CORTES ISLAND VACATION RENTALS is a licensed travel agent accommodation provider with Consumer Protection BC (License #61047).
To ensure the Owner’s property is looked after and respected, the Guest must agree to the GUEST AGREEMENT prior to arrival.
This agreement is between CORTES ISLAND VACATION RENTALS, hereafter referred to as CIVR and you, a Licensee of the rental Property, hereafter referred to as the Guest, or Guests.
CIVR has arranged this use of the Property solely as acting property manager for the Owner of the Property, hereafter referred to as the “Owner”.
The Guest agrees that the Guest is paying the Owner for the use of the property, not CIVR, and that CIVR incurs no liability whatsoever, whether negligent or not, nor as a result of alleged misrepresentations relating to the Property, except for its express obligations set forth in the Guest Agreement.
The term “Owner” or “CIVR” shall in all cases also refer to that respective party’s directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors and assigns.
All information regarding the Property has been provided to CIVR by the Owner, and CIVR is not responsible for any misleading description of the Property which is provided by CIVR to the Guest.
In this agreement, the Guest(s’) use of the Property and the term “Property Stay” shall include all activities, accommodation, transportation, events, services provided, arranged, organized, conducted, sponsored or authorized by the Owner or CIVR, and shall include but is not limited to: use, rental or purchase of equipment or accommodation; demonstrations; orientational and instructional courses; loading, unloading and travel by or movement in or around motor vehicles; and other activities, events and services in any way connected with or related to the Property.
The following terms are confirmed and a binding agreement will be constituted between the Guest, the Owner and CIVR on the terms and conditions set forth in the Guest Agreement. The Guest Agreement is binding upon and is for the benefit of the Guest, the Owner, and where applicable, CIVR.
A declaration by a court of competent jurisdiction of invalidity or un-enforceability of any provision (or part thereof) contained in this agreement shall not affect the validity or enforceability of any other provision in this agreement.
In entering into this agreement, the Guest is not relying on any oral or written representations or statements made by the Owners or CIVR with respect to the safety of the Property Stay, other than what is set forth in this agreement. Any exceptions to terms and conditions mentioned below must be approved in writing in advance.
CORTES ISLAND VACATION RENTALS GUEST AGREEMENT
TERMS & CONDITIONS
The Guest(s) does hereby agree to and abide by the terms set out in this Agreement. The terms of this agreement are as follows:
1. RATES – All prices are quoted in Canadian Funds. Advertised rates are subject to change without notice. GST is charged on select properties only. This will be indicated in the ‘Rates’ section of each property listing and in the quote provided by CIVR. PST is applied to all accommodation charges less than 30 nights, unless otherwise exempt. Booking and Processing Fee is applied to all reservations.
2. RESERVATIONS – For reservations made prior to 60 days of Guests’ arrival date, a deposit of one half (50%) the total amount is due immediately to hold the reservation. Balance payments will be billed to the Guest’s credit card 60 days prior to check-in.
For reservations made within 60 days of the Guests’ arrival date, a deposit of the total amount (100%) is due. All reservations must be paid in full prior to disbursement of check-in information.
3. PAYMENT – Payment can be made via credit card (VISA or MC), or interact email money transfer (e-transfer). Cheques are not accepted.
4. CANCELLATION – Confirmed reservations are non-refundable. However, in the event of a cancellation, CIVR will attempt to re-rent the property, and if successful, CIVR will refund the Guest money in full, less a 10% cancellation fee. A proportionate refund will apply if CIVR can re-book only a part of the Guest’s reserved time. If the property is not re-rented, CIVR will retain all payments. No refunds will be made for unused days or early departures.
If, for any reason, the Owner cancels a confirmed reservation of the Property or the Property is rendered uninhabitable, other than as a result of a default by the Guest or an invitee of the Guest, the Owner will refund to the Guest the reservation payment in full.
In the event of a reservation cancellation by the Owner, CIVR will make reasonable efforts to find another property represented by CIVR for use by the Guest. Neither the Owner or CIVR will be liable in any way to the Guest in the event of a cancellation of a confirmed booking, other than as expressly set forth in this paragraph, and the Guests’ damages or claims shall be limited to the return of funds paid.
5. DAMAGE DEPOSIT
Option 1 – Cleaning & Damage Deposit
The Cleaning & Damage Deposit is retained by the Guest’s credit card as a hold of funds (pre-authorization) for a minimum of $500, and may be retained by the Owner and applied against any and all damage and loss to the Property caused by the Guest, (other than normal wear and tear), excessive cleaning costs, and any other amount owing by the Guest to the Owner under this Guest Agreement. The retention of the Cleaning & Damage Deposit herein is without prejudice to the Owner’s right to claim from the Guest any amount in excess of the deposit.
Option 2 – Accidental Damage Protection & Cleaning Deposit
In lieu of securing the Cleaning & Damage Deposit, Guest may elect to purchase Accidental Damage Protection (ADP) at the time of booking. The policy costs $55.00, and covers the Guest for up to $1,500.00 in accidental damages. This includes carpet stains, broken furniture, spills, stained linens, broken or damaged appliances, damage due to pets in a pet-friendly home, and other damage due to accidents. Any claims are handled between CIVR and the insurance provider. More information can be found here: Travel Guard Accidental Rental Damage Insurance. Damage due to Guest negligence will not be covered under the ADP policy. Repair charges due to Guest negligence will be charged to the Guest’s credit card.
If Guest purchases Accidental Damage Protection, a refundable $125.00 Cleaning Deposit is retained by the Guest’s credit card as a hold of funds (pre-authorization), and will be voided after departure provided there are no extra cleaning charges due.
* For certain properties and for groups of 6 guests or more, purchase of Accidental Damage Protection and the $125 Cleaning Deposit is mandatory, and will be included on the invoice at the time of booking.
6. CLEANING – Cleaning fees are built into the rental rate for week long stays. Additional cleaning fees may apply for reservations less than 7 nights, or for larger groups. The cleaning fee covers professional cleaning of the home and property, including disinfecting of the home, all laundry, floors washed, all rooms and bathrooms cleaned, beds made, dishes washed, carpets vacuumed, and garbage/recycling removal.
Guests are responsible for leaving the accommodation tidy and with furniture left in the same position as it was when the Guests arrived. Guest shall maintain reasonable cleanliness and sanitary standards of the Property throughout their stay.
If Guest uses the barbecue/grill, Guest is required to clean grill with supplied wire brush when finished cooking each meal and prior to their departure of the Property.
The Guests will leave the Property in the same clean, tidy, and orderly condition in which they found it upon arrival.
Each home has a cleaning budget between 3 – 4 hours (small homes), and 4 – 8 hours (large homes). Additional cleaning hours required at the Property as a result of the Guest’s stay will be deducted from the Guest’s Cleaning & Damage Deposit at $25.00 per hour plus GST.
GUEST DEPARTURE CHECKLIST – Guest’s Damage & Cleaning Deposits are fully refundable and/or the authorization is voided within seven (7) days of departure provided the following provisions are met:
• The Property has suffered no damage or loss as a result of the Guest’s stay. Any damage or loss to the Property has been promptly reported to CIVR in writing and Guest assumes all responsibility for replacement costs associated with Property damage or loss, whether accidental or due to negligence.
• If Guest has purchased Accidental Damage Protection, Guest has reported any damage to the Property to CIVR, in writing, before departure.
• All debris, rubbish, and discards are placed in the garbage bins provided, and recycling is clean and organized into proper bins, ready for pick up, as described in the property’s Home Manual (found in the vacation home).
• All furniture, books, games/puzzles, decorations, appliances, and other items belonging to the property owner are returned to their respective places.
• No linens are lost or damaged.
• All personal food and beverage items brought by the Guest are emptied from the fridge and cupboards, and removed from the Property by the Guest.
• All used towels are gathered and placed in laundry area, and a load of towels is started (if Guest feels comfortable using the washing machine and there is one on site).
• All used beds are stripped of their fitted and flat sheets and pillow cases, and used linens are placed neatly on top of used beds.
• All used dishes are thoroughly washed, and either put away in proper cupboards, or left in the dishwasher or drying rack.
• Guest has cleaned up after their children. This includes cleaning up after spills/accidents, fingerprint marks on glass and windows, and any excessive mess.
• Guest has cleaned up after their pet, as detailed in the Pet Policy.
• BBQ is scrubbed and cleaned, ready for the next guest’s use.
CIVR will act in accordance with the Owner’s instructions regarding deductions from the Damage and Cleaning Deposits and will have no responsibility or liability to the Guest in so acting.
7. CONDITION OF PROPERTY – The Guest understands that they are staying in the Owner’s home and that while every effort is made to make the home comfortable and clean, the home may be more “lived in” than a hotel room. Also, the Owner may leave belongings in the home during the Guest’s stay. CIVR cannot be held responsible for typographical errors, omissions, environmental factors, price changes and changes made by Owner in furnishings, equipment, bed arrangements, etc.
8. GUEST CONDUCT AND RESTRICTIONS – The Guest will act in a proper and reasonable manner while staying at the Property, and will ensure the Property and all contents of Owners’ personal property used by the Guest are used in a manner to avoid any damage, reasonable wear and tear permitted. The Guest will make all reasonable efforts to preserve and protect the Property and all contents of the Owners’ personal property.
The Guest will not create a nuisance to occupants of any neighboring property. Parties and large gatherings are prohibited unless prior arrangements have been made with the Owner and CIVR.
The Guest will ensure that members of the Guest’s party and the Guest’s invitees act in accordance with terms of this Guest agreement and otherwise comply with the obligations of the Guest, as if such persons were named as the Guest. The Guest is responsible for the acts of members of the Guest’s party and invitees.
The Guest will check in no earlier than 4:00 p.m. , and vacate the Property no later than the checkout time of 10:00 a.m. Failure to vacate the property at the check-out time of 10:00 a.m. will result in an extra daily rate being charged against your damage deposit, unless previously agreed with CIVR.
Furniture will be in the same location as at the commencement of the stay, and no personal belongings, furniture, or other items belonging to the Owner may be removed or misplaced by the Guest.
Only the number of adults and children who are determined at the time of booking with CIVR may stay overnight at the Property. If an additional person stays overnight at the Property, the Owner may levy an additional charge of $25.00 each person per night unless otherwise agreed upon with CIVR.
The Guest may not sublet all or a portion of the Property nor assign this Guest Agreement. The Guest may not camp, tent or place other auxiliary accommodation facilities on the Property without prior written authorization from CIVR.
The Owner, or CIVR, may evict a Guest, and a Guest Party, without prior notice, if, in the Owner’s or CIVR’s reasonable opinion, the behavior of the Guest or any member of the Guest Party is unreasonable, or if the Guest breaches this Guest Agreement, whereupon the use will terminate and the Guest will not be entitled to any refund.
9. MAINTENANCE – Every effort is made to have the home clean and all equipment in good working order. Even the newest or best-maintained equipment occasionally malfunctions. Refunds will not be issued due to a malfunction in equipment.
Any problems should be reported immediately to the CIVR office at (250) 935-0102 so arrangements can be made to resolve them. Repairs are corrected in as timely a manner as possible. CIVR reserves the right, if necessary, for maintenance staff to enter the premises during business hours for repair, care, or management of the property. CIVR will make every effort not to disrupt the Guests’ vacation.
10. PET POLICY – For properties that allow pets, Guest must adhere to the following pet policy: • There is a non-refundable pet fee of $75/week, or $15/day for shorter stays.
• Pets must be housebroken.
• Pets are not to be left unattended in the home, due to potential noise, damage, or ‘accidents’.
• Pet owner must bring their own pet bedding. Pets are not allowed on any beds or furniture in vacation home. Guests agree that the pet will not get on the furniture or bedding.
• Guests will be responsible for any pet damages and/or additional cleaning caused by the pet. This may include but is not limited to: excessive hair/fur on the furniture and carpets, paw prints, dirt tracked in and not cleaned up after, scratches or evidence of chewing on walls, floor, or furniture, flea/tick infestation, and/or pet ‘accidents’ in the home.
• Guests agree to promptly report any damage caused by pet(s).
• If damages are not reported but are found by Owner or CIVR, they will be documented and necessary replacement or repair costs will be deducted from the Damage & Cleaning Deposit.
• Domestic pets only (dogs, cats, etc.) Birds and hamsters must be caged at all times. No exotic pets allowed.
• Owner is responsible for cleaning up after their pet in all outdoor areas.
• Guests agree that dogs will not be washed in the bathtubs or showers inside the home.
• Failure to clean up properly after your pet upon departure will result in extra cleaning costs deducted from your Damage & Cleaning Deposit.
11. PROPERTY USED AT GUESTS’ RISK – The Property is used entirely at the risk of the Guest and members of the Guest’s party. The Guest is responsible for any damage, loss or injury caused to the Property or to any other property or person by the Guest or members of the Guest’s party, or the Guest’s invitee.
Guest is aware that occupation of the Property may involve risks, dangers and hazards. Guest acknowledges and accepts that the Owners or CIVR may fail to predict whether a change, error or other condition of the Property may make the Property unsafe for the Guest(s). In addition, in the event of an accident, rescue and medical treatment may not be available. Weather conditions may be extreme and can change rapidly and without warning, making travel by boat, helicopter or other vehicle hazardous.
GUEST IS AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE PROPERTY STAY AND GUEST FREELY ACCEPTS AND FULLY ASSUMES ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
12. LIMITATIONS OF CLAIMS – In consideration of the OWNERS and CIVR allowing the Guest to stay on the Property, the Guest hereby agrees:
• TO WAIVE ANY AND ALL CLAIMS that Guest has or may in the future have against THE OWNERS and CIVR and TO RELEASE THE OWNERS and CIVR from any and all liability for any loss, damage, expense or injury including death that the Guest may suffer or that the Guests’ next of kin may suffer as a result of Guest’s participation in Property Stay.
• TO HOLD HARMLESS AND INDEMNIFY THE OWNERS AND CIVR from any and all liability for any property damage or personal injury to any third party resulting from Guest’s participation in the Property Stay;
• This agreement shall be effective and binding upon Guest’s heirs, next of kin, executors, administrators, assigns and representatives, in the event of Guest’s death or incapacity.
• This agreement and any rights and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction;
• Any litigation involving the parties to this agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
13. INTERPRETATION AND DISPUTES – In the Guest Agreement, the singular will include the plural. If there is more than one Guest, the covenants, agreements and acknowledgments of the Guest herein bind each person comprising the Guest.
This Agreement and other writing delivered pursuant hereto may be executed in any number of counterparts with the same effect as if all parties to this Agreement or such other writing had signed the same document and all counterparts will be construed together and constitute one and the same instrument.
This Agreement will endure to the benefit of and be binding upon the respective legal representatives, successors and permitted assigns of the parties.
In the event of any legal dispute concerning this agreement, the prevailing party shall be reimbursed by the losing party for all reasonable fees and costs for the legal services involved. This paragraph shall survive this contract.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO PROCEEDING WITH A RESERVATION WITH CORTES ISLAND VACATION RENTALS. I AUTHORIZE ALL RENTAL CHARGES AND ANY OUTSTANDING CHARGES REMAINING AFTER DEPARTURE TO BE CHARGED TO THE CREDIT CARD ON FILE FOR THE RESERVATION.
FOR PERSONS OF MINORITY AGE, I HEREBY CERTIFY THAT I, AS PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PERSON OF MINORITY AGE, DO CONSENT AND AGREE, TO HIS/HER RELEASE OF THE OWNERS AND CIVR, AND FOR MYSELF, MY HEIRS, ASSIGNS AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY THE OWNERS AND CIVR FROM ANY AND ALL LIABILITIES INCIDENT TO THE PROPERTY STAY OR THE MINOR’S PROPERTY STAY.