless otherwise agreed in writing.
(b) Grace Period. Renter is granted a seven (7) day grace period following the conclusion of the rental period before any late fees are assessed. Payment received within this window will not incur penalties.
(c) All credit card payments will be subject to a 5% surcharge as outlined on the payments page.
28.15 Late Fee Structure
(a) Initial Late Fee. If payment is not received within the seven (7) day grace period, a flat $50.00 past-due fee will be immediately applied to the outstanding balance.
(b) Monthly Finance Charge. In addition to the initial $50.00 fee, any unpaid balance will accrue a monthly finance charge of one percent (1%) of the total outstanding balance (including any previously accrued fees). This charge will be assessed on the same calendar date each month that the balance remains unpaid.
(c) Compounding. Finance charges compound monthly. Unpaid finance charges are added to the principal balance and become subject to the 1% monthly rate in subsequent billing cycles.
28.16 Chargebacks & Disputed Payments
A "chargeback" occurs when Renter disputes a charge with their credit card issuer, bank, or payment processor resulting in a reversal of funds to Mauka Hualalai Rentals.
(a) Chargeback Fee. In the event of any chargeback, Renter agrees to pay a chargeback processing fee of $75.00 per incident, in addition to the full disputed rental amount.
(b) Fraudulent or Bad-Faith Chargebacks. If a chargeback is determined to be initiated in bad faith, fraudulently, or without legitimate basis, and Mauka Hualalai Rentals prevails in the dispute, Renter shall be liable for: the original rental amount; all accrued late fees and finance charges; the chargeback processing fee; and any reasonable collection costs or legal fees incurred.
(c) Right to Recover. Mauka Hualalai Rentals reserves the right to pursue all available legal remedies, including civil action, to recover any amounts owed as a result of non-payment or fraudulent chargebacks.
28.17 Schedule of Additional Charges
The following charges may apply in addition to the base rental rate. All amounts are subject to applicable taxes.
| Item | Fee |
|---|---|
| Smoking / Vaping / Marijuana | $500 |
| Late Return of More Than 2 Hours | $50 + 2x Daily Rate for more than 24h |
| Cleaning Required (30-min increments) | $25 per 30 minutes |
| Lost / Damaged Vehicle Key | $550 to $1,500 depending on vehicle make |
| Dents / Damage More Than 2" in Diameter | Actual repair costs + $100 admin |
| Gasoline Refill | Actual refill cost + $25 |
| EV Charge | $0.70/kWh + $25 |
| Improper Return Location | $2/mile + $100 |
| Additional Mileage | Daily Rate / Miles Included per Day x Overage + 25% |
| Charge for Damage Estimates | $150 |
| Late Fee / Monthly Finance Charge | $50 / 1% |
| Repossession Charge | $500 |
| Admin Fees (Loss) | $500 |
| Pet Fee | $200 |
| Accessory (if Damaged or Lost) | Cost |
|---|---|
| Big Island Book | $25 |
| Boogie Board | $50 |
| Cooler | $10 |
| Luggage Rack | $500 |
| Child Seat | $250 |
| Bluetooth Speaker | $50 |
28.18 Non-Payment & Collections
(a) Collections Referral. Accounts unpaid after thirty (30) days from the invoice due date may be referred to a third-party collections agency. Renter agrees that all costs associated with collections, including agency fees and legal costs, shall be the responsibility of the Renter.
(b) Credit Reporting. Mauka Hualalai Rentals reserves the right to report delinquent accounts to applicable credit reporting agencies in accordance with applicable law.
(c) Vehicle Hold / Future Rental Denial. Renters with an outstanding unpaid balance may be denied future rental services until all amounts owed are paid in full.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Mauka Hualālai Corp (dba Mauka Hualalai Rentals)
73-1633 Hao St, Kailua-Kona, HI 96740, United States
Phone: (+1) 808-300-5553
Email: info@maukahualalairentals.com