_______________ "The Homeowner/Owner", 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, set out herein.
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.
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%.
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. 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 clean will be expensed and deducted from your homeowners portal.
4. When EVH Inc. books a guest for your property and the guest decides to extend the contract, the guest remains solely 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.
5. Your property must be available for a min. of 4 months during the year and a min. of 1 week at a time. 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 take precedence).
COMMISSION / PAYOUTS
6. The amount payable by the Guest as rent shall be the amount mutually agreed by EVH Inc. and the Owner. The commission 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, 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%
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 extraordinary damages may require a claim through the homeowner's rental insurance at the homeowner's discretion.
ADVERTISING SITE PRICING
8. Although we mark up our set pricing on the third-party sites, your advertised pricing may slightly vary on different marketing websites due to additional commission fees.
9. The owner is responsible for the following...
Documents & Municipal Licencing:
The owner shall supply a copy of the homeowner's insurance.
The owner shall be responsible for any city/district licensing bylaw requirements and/or bylaw restrictions, if applicable. Elite shall not be held liable for any fees or charges for an unlicensed or non-compliant property.
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.
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 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 added as expenses and automatically deducted from booking payouts.
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 their home, as well as any requested cleans after an occupied stay not booked by EVH.
Notifying of Scheduled Repairs, Maintenance & Property Access:
The Owner shall always inform us in advance, of any home repairs, building maintenance or trade access that may interfere with a guest's stay and/or decision to stay. Failure to advise that results in the dissatisfaction of a guest, will be subject to a potential refund or damages to the guest at the owner's expense.
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.
PROPERTY MANAGEMENT VS BOOKING MANAGEMENT
Please note that Elite Vacation Homes Inc. is NOT a licensed property management company. We are a booking agent only. Required maintenance and repairs will be reported to us by our cleaning teams and we can assist in coordinating subcontracted repair and service professionals, or alternatively, we can coordinate with your own property manager. Repair and maintenance is paid for per job and expensed and deducted from future payouts through your homeowners portal.
All properties, (unless just reason or limitation), will be outfitted with smart lock and sensor technology for guest access and monitoring. Guests are provided instruction for access.
(Guests are provided instruction for access)
$99 Initial Install will be charged during your inital setup.
SUBSCRIPTION & WARRANTY
The smart lock is on a 2-year subscription. A monthly software and management charge will be deducted from booking payouts through your homeowner portal.
$55/mo for 2 years
$45/mo after 2 years.
You will own the hardware outright after 2 years.
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)
The hardware type installed will be determined by the property type and/or strata restrictions.
10. In the event, the property is unsatisfactory to the way it was promoted, whether material or not, whether, 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.
11. A concierge fee of $25 will apply for any property related errands or services required by our team outside of booking management.
12. EVH Inc. shall provide a customized digital manual/app which is included in the setup 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 homeowner's 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 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.
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.
15. This contract shall be valid for 1-year from the commencement date and renewed automatically each year for successive one-year terms (the “Renewal Term”). Termination by either party after the first "Renewal Term" can be made with 30 days written notice.
In extenuating circumstances, termination prior to the initial year term may be permitted, however, may be subject to subsequent termination fees.
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.
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 your initial commencement date.