Last Updated: 8/2/2024

Welcome to Honu Vacations, LLC ("we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website, and services, including any content, functionality, and services offered on or through honuvacations.com (the "Website"). Please read these Terms carefully before using the Website. By using the Website, you agree to be bound by these Terms and our Privacy Policy https://www.honuvacations.com/privacy-policy. If you do not agree to these Terms, you must not access or use the Website.

1. Acceptance of Terms

By accessing or using the Website, you confirm that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are accessing or using the Website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. Further, by using this website you agree to these Terms of Use as well as our Privacy Policy.

2. Changes to Terms

We may modify these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the updated Terms on the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. We encourage you to review the Terms periodically to ensure you are aware of any updates.

3. Use of the Website

You agree to use the Website in compliance with all applicable laws and regulations. You agree not to:

-Use the Website for any unlawful or improper purpose or in any way that could harm, disable, overburden, or impair the Website or its users, including but not limited to submitting false rental applications, inundating us with unnecessary emails;

-Use any automated system, software, or process to access, scrape, or index the Website or its content;

-Attempt to gain unauthorized access to any part of the Website or any systems or networks connected to the Website;

-Interfere with or disrupt the security or integrity of the Website or any systems or networks connected to the Website;

-Attempt to use the Website for any means other than inquiring or booking the properties listed; or

-Access the Website by any means other than through the interface provided by us.

4. Property Listings

The property information listed on the Website provides accurate and complete information about the property. We regularly update such information as necessary to ensure its accuracy. We post the content of the property listings and ensure that all listings comply with all applicable laws and regulations.

5. Booking and Payments

When you make a booking through the Website, you agree to comply with any terms and conditions specified by us. You also agree to pay all fees associated with your booking, including the rental price, any applicable taxes, a $200 security deposit, and any other fees specified at the time of booking. Payment must be made through the payment methods provided on the Website. We are not responsible for any disputes related to bookings, payments, or refunds.

SUBMITTING A RENTAL APPLICATION SHALL IN NO WAY ENTITLE THE USER TO A RENTAL AGREEMENT OFFER FROM THE OWNER.

6. Cancellations and Refunds

The following information is our current cancellation policy. If the Renter is issued a Rental Agreement, the Renter shall carefully review the cancellation policy, which shall be current as of the Booking Date, before signing the Rental Agreement. If the Renter needs to cancel a booking, the Renter must do so in accordance with the our cancellation policy as defined herein and the Rental Agreement. We are not responsible for processing or issuing refunds and outsource such tasks to our third-party payment processor.

Cancellations will be accepted at any time and for any reason. Refunds shall be given only according to the terms and conditions set forth below.

If the Renter cancels within 48 hours of the Booking Date, their refund will be based on how close to the arrival date they are:

-If the cancellation is at least 14 days before the scheduled Arrival Date, the Renter shall receive a full refund

-If the cancellation is at least 7 days but no more than 14 days before the scheduled Arrival Date, the Renter shall receive a 50% refund

-If the cancellation is within 7 days of the Arrival Date, the Renter shall receive no refund.

If the Renter cancels beyond the 48 hours of the Booking Date:

-The Renter shall receive 50% refund only if the cancellation is made at least 14 days before their scheduled Arrival Date, or

-If the cancellation is within 14 days of the Arrival Date, the Renter shall receive no refund.

THERE SHALL BE NO REFUNDS FOR CANCELLATIONS WITHIN 7 DAYS OF THE SCHEDULED ARRIVAL DATE, REGARDLESS OF WHETHER THE CANCELLATION WAS MADE WITHIN 48 HOURS OF THEIR BOOKING.

7. Application Process and Rental Agreement

The User shall submit through the Website an application to rent which shall be processed by the Owner in a reasonable amount of time. The User acknowledges and accepts that Owner may disseminate personal information about the User to a third party contractor to review the User’s identity. The decision of whether to approve the rental application shall remain solely the Owner’s responsibility, however. Further, the Owner is under no obligation to accept any rental application for any reason. If the Owner approves the rental application, the User shall pay the Owner the security deposit as specified in the rental agreement. At such time, the Owner shall issue the rental agreement to the User who shall sign the rental agreement within 3 business days.

The application process requires that the User submit certain information, including personal information so that the Owner may properly process the application and verify for security and safety reasons the identity of the applicant. Therefore, by submitting an application the User agrees to submit truthful and accurate information and warrants and represents as such. Any personal information submitted to us through the Website is subject to the Privacy Policy.

8. Intellectual Property

The Website and its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us and are protected by copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights laws.

9. Termination

We may terminate or suspend your access to the Website, without prior notice or liability, for any reason whatsoever in our sole discretion, including, without limitation, if you breach these Terms. Upon termination, your right to use the Website will immediately cease.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data, use, goodwill, or other intangible losses, resulting from your use of or inability to use the Website, any conduct or content of any third party on the Website, any content obtained from the Website, and unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage. Further, we shall not be liable for any direct or indirect damages attributable to your use of our Website, including but not limited to malware of digital viruses. While no company can guarantee absolute security, we do take reasonable steps to implement appropriate physical, technical, and organizational measures to protect our customers and all users of the Website.

11. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and our respective directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including but not limited to your user content, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

12. Governing Law and Dispute Resolution

These Terms, the Privacy Policy, and the Rental Agreement shall be governed by the laws of the State of Hawaii without giving effect to its conflicts of laws principles.

Except as specifically excluded herein, any and all claims, controversies or disputes arising out of or relating to these Terms of Use which remains unresolved after direct good faith negotiations between Parties, shall first be submitted to confidential Mediation in accordance with the Rules, Procedures, and Protocols for Mediation of Disputes of “Dispute Prevention & Resolution, Inc.” headquartered in Honolulu, Hawaii (“DP&R”), then in effect using a single Mediator. Either Party desiring to submit an issue to mediation shall notify the other Party of such desire in writing. The Parties shall then agree that within twenty-one (21) calendar days of said written notice to a single Mediator who will mediate all issues submitted to the Mediator. If the Parties are unable to agree on a Mediator within the above time frame, then either Party may submit a request to a Judge of the First Circuit Court, State of Hawaii, for appointment of a Mediator under this Section. The Mediator's fees and expenses shall be shared equally between Owner and User. If mediation is unsuccessful, then the Parties agree to arbitrate the issues through binding arbitration, as set forth below.

If any issues, claims, or disputes submitted to mediation, as detailed herein, remain unresolved after mediation concludes, either Party desiring to submit such issues, claims or disputes to Arbitration shall notify the other Party of such desire in writing. The Parties shall then agree within twenty-one (21) calendar days of said notification to a single Arbitrator pursuant to the rules then in effect of DP&R and which shall be in accordance with Hawaii Revised Statutes Chapter 658A. If the Parties are unable to agree on such single Arbitrator within the above time frame, then either Party may submit a request to a Judge of the First Circuit Court, State of Hawaii, for the appointment of an Arbitrator. All hearings and submissions shall be scheduled, concluded, and submitted within three (3) months of the initial demand for arbitration and the Arbitrator shall render an award within four (4) months of the initial demand for arbitration. The Parties agree that the award of the Arbitrator is binding upon all Parties and that judgment upon the award rendered may be entered in any court of competent jurisdiction as agreed herein. The Arbitrator's fees and costs shall be shared equally between Owner and User, unless the Arbitrator has come to a reasonable belief that the position taken by either of the Parties was frivolous and whereupon the Arbitrator may assess the Arbitrator’s fees and costs against the Party whose position the Arbitrator deems frivolous. Further, the Arbitrator shall have the authority to award the prevailing party its reasonable attorney's fees and costs.

13. Miscellaneous

-Entire Agreement: These Terms constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

-Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

-Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

-Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer any or all of our rights under these Terms, in whole or in part, without obtaining your consent or approval.

-Headings: The headings in these Terms are for convenience only and have no legal or contractual effect.

14. Contact Us

Please submit any questions to honuvacationsllc@gmail.com.