Guest Agreement
All guests agree to the following terms of the GUEST AGREEMENT:
Cancellation by Guest
1. If the Guest cancels a reservation more than 45 days prior to the Check-in Date, there will be no refund of the reservation deposit.
2. If the Guest cancels a reservation less than 45 days prior to the Check-in Date and has made partial or full payment, there will be no refund of funds received.
3. If the Owner is able to find a substitute Guest for the same term as the original reservation, the Owner will refund any amounts received, less a cancellation fee of 25% of amounts received.
4. There will be no refund in respect of unused days or early departure by the Guest.
Cancellation by Owner - Limitation of Damages
1. If the Owner, for any reason, cancels a confirmed reservation of the Property, or if 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 all monies received in connection with said booking.
2. The Owner and the Owner's agents, employees or assigns shall not be liable in any manner whatsoever to the Guest in the event of a cancellation of a confirmed reservation, other than as expressly set forth above.
3. The Owner, the Owner's agents, employees or assigns and Guests agree that in the event of a cancellation of a confirmed reservation by the Owner, the Owner's agents, employees or assigns, the Guest's damages shall be limited to the return of the funds paid.
Guest Conduct
1. The Guest shall act in a proper and reasonable manner while occupying the Property and will ensure that the Property and all contents used by the Guest and any invitees of the Guest are used in a manner to avoid any damage and will make all reasonable efforts to preserve and protect the Property and its contents, reasonable wear and tear excepted. The Guest will not create a nuisance to occupants of any neighbouring property.
2.The use and occupation of the Property is restricted to the Guest and members of the Guest's family, including parents, grandparents, children, and extended family members. Use of the Property by Fraternities, Sororities, stag/stagettes, or unrelated groups whose members are predominantly under the age of 25 years is strictly prohibited.
3. The Guest acknowledges that any items listed in the Schedule "F" (attached to the physical signed Guest Agreement) are excluded from this rental and their use is expressly prohibited.
4. The Guest will ensure that all members of the Guest's party and invitees act in accordance with the terms of this Agreement and otherwise comply with the obligations of the Guest hereunder, except for the payment of fees, as if such persons were named in this Agreement as Guests. The Guest agrees to be responsible for all acts of members of the Guest's party and invitees.
5. The Guest will vacate the Property at 11:00am on the Departure Date with no exceptions. The Guest will leave the Property in a clean, tidy and orderly condition with furniture in the same location as at the commencement of the stay.
6. The Guest is responsible to ensure that the Property is occupied by no more than 12 occupants. Inclusion of additional person(s) beyond the maximum number of 12 occupants is deemed an event of default under this Agreement and shall entitle the Owner to terminate this Agreement forthwith without refund of fees paid.
7. Only those persons listed in the Guest Agreement may stay overnight in the Property. If an additional person stays overnight in the Property, the Owner may levy an additional charge of $25.00 per person per night. The Guest may not sublet or assign any portion of this Agreement to any other party. The Guest may not camp, tent or place any auxiliary accommodation facilities on the Property without prior written consent of the Owner.
8. Eagles Nest Retreat is located in a quiet residential neighborhood, and as such noise must be kept to a minimum. Guests must ensure that voices (if outdoors) and music be kept to a minimum after the hours of 11:00pm weekdays and 11:30pm weekends. Noise complaints received for activity after these hours is deemed an event of default under this Agreement and shall entitle the Owner to terminate this Agreement forthwith without refund of fees paid.
9. The Owner or the Owner's agent may evict a Guest or any member of a Guest's party without prior notice if, in the Owner's or the agent's reasonable opinion, the behaviour of the Guest or any member of the Guest's party is unreasonable, or if the Guest breaches this Agreement, whereupon the use of the Property will terminate forthwith and the Guest will not be entitled to any refund.
10. The Guest agrees that smoking is permitted outdoors only - SMOKING IS STRICTLY PROHIBITED INDOORS.
11. Pets are not allowed on the Property unless the Owner consents in writing. Contravention of this policy will be considered a breach of this Agreement entitling the Owner to terminate same forthwith, with no refund or fees paid.
Damage Deposit
1. The damage deposit may be retained by the Owner and applied against any and all damages and loss to the Property (other than normal wear and tear), excess cleaning costs, unpaid telephone charges and any other amount owing by the Guest to the Owner under this Guest Agreement.
2. The Guest authorizes the Owner or its agent to charge any excess cleaning or damage costs as a result of the Guest's stay to the Guest's credit card and particulars of such card having been provided to the Owner or its agent.
3. The Owner or its agent will act in accordance with the Owner's instructions regarding deduction from the damage deposit and will have no responsibility or liability to the Guest in so acting.
4. The Owner or its agent will return the damage deposit, minus any deduction required by the Owner to the Guest either by mail or as a Credit to the Cardholder's Credit Card, in 30 days or less.
5. All reservations are subject to a minimum $1500.00 damage deposit regardless of the length of stay. The damage deposit may be higher on longer stays and the guest will be duly notified at the time of booking the property.
Property Used at Guest's Risk
1. The Property is used entirely at the risk of the Guest and members of the Guest's party.
2. 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.
3. Neither the Owner or its agent is responsible for any injury, accident, death, property loss or damage, loss of physical or mental enjoyment, expense, costs or inconvenience directly or indirectly caused to the Guest or any members of the Guest's party arising from the use or occupation of the Property or its approaches.
4. The fact that children may be permitted at the Property does not imply that the Property is without risk to children.
Indemnity
1. The Guest will indemnify the Owner or its agent from any and all damage, loss, expense, claim, action or liability of any kind whatsoever, or howsoever caused including, without limitation, a claim of any kind by any member of the Guest's party (including those of minor children), which arises from or relates in any way to the use or occupation of the Property by the Guest, members of the Guest's party or by invitees of the Guest.
2. The Guest is responsible for and will indemnify the Owner or its agent from any damage of any kind to the Property caused or contributed to by the Guest, members of the Guest's party or by invitees of the Guest.
Limitation of Liability
The Guest acknowledges that EMR Vacation Rentals Inc acts as agent for the Owner. The Owner and its agent will incur no liability whatsoever, whether negligent or not, resulting from the state or condition of the Property or any act or omission on the part of the Owner or its agents, including any act or omission involving negligence.
Limitations of Claim
If the Guest or any member of the Guest's party or invitee of the Guest has a claim of any kind against the Owner or its agent, with respect to, or arising from this Guest Agreement or the use of the property, the maximum liability in all circumstances for the Owner or its agent with respect thereto, will be in the amount of money the Guest has paid under this agreement.
Interpretation
1. The laws of the Province of British Columbia, Canada shall govern this Guest Agreement. In the Guest Agreement, the singular will include the plural. If there is more than one Guest, the covenants, agreements and acknowledgments of each person comprise the Guest.
2. The Agreement will endure to the benefit of and be binding upon the respective legal representatives, successors and permitted assigns of the parties.
3. The Guest's party agrees to observe, perform and abide by the obligations of the Guest under the Guest Agreement. All guests mentioned in the agreement agree that they will use the Property at their own risk.
Additional Important Terms and Policies
Guests have chosen to stay in a privately owned home and not in hotel-style accommodations. It is important to realize that this type of accommodation is self-catering.
Minimum Stay
A 2 to 3 night minimum stay is in effect year round depending on season.
Housekeeping
This is a self-catering property and will be clean and ready for your arrival. All cleaning facilities, including dishwasher, washer and dryer, are available for your use during your stay.
Towels
Two complete sets of towels are provided for the number of people booked. Guests will be responsible for any towels misplaced or lost. Please remember that the linens and towels are also all privately owned, as is the home you have booked. Guests should bring their own beach towels if planning to use towels off-site.
Parking
The property has a two car garage and a driveway that can accommodate up to three more regular sized vehicles. Parking for additional vehicles is not available.
Garbage
It is the responsibility of the guest to remove garbage to the designated disposal location on site.
Hot Tub
Eagle's Nest Retreat* ensures that the hot tub is maintained regularly. Guests use the hot tub at their own risk. Children are only to use the hot tub while in the company of an adult.
Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EAGLE'S NEST RETREAT INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES,AGENTS AND THE HOME OWNER (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY GUESTS OR INVITEES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I); THE GUESTS INABILITY TO USE THE HOUSE; (II) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE BY THE COVERED PARTIES. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Further, to the extent permitted by law, the Covered Parties accept no responsibilities for any damage and/or delay in providing the Home due to sickness, labor disputes, bankruptcy, government restraints, weather, terrorism or causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, or acts of any governmental authority. No Covered Party shall be responsible for any Guests' failure to comply with this Agreement nor for any Guests' failure to comply with applicable federal, provincial and local law. Furthermore, the Covered Parties shall not be held liable for any losses, claims, damages, costs or expenses arising out of any theft, accident, injury, death, damage, delay, inconvenience or distress, whether or not arising by the negligence of the Home owner or Eagle's Nest Retreat, and the Guests hereby waive any and all such liability.
Renter's Responsibility
Renters will take care of and respect the accommodations that they have rented from Eagle's Nest Retreat. Renters agree to report any damage that they find or cause immediately to the office of the agent.
Substitution
In case of fire, natural disaster, acts of God, sale or similar such event, Eagle's Nest Retreat reserves the right to return all monies paid.
* Denotes a sole proprietorship.