desires to have EVH 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. EVH Inc. has agreed to act as the booking agent only set out herein.
REPRESENTATION
1. The Owner represents and warrants that the Owner is a resident of Canada and the registered and beneficial owner of the Property and has the right to enter into this Agreement. The Owner further represents to EVH 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. EVH Inc. shall act as the Owner’s booking agent to locate guests (“the Guest”) 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 Exclusive Package, Elite Vacation Homes Inc. holds exclusivity and remains the sole rental manager for the property. No homeowner or third-party shall advertise or be hired to advertise or complete bookings for the property/properties listed under this agreement. Breach of contract may result in immediate termination and/or additional charges.
Personal leads are to be forwarded to Elite for management at a reduced commission of 10%.
HOMEOWNER OCCUPANCY
3. 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. If cleaning is required after homeowner vacancy, please advise us in advance to ensure our cleaners are booked to accomodate (homeowners expense).
BOOKING EXTENSIONS
4. When EVH Inc. books a guest for your property and the guest decides to extend the contract, the guest remains soley the client of EVH Inc.
The Owner agrees to allow Elite to fulfill the new terms of extension and refrain from dealing directly with Elite guests.
PROPERTY AVAILABILITY
5. Your property must be available for at 4-6 months during the year and for a minimum of one week at a time. It is to your advantage if some or all of this time falls during 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 accomodate requests related to the sale of the home. You will have access to view your bookings calendar to schedule showings and open houses around vacation rental bookings. (Vacation rental bookings will take precendence).
COMMISSION / PAYOUTS
6. The amount payable by the Guest as rent shall be the amount mutually agreed by EVH Inc. and the Owner. The comission paid to EVH Inc. as selected in this contract, is paid by the guest. 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 bookings 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 homeowner will be paid out via e-transfer, direct deposit or cheque, 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.
b) Commission Breaks:
Bookings over 6 months - 20%
DAMAGE/SECURITY DEPOSIT
7. EVH collects a $50 security deposit that covers up to $100 for minor incidentals. A credit card is held on file and authorized to cover damages up to $400. An additional $500 may be charged for damages exceeding this coverage towards a deductible where an insurance claim is being made, as extrordinary damages may require a claim through the homeowners rental insurance at the homeowners discretion.
THIRD PARTY SITE PRICING
8. Your adverstised pricing may vary on different marketing websites/platforms dependant upon their commission fees (markup).
OWNERS RESPONSIBILITIES
9. The Owner shall act reasonably and use the Owner’s best efforts to maintain the Property in a clean, habitable and safe condition suitable for its intended purpose and that the Property is available in the manner set forth as described in the property listing.
The owner shall supply a copy of the homeowners insurance.
The owner shall be responsible for any city/district licensing bylaw requirments. Elite shall not he held liable for any fees or charges for an unlisenced property.
All appliances must be in perfect working order.
The Owner shall supply: dishes; pots; pans; eating utensils; good quality linens and towels (2-3 sets of sheets per bed and 2-3 sets of towels per bathroom, required for prompt turnover); mop/bucket; boom/dust pan & vacuum in perfect condition and will replace on the first signs of wear and tear.
A start up amount of the following will be required for each turnover: Toilet paper; paper towel; dish/laundry detergent; hand soap; garbage/compost bags; dish cloths/sponges; rubber gloves.
A locked supply cabinet with basic supplies for cleaners to restock essentials is recommended. Alternatively, supplies will be replenished and added as expenses to be automatically deducted from booking payouts (Concierge fees may apply for specific homeowner requests and/or additionally required supplies - $25/hr).
The Owner shall be responsible to maintain all outdoor areas and maintain all aspects of the property in top shape for guest use and enjoyment.
The Owner shall be responsible for the cost of all scheduled 6 month deep cleanings as part of ongoing upkeep and maintenance of their home, as well as any requested cleans after an occupied stay not booked by EVH.
The Owner shall always inform us in advance, of any home repairs or building maintenace that may interfere with a guests stay and/or decision to stay. Failure to advise that results in the disatisfaction of a guest, will be subject to potential refund or damages to the guest at the owners expense.
(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 uo 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 owners expense.
SMART LOCK + SENSOR
All Elite properties, (unless just reason or limitation), are outfitted with smart lock technology for guest access.
Guests are provided instruction for access.
INSTALLATION:
Elite will cover the cost of installation.
The hardware type will be determined by the property type and/or strata restrictions.
The owner will be charged for the hardware up front on a 2 year subscription.
A monthly software and management charge will be deducted from booking payouts through your homeowner portal.
HARDWARE:
$560 (One Time Payment)
SUBSCRIPTION & WARRANTY:
$40/mo (Ongoing)
CANCELLATION:
Should you discontinue with Elite Services prior to the 2 year subscription period, an early cancellation penalty will apply.
$225 before the 1st year
$85 before the 2nd year
MISREPRESENTATION
10. In the event the Property is unsatisfactory to the way it was promoted, whether material or not, whether by 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.
CONCIERGE SERVICES
11. A concierge fee of $25 will apply for any property related errands or services required by our team outside of booking management.
GUEST INFORMATION
12. EVH Inc. shall provide a customized digital manual/app which is included in the set up cost, which provides guests important home information, rules, appliance and/or specific home instructions, amenities and local recommendations.
LIMITATION OF LIABILITY
13. The Owner acknowledges and agrees that EVH Inc. is the booking agent finding guests for the Property. As such, EVH 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, EVH 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 homeowners insurance if damages are deemed to exceed $500, up to a max of $1000 towards coverage of the insurance claim deductible.
Wear and Tear: Worn items such as towels or linens; chipped dishes, dirty carpets, scuffed flooring etc. will be evaluated every 6 months during our 6 month home inspections. These would fall under replacement costs covered by the homeowner.
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 homeowner.
b) This agreement shall endure to the benefit of and be binding upon the respective legal representatives, successors and permitted assigns of the parties.
c) It is advised to contact your municipality or other resource, for all regulations and requirments regarding obtaining a Vacation rental licence, if applicable, as per any bylaws governing short-term vacation rentals in your area.
ELITE SEAL OF APPROVAL
14. An Elite representative may coordinate an initial stay (2 nights when vacant) at the property to quality check and report on deficiencies and benefits to give our Elite seal of approval.
Additionally, if there is a last minute opportunity, Elite reserves the right to book the property for personal use at an agreed upon reduced rate.
BOOKING COMMITMENT:
15. The Owner agrees to honour all bookings of the Property made in accordance with this Agreement. In the event of termination of this contract, should future booking cancellations be requested by the owner, the owner agrees to a $100 admin charge, per relocation or cancellation, plus any additionally incurred third party cancellation charges or relocation cost differences associated; should we be unable to find a suitable comparable alternative.
CONTRACT TERM:
16. This contract shall be valid for a 1-year term, renewed automatically, each year for successive one year terms (the “Renewal Term”) unless terminated by either party, with 30 days written notice (after Renewal Term).
In extenuating circumstances, termination prior to the initial year term may be permitted, however, subject to subsequent termination fees.
Owner further acknowledges and agrees that upon termination of this Agreement, all advertised listings will be removed from all advertised sources.
EVH Inc. has the right to remove any property without refund upon any breach of this contract.