AGREEMENT

This Agreement (the "term") is effective as of the: 08-09-2023

 

Hereinafter, test test desires to enlist Elite Vacation Homes Inc. as its booking agent to arrange for paying guests to stay in the subject property or properties by the terms of this agreement. Elite Vacation Homes Inc. has consented to serve as the booking agent as outlined herein.​

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**Representation**

 

As the property owner, you confirm that you have the legal right to enter into this agreement and are a resident of Canada. If you are not a Canadian resident, Elite Vacation Homes will withhold and remit a 25% tax on all bookings, and we are not liable if you fail to meet this obligation. Elite Vacation Homes acts solely as a booking agent, facilitating bookings and coordinating interior maintenance and repairs through subcontractors. You also confirm that this agreement does not violate any laws or regulations governing property use.  We book stays for transitional housing, vacation, and corporate clients for up to one year, with possible extensions based on availability.

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**Exclusivity**

 

Elite Vacation Homes Inc. will be your exclusive booking agent and rental manager. You agree not to advertise or book the property through other channels. Breach of this exclusivity may result in contract termination and/or charges. Personal leads should be forwarded to us for management at a reduced commission of 10%. 

 

**Commission/Payouts**

 

Our commission is 25% (exceptions may apply). The rental amount is agreed upon by us and you and our commission is deducted from the total rent. Guests pay all balances to us, and you typically receive payment on or within one week of check-in. Guests cannot access the property until full payment is received.

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**Concierge**

 

A $25 concierge fee applies for service calls related to property management tasks, such as facilitating access for maintenance or repairs.

 

**Advertised Pricing**

 

Prices on third-party advertising sites are marked up by 8-15% to account for their commission charges.

 

**Booking Extensions**

 

If a guest booked through us extends their stay, they remain our client, and you agree to allow us to handle the extension.

 

**Owner's Portal**

5. 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 for access anytime to view booking details, calendar blocks, expected payouts, deductions, reports and more.  A PDF format is available on the portal for year-end taxes.

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**Property Availability**

Your property must be available for at least 6 months of the year, preferably during the peak season (May to October). If your home is listed for sale, we can still list it, but the calendar will be open in one-month increments, and vacation rental bookings take precedence.

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** 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 booking calendar to schedule showings and open houses around vacation rental bookings. Vacation rental bookings will always take precedence if you wish to rent while it's for sale.

 

**Damage/Security Deposit**

 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 is released back to the guest if there are no claims to be made except for bookings made through Airbnb where a damage deposit is not collected upfront. A booking made through Airbnb goes through a different process. We are required to request reimbursement for damages with submitted evidence from the guest directly through Airbnb. The guest has 48 hours to respond. If they reject the request it can be escalated through Airbnb's claim center where it is assessed and determined by Airbnb. Airbnb decides if they will partially or fully fulfill the request or deny it completely. There is no further recourse for compensation in the event it is denied.

Damages/deficiencies exceeding the collected damage deposit amount would require a claim through the Owner's rental insurance at the Owner's discretion.

For homeowners insurance options, we suggest contacting one of the following companies to see which may suit your needs best:

SQUARE ONE or DUUO

 

**Limitation of Liability**

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 of 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:

 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.  Damage within the set deposit will be facilitated by Elite Vacation Homes Inc. 

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; garages; household; appliance; or electronic repairs required from general use would fall under maintenance costs covered by the Owner.

 

ELITE VACATION HOMES INC. RESPONSIBILITIES

Elite Vacation Homes Inc. is responsible for the following...

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 Home 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 manuals for accuracy by requesting information from the homeowner when necessary. The Owner is also responsible for informing 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/inspections 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 satisfactorily. Any remedial cleaning or damages will be charged to the applicable party responsible (see section 

Maintenance Coordination:

Required maintenance and repairs will be reported to us by our cleaning teams and Elite can assist in coordinating the repair or replacement required by our sub-contracted concierge service, or our sub-contracted repair contacts on your behalf (unless otherwise specified). The associated expenses will be billed directly to the homeowner.

 

OWNERS RESPONSIBILITIES

 The Owner is responsible for the following...

Documents & Municipal Licensing:

The Owner shall supply a copy of their Homeowner's insurance and, if applicable, a copy of their vacation rental license.

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, in perfect working order for guest use and enjoyment, all aspects of the property, in a clean, habitable, and safe condition suitable for its intended purpose, including all appliances, electrical, plumbing, exterior, and outdoor areas.

Elite will contact you should any issue arise that may affect the peace and enjoyment of the home for guests and will assist in the facilitation and coordination of any required interior maintenance or repairs (All exterior-related maintenance and repairs are to be coordinated, facilitated, and maintained by the homeowner).

Repair and replacement coordination and service charges will be forwarded to be paid directly by the homeowner.

Examples of exterior maintenance responsibilities:

Gardening/Landscaping
Window Washing
Hot Tub Maintenance
Pool Maintenance
Deck Cleaning
Irrigation System Maintenance
Gutter Cleaning/Power Washing

Property Supplies:

The Owner shall supply all basic small appliances, cook and dishware essentials, linens, and cleaning supplies as outlined in our set-up requirements (link provided on required household supplies section below) and replaced at the first signs of wear and tear at the homeowner's expense, or charged to the guest if deemed as 'damage' (See 9 .a).

Overstock of linens that require additional laundering or inefficient laundry machines that require off-site laundering will be at the homeowner's expense.

Supplies will be replenished by our subcontracted cleaners and expensed to the homeowner.

Photos and Virtual Tour:

Once an initial inspection has been completed by Elite Vacation Homes Inc. our photographer will contact you to arrange your photo/video shoot.

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 the ongoing upkeep and maintenance of the home.

Owner-Occupied/Owner Bookings and Check-Out Cleans:

In the event the property Owner wishes to occupy the property with family or friends, it is imperative to inform us immediately to ensure these dates are blocked off. Our cleaning team will be automatically scheduled for the check-out at the advertised check-out time to comply with our cleaning standards and procedures. The base cost for these cleans will be billed to the homeowner directly.

Disturbance or Service Access Notification:

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, that 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, that a stay does not fall over a collection day and garbage needs 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:

A $149/ renewal fee will be charged annually to the homeowner to maintain their listing.

 

Smart Lock or Lock Box

We require that all properties be outfitted with a smart lock or lockbox. Owners may purchase a smart lock system or lockbox system of their choice. Owners must provide Elite with a guest, cleaner and office code for smart locks and a single code for lock boxes. The owner will be responsible for making updates to and informing Elite of any desired password changes.

(Condo units may be exempt from this requirement in the event there is a strata restriction).

 

ELITE SEAL OF APPROVAL

An Elite Vacation Homes Inc. representative 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

 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 before the 1st year agreement term as well as for termination, with written notice, before 90 days, after the 1st year agreement term.

A $149 re-listing/activation fee will be applicable for any requested calendar blocks/temporary deactivations over 6 months.

The Owner's 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 a municipal breach and/or termination of this contract, the Owner agrees:

To pay any outstanding expenses, penalties or balances owed.

To honour all bookings of the property made under 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.
 

Photography/videography ownership and rights

The copyright and ownership rights are the exclusive property of the photographer.  (Some exceptions may apply)

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