Vacation Rental Agreement

This Vacation Rental Agreement (hereafter referred to as the “Agreement”) is entered into by you as the Guest (“you” and “Guest” are hereafter referred to as the “Guest”) and Victoria Prime Services Inc. (hereafter referred to as “Victoria Prime”) which is the duly appointed representative of the Owner of the rented Premises (hereafter referred to as the “Subject Property”).

A completed Agreement is required to be on file before you will be allowed to check into the Subject Property. Please review and sign this Agreement where indicated.

Acceptance of Terms and Conditions: You shall accept all terms and conditions of this Agreement and all liability for the full reservation rent and charges related to the rental of the Subject Property. It should be noted that the Agreement is an agreement between you as the Guest and Victoria Prime. The Agreement is not governed by the Residential Tenancy Act of BC and the Rental of the Subject Property cannot be considered as a Tenancy or Lease. In this Agreement, you are therefore referred to as a Guest and not as a Tenant.

You shall also accept that you will be responsible for any damage beyond normal wear and tear during your stay. All clauses in the Agreement are strictly enforced. It is the responsibility of all Guests and members of the Guests’ party to be familiar with all Clauses in the Agreement.

Period of Rental: The Period of Rental (hereafter referred to the “Rental Period”) begins on the reservation Check-in Date and ends on the reservation Check-out Date.

Rental Rates and Charges: Airbnb deals with the rental rates and charges applicable to renting the Subject Property.

Payments: All Payments are made through Airbnb.

Changes in Rental Rates: Posted rates are subject to change without notice, but rates will not change after a reservation has been made.

Check-In: Guests receive the check-in information 7 days before the check-in date via email and SMS to the contact details provided during reservation. Check-in is typically through Self-Check-in, where Guests retrieve the keys from a designated collection point as outlined in the provided details. While most properties offer Self-Check-in, some may require a Host-led Check-in.

For Self-Check-in, the check-in time starts at 4 pm P.S.T with no limitation on the end time of the check-in. The check-in window for a Host-led Check-in is from 4 pm to 8 pm P.S.T. If there is a delay in your arrival for a Host-led Check-in, leading to extended waiting time for the Victoria Prime representative, a fee of $35 per hour will be applied. A late check-in fee of $50.00 is applicable for Host-led Check-ins after 8 pm P.S.T.

Occasionally, requests for early check-in can be accommodated; however, this cannot always be guaranteed. The check-out is before 11 am P.S.T.

Online Guest Book: In the check-in information Email and SMS text message, you will receive a link to the Online Guest Book which will provide you, as the Guest, detailed information on check-in, WIFI information and house rules of the Subject Property, favourite restaurants, grocery stores, pharmacies, things to do and activities in the area.

Cancellations: Airbnb enforces a cancellation policy to protect both host and Guest. Guests may cancel and review any penalties by viewing their travel plans and then clicking Cancel on the appropriate Airbnb reservation.

Refunds: Airbnb policy applies. Trip insurance is recommended.

Security Deposit: Airbnb collects a Security Deposit that is held for a period after your departure and to cover for, but not limited to, damages, missing items, to change locks and replace all keys if any are lost, accrued charges during your stay, excessive cleaning upon departure and utility overcharges.

The Subject Property will be assessed after check-out for any damages other than the damages on record prior to check-in. Should any claim be required to be made, then this will be dealt with through the Airbnb Resolution Centre.

You shall be liable for all damages made to the Subject Property caused by you or your invitees during your stay excluding “Wear and Tear” and “General Maintenance”, and including those which exceed the Security Deposit.

You are requested to report any damages/deficiencies within the first 4 hours of your stay after check-in Damages/deficiencies not reported within the first 4 hours of your stay and that may be discovered by our quality control team upon check-out cannot be determined as damages/deficiencies existing prior to your arrival and may be subject to incurred charges. Damages/deficiencies do not include Wear and Tear.

Wear and Tear refers to worn items deemed to be a result of normal use over time such as towels or linens; chipped dishes, dirty carpets, scuffed flooring etc.

General Maintenance refers to window and deck cleaning, yard maintenance; overall household maintenance, appliance, or electronic repairs required as a result of general and normal use over time.

Damage claims could include, but not limited to damages to floors, walls or furniture or done by reason of water being left running from the taps in the Subject Property or from gas permitted to escape therein. A portion of the damage deposit may go towards a deductible where an insurance claim is being made as a result of extraordinary damages that may require a claim through the homeowner's rental insurance at the homeowner's discretion.

Cleaning Fee: Each reservation includes an exit cleaning fee. Daily housekeeping is not provided and it is the responsibility of the Guest to maintain the cleanliness of the home during the Rental Period. You are however welcome to contact Victoria Prime to arrange for interim cleans at a cost to you.

Upon your departure at check-out, you shall properly discard all recyclable, compostable and garbage materials as per provided municipal schedules and guidelines as well as all personal items. While the home will be cleaned after your departure, you are required to leave the home in a comparable condition of cleanliness as it was found. Failure to do so will result in an additional cleaning fee charged to you as the Guest.

The cleaning fees paid refer to one standard move-out clean. Any extra cleaning or excess garbage removal charges incurred as a result of your stay will be dealt with through the Airbnb Resolution Centre.

Hydro Usage Cap: In order to ensure responsible usage of utilities, all properties have a Hydro Usage Cap which is based on size of the Subject Property. Hydro Usage Cap only apply to monthly rentals (30 nights and longer). Overages will be factored into your refundable security deposit. The allowances provide the expectation that hydro does not exceed $75/month (one bedrooms), $100/month (two bedrooms), $150/month (townhomes) or $250/month (houses).

Lock Out Charges: $100 fee will be charged if a member of the Victoria Prime team must rescue you or a member of your party due to lost or mismanaged keys and fobs or for any other reason that prevents you or a member of your party to enter or re-enter the Subject Property without the assistance of Victoria Prime. This does not include the cost for the replacement of keys and fobs or any other cost incurred to provide entry to the Subject Property.

Travel/Health Insurance: You are responsible for your own travel/health insurance. Neither Victoria Prime nor the Owner of the Subject Property shall be held responsible in any way for accidental injury, death or damage/loss to your personal effects.

Non-Smoking: All properties are non-smoking. City/Strata bylaws dictate that there is no smoking of any kind inside, outside, on balconies or even within 7 metres (23 feet) of all buildings. Fines are enforced and will be $250 for each instance.

Lost or Stolen Property: Victoria Prime will not be held responsible for lost or stolen personal property, money or jewelry from the Subject Property regardless of whether such loss occurs when the Subject Property is locked against entry or not.

When you, as the Guest, find items in the Subject Property that are deemed to be lost property, left by previous Guests, it is your responsibility to turn over the lost item(s) to Victoria Prime so that Victoria Prime will be able to find the rightful owner of the lost property. Failing to handing over the items to Victoria Prime shall be subject to legal action.

Victoria Prime shall make every effort to return the lost item(s) to its rightful owners. Victoria Prime shall charge the Guest a fee of $50 (plus the mailing cost) for the return of lost items.

Pets Policy: Victoria Prime apply the No Pets rule whereby no pets are accepted in any of the properties managed by Victoria Prime.

Bicycle Storage: Every building has a different bicycle storage policy and therefore in general there are no guarantees that spots will be available for bicycle parking.

In addition, every building has a strict zero tolerance for bicycles in the lobbies or elevators and fines will be issued for such. Please check with Victoria Prime upon time of booking whether the unit to be booked has a place to store bicycles. Victoria Prime recommend renting bicycles as many of the bicycle rental companies also offer bicycle storage during the Rental Period.

Mail Box: The Guest is prohibited from designating the Subject Property as their main residence, including using its address for official purposes like CRA, driver's license, Health Card, banking, etc. You may, with the owner's permission, use the designated mailbox at the property to receive mail during your stay. However, the property's address can only serve as a mail forwarding address for mail redirected from your primary residence.

Kindly inquire about mailbox availability. Please note that access to the mailbox (with a mailbox key provided, if applicable) is granted only after presenting a copy of the payment receipt for Canada Post Mail Forwarding service to Victoria Prime. This service is facilitated by Canada Post for individuals relocating temporarily to a new address. The receipt should specify an end date, which is set as two weeks (14 days) before the scheduled Check-out Date of the reservation.

Parking: Parking is limited to one (1) vehicle for each accommodation rented and parking is included in the rent unless specified differently in the description of the Subject Property. The townhouses and houses have parking on the property and/or on the street. Any illegally parked cars are subject to towing; applicable fines/towing fees are the sole responsibility of the vehicle owner.

Garage Height: It is your responsibility to ensure that the dimensions of your vehicle shall meet the garage clearance of the building where the Subject Property is located. Victoria Prime cannot be held responsible in the case that the vehicle cannot be parked in the allocated parking spot of the Subject Property due to its dimensions.

Maximum Occupancy: The maximum number of Guests varies by property and is detailed in the reservation.

Minimum Age: Minimum age for renters is 25.

Minimum Night Stays: Starting from 1 May 2024, Menzies Manor is the only property permitting a three-night minimum stay. The rest of our properties adhere to either a 30-night minimum stay mandated by Municipal or City of Victoria bylaws, or a 90-night minimum stay as per Provincial legislation. In January, February, and March, bookings are typically restricted to full month stays. Occasionally, we might inquire about adjusting your dates slightly, as any gaps of less than 30 or 90 nights are challenging to book.

Noise and Disturbances: It is expected that Guests will behave in a civilized manner and will be good neighbours, respecting the rights of surrounding property owners and Guests, being thoughtful not to disturb, annoy, endanger, and/or interfere with the enjoyment of others. If excessive noise or disturbances occur resulting in notification by police or neighbours, Guests will be asked to vacate the Subject Property and will forfeit the reservation and any monies paid. For your enjoyment and the enjoyment of others, you are expected to respect quiet times between 9 PM and 8 AM.

Alterations: Each property is furnished with the owner's unique tastes in mind. You shall not make or permit to be made any alteration or addition to the Subject Property. This includes adjustments and movement of furniture, the addition of your own pieces of furniture as well as hanging items such as paintings on walls.

Strata By-Laws: All Guests are required to abide by the Strata By Laws of which a copy can be found in the Online Guest Book.

Maintenance: In the event of equipment malfunction during your stay, Victoria Prime Services will expedite repairs as quickly as possible. You shall give Victoria Prime prompt notice of any accident or other defect to the Subject Property, including water pipes, gas pipes or heating apparatus, telephone, electric light or other wires. This is to ensure the safety and the enjoyable stay at the Subject Property. You are requested to call the assigned Victoria Prime Representative as soon as a problem is noticed.

If the problem is just a loss of manageable items such as a toaster, cable outage, issues with dishwasher, washer or dryer, the shutdown of one bathroom while there is still another, garage door failing to open, and similar events, then Victoria Prime will work as quickly as possible to repair / attend to the issue but these issues will not be considered a major loss.

Use of Subject Property: The Guest shall use the Subject Property as vacation or travel accommodation and for no other purpose. No business shall be conducted where people will be coming to and going from the property. In addition, the Guest is not permitted to make the Subject Property their principal residence with the address of the Subject Property used as their residential address in any way for purposes of and not limited to CRA, driver’s license, Health Card, banking etc. The address of the Subject Property can only be used as the mail forwarding address of the guest as outlined in the clause “Use of Mail Box”. In light of this, the use of the Subject Property is therefore defined as temporary as opposed to permanent in nature.

The Guest will not do or permit anything to be done on the Subject Property which may contravene any municipal, provincial or federal statute or which Victoria Prime may deem to be a nuisance on the Subject Property. In addition, the Guest shall not assign or sublet or part with possession of the Subject Property or any part thereof.

Entry of Subject Property: The Guest agrees, after prior consultation by Victoria Prime, to allow Victoria Prime management, representative, vendors, and contractors/subcontractors to access the Subject Property to make inspections, repairs, improvements, clean, care for, or manage the Subject Property. Victoria Prime will however make every effort to avoid/limit interruptions during your stay.

Over-Holding by Guest: If the Guest remains in occupation of the Subject Property after the expiration of the Rental Period without a written agreement to the contrary, he or she shall not be deemed to be a Guest and shall be subject to legal action. If the Guest does not vacate the Subject Property after the contract date, the Guest shall, in addition to any liability hereunder, indemnify the Owner for all losses suffered by reason of his or her failure to vacate.

Joint and Several: Each of the Guest’s covenants with Victoria Prime that all covenants, undertakings and agreements in respect of the rental of the Subject Property shall be construed as both joint and several with respect to each Guest.

Validity of Insurance Policy: The Guest covenants with Victoria Prime not to permit or cause anything whereby any policy of insurance on the Subject Property may become void or voidable or whereby the rate of premium thereof may be increased.

Vacating Early or Arriving Late: The Guest agrees that Victoria Prime is unable to offer a rental adjustment if the Guest does not occupy the Subject Property for the full Rental Period.

Accidents Happen: If a spill occurs, it should be soaked up with paper towels and the Guest Representative immediately contacted. The Guest Representative will inform you how to take care of the spill.

Most stains can be prevented if treated immediately and properly. In case of a baby or small child wetting the bed, please bring along waterproof pads to prevent stains on the bedding. In case of an accident in the beds, the linens to be soaked in cold water immediately. Towels or linens that have been stained should not be washed or dried. Instead, Victoria Prime or its representative should be informed immediately.

In case of washing sheets and towels, Do Not mix light and dark colours together or over fill the machines in an effort to get a lot of laundry done. Do Not wash comforters, duvets, pillow shams or other items of the same type. Victoria Prime are to be contacted in case of any questions.

Every effort is made to keep the carpet in good clean condition for all of Guests and owners. The Guest will be responsible for any excessive soiling of the carpets and substantial stains created during the Rental Period. Guests are requested to remove shoes and clean up after any spills to avoid carpet cleaning charges.

As a courtesy, if something gets broken during the stay, i.e., a glass or plate or anything, you are kindly asked to let the Victoria Prime Representative know at check out.

Compost/Recycling/Trash: The City of Victoria as well as the respective municipalities have explicit rules regarding how waste is to be processed. Please be sure and note the rules and regulations that are provided in the Online Guest Book. If the city issues a fine for failure to comply, it will be charged to your credit card or your security deposit and the proper paperwork will be provided.

What is Provided/Amenities: All linens, fully equipped kitchen with pots, pans, utensils, flatware and glassware you will require to prepare and serve a meal. Toasters/toaster ovens, coffee makers, kettles, and blenders are all normal stock items. If you would request a reasonable item not available in the Subject Property, then Victoria Prime will be happy to supply. Cable TV and telephone with free local calls and fast WIFI are provided for most properties including Netflix. Netflix can however be accessed with your own account information only. A few properties do not have landline phones. All properties offer washer/dryers (either in-suite or central facility in the building), microwave and dishwashers. The rental properties are individually owned and each reflects the owner’s personal taste. Furnishings and amenities may be changed either by the owner or Victoria Prime without notification.

A Start Up Basic Supply: For your convenience, Victoria Prime provide a start-up of basic supplies at your arrival, until you have time to go to the market to purchase any additional things you may need. The basic supply includes toilet paper, hand soaps, shampoo, body wash, basic cleaning products, a limited supply of garbage and compost bags, kitchen scrubber, salt and pepper. You are responsible for replenishing your own additional products during your stay. Some of the vacation homes acquire seasonings, teas and other items that have been left behind by previous Guests but this is not guaranteed. Guests are asked to bring with special items they enjoy cooking with.

Falsified Reservation: Any reservation obtained under false pretence, including false ages or number in party will be subject to forfeiture of advance payment, deposit and/or rental money, and the party may not be permitted to check in or may be evicted.

Termination: Guests agree that any violation of the Agreement will be grounds for immediate eviction, forfeiture of all rental fees and assessment of additional fees.

Customer Satisfaction: It is the goal of Victoria Prime to provide each of the Guests with a wonderful stay in Victoria. Victoria Prime therefore want you to feel completely satisfied with the Subject Property. If at any point during your stay, something is needed or you feel that Victoria Prime have not met your needs, then you should feel free to contact Victoria Prime immediately.

Indemnification: The Guest agrees to indemnify and save harmless the Owner of the Subject Property, Victoria Prime and all of its employees, contractors, suppliers and representatives from any and all liabilities and any and all loss or damage whatsoever arising, related to or in connection with the rental of the Subject Property, including but not limited to any loss of income or damage claim from the Guest, and any claim or liability for personal injury or damage or loss of property which is made, incurred or sustained by the Guest or Guests of the Guest. By accepting this reservation, it is agreed that all Guests are expressly assuming the risk of any harm arising from their use of the Subject Property or others whom they invite to use the Subject Property.

General Provisions: This Agreement contains the entire and only agreement and understanding between the two parties and may not be altered and modified except in writing signed by Victoria Prime and the Guest in the same manner as the original.

The Guest may not assign this Agreement or any of the rights granted to him by this Agreement to any other person without the prior written consent of Victoria Prime.

In the event of any dispute arising between the parties, the law of British Columbia shall apply and the Courts of British Columbia shall have exclusive jurisdiction in the event that legal action is taken by either party against the other.

In this Agreement any reference to the singular includes the plural and any reference to the masculine gender includes the female gender.

By signing here below, the Guest understands that the Subject Property is a vacation rental and that the BC Residential Tenancy Act does not apply to this Agreement. Furthermore, the Guest agrees to all the terms and conditions in this Agreement.