desires to have Elite Vacation Homes Inc. act as its booking agent to arrange for paying guests to stay in the subject property or properties in accordance with the terms of the Agreement. Elite Vacation Homes Inc. has agreed to act as the booking agent, set out herein.
REPRESENTATION
1. The Owner represents and warrants that the Owner is the registered and beneficial owner of the property and has the right to enter into this Agreement.
The Owner further warrants that they are a resident of Canada or understands and agrees that they are responsible to submit and pay a 25% withholding tax (in full) for their property in relation to Vacation Rental bookings facilitated by Elite Vacation Homes Inc. in the event they are not a resident of Canada.
Elite Vacation Homes Inc. will not be held liable in the event the homeowner fails to comply with this responsibility.
The Owner further represents to Elite Vacation Homes Inc. Inc. that entering this Agreement will not breach any rules, regulations, bylaws, orders, ordinances, or any other matters affecting the use of the property.
'EXCLUSIVITY'
2. Elite Vacation Homes Inc. shall act as the Owner’s booking agent in reserving guests for the property in accordance with the terms of the Agreement; and to make its best efforts to obtain and confirm bookings of the property on the Owner’s behalf.
Under the Elite Vacations Home Inc. Exclusive Package, Elite Vacation Homes Inc. maintains exclusivity and remains the sole booking agent and rental manager for the property. No Owner or third-party shall advertise or be hired to advertise or complete bookings for the property/properties listed under this agreement. Breach of this contract may result in immediate termination and/or subsequent charges.
Personal leads are to be forwarded to Elite Vacation Homes Inc. for management at a reduced commission of 10%
PROPERTY MANAGEMENT VS BOOKING MANAGEMENT
3. Elite Vacation Homes Inc. is a booking agent, NOT a licensed property management company. Required maintenance and repairs will be reported to us by our cleaning teams and we can assist in coordinating subcontracted repair and service professionals on your behalf. Alternatively, we can coordinate with your own property manager or service contacts. Repair and maintenance coordination and service charges up to $1000 will be expensed through your homeowners portal. Anything over $1000 will be forwarded to be paid directly by the homeowner.
HOMEOWNER OCCUPANCY
4. In the event the property Owner wishes to occupy the property with family or friends when it is vacant, it is imperative to inform us immediately to ensure these dates are made unavailable for guest bookings. Your assigned cleaning team will be automatically scheduled and required after each Owner, family, or friend check-out to comply with our cleaning standards and procedures. The base cost for these cleans will be expensed to you through your homeowners portal.
BOOKING EXTENSIONS
5. When Elite Vacation Homes Inc. books a guest for your property and the guest decides to extend the contract, the guest remains solely the client of Elite Vacation Homes Inc.
The Owner agrees to allow Elite Vacation Homes Inc. to fulfill the new terms of extension and refrain from dealing directly with Elite Vacation Homes Inc. guests.
PROPERTY AVAILABILITY
6. Your property must be available for a min. of 4 months during the year. It is to your advantage if some or all of this time falls over the very popular May to October tourist season.
a) HOMES LISTED FOR SALE
We are happy to list your home while it is for sale, however, we cannot ask vacation rental guests to accommodate requests related to the sale of the home and will only open the calendar for 1-month increments to avoid complications in the event of a sale. You will have access to view your bookings calendar to schedule showings and open houses around vacation rental bookings. (Vacation rental bookings will always take precedence).
COMMISSION / PAYOUTS
7. The amount payable by the Guest as rent shall be the amount mutually agreed by Elite Vacation Homes Inc. and the Owner. The commission paid to Elite Vacation Homes Inc. as indicated in this contract is deducted from the total rent.
An email confirmation will be sent for each new booking and/or cancellation. The Owner will be provided login credentials to a private homeowner portal to view booking details and expected payouts.
The guest will pay all balances to be held in trust until the day of check-in at which time the Owner will be paid, typically within 1 week of check-in. No guest is permitted access to the property until all sums payable pursuant to the guest agreement have been paid in full.
a) Standard Commission:
All bookings under 6 months - 25%
b) Commission Breaks:
Bookings over 6 months - 20%
ADVERTISED SITE PRICING
8. Please note: All 3rd party advertising sites take a commission, therefore the advertised pricing is marked up 10-18% (may vary slightly) on these sites.
DAMAGE/SECURITY DEPOSIT
9. Elite Vacation Homes Inc. collects a $500 damage deposit for condos and suites in homes and a $1000 damage deposit for residential homes. The property is assessed by our quality control team after each check-out and the deposit released back to the guest if there are no claims to be made. Damages/deficiencies exceeding the collected damage deposit amount would require a claim through the Owner's rental insurance at the Owner's discretion.
LIMITATION OF LIABILITY
10. The Owner acknowledges and agrees that Elite Vacation Homes Inc. is the sole booking agent for the property. As such, Elite Vacation Homes Inc., whether negligent or not, has and shall have no obligation, responsibility, or liability or any kind whatsoever to the Owner or guest other than as expressly provided in the Agreement. In particular, without limiting the generality of the foregoing, Elite Vacation Homes Inc. shall have no obligation, responsibility, or liability to the Owner for:
a) Any damage, loss or injury of or to the property caused by a guest or any other party either authorized on the property or not, or in any way relating to or arising from a booking for the property, including but in no way limited to any matters caused by fires, floods, acts of God, lawful acts of public authorities, or delays caused by common carriers.
Accidental Damage: Something that was dropped, broken, stained or torn unintentionally that can be replaced under the umbrella of the damage deposit coverage.
Intentional Damage: When a guest deliberately goes against the rules and/or policies outlined for renting a property, resulting in careless damage to the premises. This would fall under the homeowner's insurance if damages are deemed to exceed the respective damage deposit collected.
Wear and Tear: Worn items such as towels or linens; chipped dishes, dirty carpets, scuffed flooring etc. will be evaluated and replaced as required. These would fall under replacement costs covered by the Owner.
General Maintenance: Window and deck cleaning, yard maintenance; household, appliance, or electronic repairs required from general use. These would fall under maintenance costs covered by the Owner.
ELITE VACATION HOMES INC. RESPONSIBILITIES
11. Elite Vacation Homes Inc. is responsible for the following...
Photos and Virtual Tour:
Elite Vacation Homes Inc. shall arrange for professional photos and a virtual tour of the subject property at the commencement of the listing.
Marketing and Advertising:
Elite Vacation Homes Inc. shall manage all advertising and property exposure on behalf of the Owner.
Guest Qualification and Bookings:
Elite Vacation Homes Inc. shall qualify and book guests based on the Owner's provided specifications.
Guest Contracts:
Elite Vacation Homes Inc. shall prepare a rental agreement for each guest.
Digital Homel Manual:
Elite Vacation Homes Inc. will provide a customized digital manual, featuring important home information, rules, specific home instructions, amenities, and local recommendations.
Updates and Review:
Elite Vacation Homes Inc. shall regularly review and update the property listings and digital home manual for accuracy, requesting information from the Owner, when necessary. The Owner is also responsible to inform Elite Vacation Homes Inc. of any updates or modifications to the property.
Cleaning/Reporting:
Elite Vacation Homes Inc. shall manage all cleaning coordination and ensure a cleaning and inspection report is submitted by the respectively assigned Elite cleaning team at each turnover to advise of potential inventory deficiencies or damages. Elite Vacation Homes Inc. shall further ensure all cleaning services provided are conducted in a satisfactory manner. Any remedial cleaning or damages will be expensed to the applicable party responsible (see section 10. a).
Maintenance Coordination:
Elite Vacation Homes Inc. shall assist in maintenance coordination as a concierge service request as required and/or requested by the Owner.
OWNERS RESPONSIBILITIES
12. The Owner is responsible for the following...
Documents & Municipal Licencing:
The Owner shall supply a copy of their Homeowner's insurance.
The Owner shall be responsible for any city/district licensing bylaw requirements and/or bylaw restrictions, if applicable. Elite Vacation Homes Inc. shall not be held liable for any fees or charges for an unlicensed or non-compliant property.
It is advised to contact your municipality or another resource for all regulations and requirements regarding obtaining a vacation rental license, if applicable, as per any bylaws governing short-term vacation rentals in your area.
Property Maintenance:
The Owner shall ensure that the property is available in the manner set forth as described in the property listing and agrees to reasonably maintain all aspects of the property in a clean, habitable and safe condition suitable for its intended purpose, including all appliances, electrical, plumbing and outdoor areas maintained in perfect working order for guest use and enjoyment.
Property Supplies:
The Owner shall supply all basic small appliances, cook and dishware essentials, linens and cleaning supplies as outlined in our provided SET-UP REQUIREMENTS CHECKLIST and replaced at the first signs of wear and tear at the homeowner's expense, or charged to the guest if deemed as damaged.
Overstock of linens that require additional laundering or inefficient laundry machines that require off-site laundering will be at the homeowner's expense.
A locked supply cabinet with basic supplies for cleaners to restock essentials is recommended. Alternatively, supplies will be replenished and expensed through your homeowner's portal.
Deep Cleaning:
The Owner shall be responsible for the cost of an initial deep clean as well as all scheduled 6 month deep cleanings as part of ongoing upkeep and maintenance of the home, as well as any cleans after an Owner-occupied or Owner coordinated stay that is not booked directly through Elite Vacation Homes Inc.
Notifications:
The Owner shall always inform us in advance of any home repairs, nearby construction, building maintenance, trade access, or any other service that may interfere with a guest's stay and/or decision to stay. Failure to advise resulting in the dissatisfaction of a guest will be subject to a potential refund or damages to the guest at the Owner's expense.
Misrepresentation:
In the event, the property is unsatisfactory to the way it was promoted, whether material or not or by a defect of misrepresentation, the Owner shall be at liberty to return part or all of the money received from the Guest in respect of the booking as compensation for the Guest’s dissatisfaction.
Garbage & Recycling (Residential homes):
Guests are provided local garbage/recycling schedules and are required to put out garbage and recycling to be collected should their stay fall over a pick-up day. In the event a stay does not fall over a collection day and garbage is in need of collection, a private service will be hired at the Owner's expense if not otherwise arranged by the Owner. In the event a guest fails to put out garbage and recycling to be collected during a stay resulting in the requirement for private collection, this would be expensed to the guest.
Annual Fee:
An $89/annual renewal fee will be expensed from your homeowners portal. (Waived for properties set up with Smart Locks).
Smart Lock and Sensor if applicable):
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All properties, (unless just reason or limitation), will be outfitted with smart lock and sensor technology for guest access and monitoring.
(Each guest is provided a unique and secure code and instruction for access).
Smart Lock Installation:
$99 Initial Install will be charged during your initial setup.
Smart Lock Subscription and Warranty:
The smart lock is on a 2-year subscription. A monthly software and management charge will be expensed through your homeowners portal.
$55/mo for 2 years. You will own the hardware outright after 2 years.
$45/mo after 2 years for the ongoing subscription.
Smart Lock Early Cancellation Penalty:
$400 (USD) penalty charge if cancelled prior to the 1st year
$300 (USD) penalty charge if cancelled prior to the 2nd year
(you will own the hardware in both scenarios)
Smart Lock Hardware Type:
The hardware type installed will be determined by the property type and/or strata restrictions.
CONCIERGE SERVICES
13. A concierge fee of $25 will apply to any property related errands or services required by our team outside of booking management.
ELITE SEAL OF APPROVAL
14. Elite Vacation Homes Inc. representatives may coordinate an initial stay at the property when vacant to quality check and report on deficiencies and benefits to give our 'Elite seal of approval'.
CONTRACT TERM/CANCELLATION
15. This agreement shall endure to the benefit of and be binding upon the respective legal representatives, successors and permitted assigns of the parties.
This agreement shall be valid for one 1 year from the commencement date and renewed automatically each year for successive 1-year terms (the “Renewal Term”). Termination by either party after the first "Renewal Term" can be made without penalty with 90 days' written notice.
The $500 set-up fee that is waived on initial sign-up will be charged for termination by the homeowner prior to the 1st year agreement term as well as for termination, with written notice, prior to 90 days, after the 1st year agreement term.
An $89 re-listing/activation fee will be applicable for any requested calendar blocks/temporary deactivations over 6 months.
The Owners credit card will be held on file after submission of this agreement in the event outstanding balances are not voluntarily paid upon termination of this agreement.
In the event of municipal bylaw breach or termination of this contract, the Owner agrees:
To pay any outstanding expense, penalties or balances owed.
To honor all bookings of the property made in accordance with this agreement, or pay a $100 admin charge per relocation or cancellation of any existing bookings, plus any additionally incurred third party cancellation charges or relocation cost differences associated should we be unable to find a suitable comparable alternative.
The Owner further acknowledges and agrees that upon the termination of this agreement, all advertised listings will be removed from all advertised sources.
This Agreement (the "term") is effective as of the: