Contract House Rules
Contract House Rules signed in your Rental Agreement
1. OUR DEFINITIONS
Business Day is 9.00h AM to 5.00h PM – PST Pacific Time – on a workday (not being a Saturday, Sunday or public holiday) when clearing banks are open for the transaction of general banking business
Owner is Orion Consultings Limited – abbreviated with Orion – the company which has been incorporated from 13th Day of October 1981 under the Company Act Number 243822 of Province British Columbia, Ministry of Commerce and Corporate Afffairs. And the City of Penticton approved the rental of villa Orion with the business license, number 14610
Contract is Customer’s signature for point 1 – 21 for the Rental House Rules of the Property
Customer is the person, firm or company who becomes a customer of the Owner through renting the Property and you shall be instructed accordingly
Customer Leader is the leader among the booking party, who has the authority to accept and does accept these Contract House Rules on behalf of each member of the booking party
Concierge is the Reservation Manager (back office) and Local Concierge (front office)
Property is Villa Orion, 245 Lower Bench Road, V2A 1B2 Penticton (BC)
Rent Commencement Date is the date the Rental Period commences
Rental Period is the total number of nights a Customer agrees to book Villa Orion
Rental Price means the price paid by the Customer for renting the Property for the Rental Period
GST is your value added tax chargeable under Canadian law for the time being
Refundable Security Payment is Customer’s 25% payment over total Rental Price as a risk insurance for the Owner.
Above standard terms and conditions govern the Contract at all times. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
2. RENTAL AGREEMENT AND INVOICE
For booking the Property the Reservation Manager will mail the Customer Leader:
2.1. The Rental Agreement to fill in Personal Information, Rent Commencement Date, Arriving Time, Rental Period, Departing Time, Purpose renting Property and Names/Ages of All Occupants
2.2. The Invoice to confirm the total Rental Price, GST, Refundable Security Payment, Time Plan Payments and Payment Transfers.
2.3. The Customer Leader mails the Rental Agreement back to the Reservation Manager with her/his signature under point 21, that (s)he is agreeing on all points (1 – 21) in this Contract.
3. BOOKING RENTAL STAY
3.1. Customer must be over 21 years old to make the booking. Owner reserves the right to refuse bookings at his sole discretion.
3.2. Reservation Manager guarantees the Customer Leader has the authority to accept and does accept this Contract of House Rules on behalf of each member of the booking party. Each member of the booking party has joint liabilities in respect to the Contract.
3.3. Once Customer confirms the Rental Period and Rental Price you wish to book in writing, the Reservation Manager will make final availability enquiries. Reservation Manager will then confirm the booking by mailing Customer the Rental Agreement and Invoice.
3.4. The Contract is alive once the Customer mailed back the signed Rental Agreement and deposited the first payment on Owner’s bank account within two weeks. Until the Contract is not signed and not 30% paid we shall be under no liability to you whatsoever.
3.5. Customer checks the Invoice immediately upon receipt and contact Reservation Manager within 7 days of receipt if any information is incorrect. If booking is made less than 7 days prior to the Rent Commencement Date, Customer must contact Reservation Manager within 24 hours of receipt of the invoice, and in any event before the Rent Commencement Date, if any information is incorrect.
3.6. Property availability, Conditions and Rental Price are subject to change prior to the Owner till the Contract is signed and the first 30% of the Rental Price is paid.
3.7. Reservation Manager must be notified of any special requests in writing/mailing at the time of making the booking. All special requests are subject to availability and will not be part of our contractual obligations unless specified in the Rental Agreement.
4. PAYING FOR RENTAL STAY
4.1. Customer must pay 30% of the Rental Price to the Owner within fourteen (14) Business Days of receipt of the Invoice to confirm booking. Once this deposit is paid Customer will be bound by the twenty one (21) points of the House Rules and the Property will be reserved for you. The remaining 70% must be paid to the Owner (cleared funds) at least sixty (60) days before the Rent Commencement Date. If Customer book within 30 days of the Rent Commencement Date this will constitute a late booking and Owner must receive full payment of the Rental Price (cleared funds) within five (5) Business Days of receipt of the Invoice, and in any event prior to the Rent Commencement Date, to guarantee the Property is reserved for you. Once this payment is made Customer is bound by this Contract of House Rules.
4.2. The Refundable 25% Security Deposit, as shown in the Invoice, must be paid fourteen (14) days before your arrival to the Owner (cleared funds) before the Rent Commencement Date otherwise we may refuse access to the Property. This Deposit is calculated as 25% over total Rental Price plus GST. This Deposit is a risk insurance for the Owner to cover charges, including but not limited to, loss, breakage, unpaid local charges, excessive cleaning, sub renting and additional maintenance.
4.3. Owner reserves the right to retain the full Security Deposit until Local Concierge confirms there is no damage to the Property.
4.4. Customer’s Refundable Payment is a Deposit paid back by Owner within 7 days of the end of the Rental Period, subject to any deductions.
4.5. Owner is paying back the Deposit 100% providing that all House Rules are abided by and no extra cleaning is necessary and nothing is missing from the inventory list, which Occupant will receive from Local Concierge directly at arrival. And the Property should be left in the same condition as it was found upon checking-in.
4.6. Owner reserves the right to deduct charges from this Deposit for the use of the telephone (direct on internet) and other charges like in point 4.2. Should Deposit prove inadequate to fully cover any costs that may arise, Owner reserves the right to invoice Customer for the balance within 30 days of the end of the Rental Period, or at such other time to allow the total cost to be determined.
4.7. Owner accepts the following methods of payment, proposed in the Invoice:
4.7.1. Bank transfers with (Canadian) INTERAC Banking or PayPal (will incur a 5% credit card fee).
4.7.2. Guaranteed cheques (please allow 5 Business Days to clear); take care for bouncing!
4.8. If Customer fails to pay the amounts specified in point 4.1. and 4.2. by the due date Owner reserves the right to treat booking as cancelled and Customer will be liable for the cancellation charges set out in point 6.
5. AMENDING BOOKING BY CUSTOMER
5.1. If, after your booking is confirmed, Customer wishes to amend booking (i.e. the chosen date of departure or the Rental Period), Reservation Manager will try to accommodate these changes, but it may not always be possible. Point 6 (excluding 6.1.) shall apply to any cancellation of your booking for the Property.
5.2. Any request for changes in booking must be made to Reservation Manager in the mail from the Customer Leader and will only be incorporated into the Contract if confirmed by the Reservation manager in mailing.
5.3. If Customer withdraws from the Rental Period – only after the validation of the Reservation Manager – a new Customer may take your place in the booking and this new Customer will be deemed to have been a party to the Contract from its commencement date.
5.4. If Customer vacates the Property before the end of the Rental Period you must let our Local Concierge know. Owner will not provide a refund for the remaining duration of the Rental Period.
6. CANCELLATION BOOKING BY CUSTOMER
6.1. Customer is deemed to have cancelled booking:
6.1.1. If you fail to pay the amounts specified in the Time Plan for your deposits (point 2.4., 2.5., 4.1. and 4.2.). Owner reserves the right to treat your booking as cancelled by you and you will be liable for the cancellation charges set out in this point 6.
6.1.2. If you provide the Reservation Manager written confirmation of cancellation (such cancellation to be effective when the mail confirmation is received by us); or
6.1.3. If in the opinion of Owner or the opinion of Local Concierge, you are, or appear to be, behaving in such a way as to cause, or likely to cause, danger, distress or annoyance to any individual, or damage to the Property, Owner may terminate the Contract and you will be required to vacate the Property immediately. Owner will have no further liability to you.
6.2. Where condition 6.1. applies, Owner will allocate the Property to another booking with the same Rent Commencement Date and for the same Rental Period. However, we may only be able to allocate the Property to another booking for part of the Rental Period. The relevant cancellation fee shown in condition 6.3. is then payable by you (pro-rata in the event of an allocation for only part of the Rental Period). If Owner is unable to allocate the Property to another booking, Customer will be liable for the total Rental Price.
6.3. Cancellation Fees are based on the total Rental Price, are calculated from the Rent Commencement Date and are as follows:
6.3.1. More than 45 days prior – 20%;
6.3.2. Between 30 days and 45 days (inclusive) prior – 30%;
6.3.3. Between 15 days and 29 days (inclusive) prior – 50%; and
6.3.4. Less than 14 days prior – 100%.
If Cancellation Fee has not been settled in full (cleared funds) by the Rent Commencement Date Owner reserves the right to charge interest at 3% above the base rate of [ ] Bank accruing daily and being compounded monthly until such debts have been settled in full. Owner reserves the right to reduce the Cancellation Fee at our sole discretion.
7. CANCELLATION BOOKING BY OWNER
7.1. In the unlikely event Owner needs to cancel your booking (for reasons beyond our reasonable control) our Reservation Manager will mail you as soon as is reasonably practicable. We will refund all monies paid by you immediately.
8. COMMUNICATION BETWEEN CONCIERGE AND CUSTOMER
8.1. Orientation & information requests: within 24 hours is Reservation Manager responding the Customer.
8.2. Reflection & decision making: within 24 hours is Reservation Manager advising the Customer.
8.3. Finalizing reservation: Reservation Manager is mailing Rental Agreement and Invoice to the Customer.
8.4. First 50% Rental Price payment: the Customer must pay 50% of the Rental Price to the Owner within ten (10) Business Days of receipt of the Invoice to confirm the booking.
8.5. Second 50% Rental Price payment: the Customer must have paid to the Owner (cleared funds) at least sixty (60) Business Days before the Rent Commencement Date.
8.6. Refundable 25% Security Deposit: the Customer must have paid fourteen (14) days before the Rent Commencement Date to the Owner (cleared funds).
8.7. Relevant Information for your arrival/stay in the Property (Local Concierge, cell phone, driving directions, main gate entry code, check-in, etc.) will be mailed one (1) week before your arrival by the Reservation Manager.
8.8. At your arrival at the Property the Local Concierge will welcome you at the front door. And explain the utilities, Property House Rules and Property’s inventory list.
8.9. During your stay in the Property the Local Concierge is at your service for your personal and additional wishes.
8.10. At the check-out & inventory control the Local Concierge will strictly inspect and control the Property.
8.11. The Customer is asked to share rental experiences in the Guest Book and in social media. The Reservation Manager will mail you a review questionnaire one (1) day after your departure.
8.12. Within a week after departure the Reservation Manager will refund the Security Deposit to the Customer providing that all House Rules are abided by and the Property is left in the same condition as it was found upon checking-in.
9. PROPERTY DESCRIPTIONS
9.1. Owner ensures that information provided of the Property is accurately advertised. However, small differences between the actual Property and its description may occur. Owner shall not be held liable for any differences of opinion as to the condition or quality of the Property.
9.2. Occasionally, due to problems outside our control, some services or facilities may become unavailable at the Property. If this is the case, the Concierge will notify Customer as soon as is reasonably practicable after the Concierge has been informed. Such notification shall not constitute a cancellation in accordance with point 7 of the House Rules.
10. OCCUPATION OF THE PROPERTY
10.1. It is Customer’s responsibility to inform Reservation Manager of your arrival details. Owner is not liable for any additional costs or any disappointment you may incur if you fail to give us the correct arrival details.
10.2. Unless otherwise agreed in writing, the Property will be available from 16.00 pm on the Rent Commencement Date. At certain times of the year Owner may be able to accommodate earlier check-in times, please inquire Reservation Manager. Customer must vacate the Property no later than 10.00 am on the last day of the Rental Period so the Property cleaners can enter to prepare the Property for the next Customers.
10.3. Although Reservation Manager makes every effort to accommodate late arrivals on prior request in mailing, arrivals after 21.00 pm on the Rent Commencement Date (or 21.00 pm on a later date if Customer does not arrive on the Rent Commencement Date), including delays due to delayed or cancelled flights or ferries, may be subject to a late check-in fee, which will be deducted from your Security Deposit.
10.4. It is Occupant’s responsibility to check directly upon arrival whether the Property’s inventory is accurate. Occupant will be liable for any discrepancies found at check-out.
10.5. Unless otherwise agreed in the signed Contract no kids below 12 year, no pets, no drugs and no smoking are allowed in the Property. Any violation will result in the forfeiting of your Security Deposit.
10.6. Walking with high heels/stiletto heels is not allowed as this causes damage to the wooden floors.
10.7. All keys and other devices for the Property or its contents are Occupants’ responsibility during Rental Period. Owner reserves the right to charge you to replace such items and/or to have the locks changed at the Property in the event that they are not all left with Local Concierge on departure.
10.8. Local Concierge may require access to the Property during the Rental Period for any necessary repairs or maintenance or housekeeping. Local Concierge will give you at least 24 hours’ notice, except in an emergency.
10.9. Owner accepts no liability for the intermittent failure of public utility supplies, sewage systems, plumbing, mechanical equipment or telephone systems or internet connections in the Property, but Local Concierge shall use all reasonable endeavors to arrange their repair. Owner also accepts no liability for any loss of enjoyment suffered as a consequence of any local engineering and/or construction works near the Property.
10.10. This Property is for the registered Occupants only, described in Rental Agreement.
10.11. Social gatherings and house parties are strictly prohibited as per local noise bylaws.
10.12. Wedding Ceremonies, Receptions, Diners and Parties are strictly prohibited as per local noise bylaws.
10.13. All information contained in our welcome pack is intended to be a guide only and is not incorporated into the Contract.
10.14. Owner will not be responsible for personal items left behind, lost or stolen.
10.15. Please wash all dishes and put them away as found.
10.16. All beds to be left unmade with soiled towels to be left in bathtubs/showers.
10.17. Please no wet laundry to be left in the washing machines.
10.18. Please make sure all windows and doors are closed and locked upon departing.
10.19. Please place all household garbage and recycling in appropriate containers in the garage.
10.20. Please do not remove linens, bathrobes or (beach) towels from the Property.
10.21. No daily maid service is included, but can be requested.
10.22. A telephone is available for local calls only. For the long distance please skype. Ask advice from Local Concierge. Subject charges will apply.
10.23. This Property utilizes a septic system and therefore Owner respectfully requests no flushing of any personal or feminine items in the toilets. Please use toilet paper only.
11. ADDITIONAL SERVICES
11.1. When Occupants are staying one (1) week, extra cleaning service will be for free in the midweek. Local Concierge will ask which date is convenient. For a stay of one week or less the end cleaning is free of charge.
11.2. Free of charge for the Occupants are Soap the Marseille, Distilled water (public water contains an unhealthy percentage of chlorine), Wood for the fireplace, Gas for barbeque, Beach chairs & towels, Good coffee maker, Top level women’s cosmetics in bathrooms, Bathrobes from Laura Ashley.
11.3. Local Concierge is taking care for your privacy, security and luxury. She is available night and day to assist you in any vacation need. This includes advising wine excursions, dining out, tee-times, babysitting, golf courses and tennis lessons. These extra services are provided by different companies/ persons and Owner does not accept liability for its services.
11.4. For following extra services mail Reservation Manager at least two weeks before your arrival: stocked pantry, maid service, chef cook, transfers, nanny etc. These extra services will be charged. These extra services are provided by different companies/ persons and Owner does not accept liability for its services.
11.5. Property’s mission – the route for mankind – is to leave the world a better place. Additional services are: collecting the water off the roof for irrigating gardens; collecting warm water from water solar on the roof; keeping house cool in summer & warm in winter with heavy metals shutters; flowing fireplace heat through wall pipes to heat living room; washing bathrobes and towels on the premises; recirculating air with fans in living room and becoming truly energy neutral in 2015 with photo solar panels.
12. OWNER’S LIABILITY TO OCCUPANTS
12.1. Subject to condition 12.7. we accept NO! responsibility for any death or personal injury caused by negligent acts and/or omissions of the Concierge whilst acting within the scope of, or in the course of, their employment in the provision of your travel arrangements. However, Owner is not responsible for any death or personal injury caused by negligent acts and/or omissions of the Concierge.
12.2. Owner does not accept liability for any unusual or unexpected circumstances beyond our control or which we could not have avoided even if we had used all possible care.
12.3. The Property has dangers such the clay cliffs, atrium glass walk around, patio, steep terrace steps, etc. As such the Property may not be suitable for the Customer. The Owner does not represent that the Property is totally child friendly and wheelchair accessible. The Customer accepts complete liability for any accidents caused by or arising out of your own negligence, misuse of the Property or failure to comply with local laws and regulations, including any caused due to alcohol and/or any drugs or medicine of any kind.
12.4. If the Occupant is injured whilst at the Property, you must report the incident to Local Concierge within 24 hours of its happening, consult a local doctor and consult your GP when you return home. If the Occupant makes a claim against the Owner in relation to any injury you must provide us with details of both the local doctor you consulted and your GP together with your written authority for us to obtain a written medical report from each of them.
12.5. The Owner does not act as an agent for any supplier of activities, facilities or excursions. Local Concierge may advise and/or connect you to a local agent. If the Occupant uses any local services your contract will be with the local supplier. Therefore the Owner will not be liable for any complaints, claims, loss or damages in relation such services.
12.6. The Owner does not accept any liability for any loss or damage to the Property or for any distress howsoever arising.
12.7. Owner’s total liability in connection with the performance or contemplated performance of the Contract shall be limited to the Rental Price.
13. CUSTOMER BEHAVIOUR
13.1. If in the opinion of Owner and/or Concierge, you are, or appear to be, behaving in such a way as to cause, or likely to cause, danger, distress or annoyance to any individual, or damage to the Property, we may terminate the Contract and the Occupants will be required to vacate the Property immediately. The Owner will have no further liability to the Occupants.
13.2. No parties or other functions, including commercial activities, may be held at the Property without the prior written consent of the Concierge.
13.3. The Property has a maximum number of six (=6) permitted guests and unless the Concierge otherwise agree in writing you may not allow more guests to stay than the permitted maximum. The Owner reserves the right to invoice you for any such additional persons staying at the Property.
13.4. The Owner does not allow parties made up of members under the age of 21 years to make a booking. The Customer must inform us at the time of booking whether your party falls within these categories. It is at the Owner’s sole discretion to accept such bookings.
13.5. The Occupant must not act in any manner or omit to do anything that, in our reasonable opinion or that of the Owner, might invalidate any insurance cover on the Property.
13.6. If the Occupant breaches any of points 13.2. to 13.4. (inclusive), or misrepresents the information given in relation to any of them, the Owner reserves the right to take the following action against you:
13.6.1. Denying you entry to the Property; and/or
13.6.2. Retaining full amount of your Security Deposit (should Security Deposit prove inadequate to fully cover any costs that arise, we reserve the right to invoice you for the balance within 30 days or at such other time to allow the total cost to be determined); and/or
13.6.3. Eviction from the Property.
13.7. If the Occupant is evicted from the Property in accordance with point 13.6.3. the Contract will be deemed cancelled by you and point 6.3.4. shall be deemed to apply and you will be liable to reimburse all of our related expenses. The Occupant will not be entitled to receive any refund.
14.1. The Occupant must provide own travel, medical, liability and any other insurances you require and all such policies must be in force for the entire Rental Period.
15.1. In the unlikely event that you have a complaint please promptly report it to the Local Concierge.
15.2. All formal complaints must be made to the Local Concierge as soon as possible and in any event before the end of the Rental Period. All such complaints must also be made in full in writing/mailing to us within 7 days of the end of the Rental Period. Any complaint received after the Rental Period will only be considered by the Owner at our sole discretion as it may prove difficult to investigate or rectify your complaint.
15.3. The Owner also requests you to fill in the Guest Book at the Property and the Customer Questionnaire, which will be mailed on the first day after your departure.
16. PASSPORTS, VISAS AND HEALTH REQUIREMENTS
16.1. It is Customer’s responsibility to ensure you have valid passport and visa (if applicable).
16.2. Reservation Manager is not obliged to assist you if you are refused to travel. Your passport and travel documents must be intact – you may not be able to travel if infrastructure is damaged or they have been tampered with.
16.3. Passport, health and visa requirements are subject to change and it is Customer’s responsibility to check the up-to-date position in good time before departure.
17. DATA PROTECTION POLICY
17.1. Customer acknowledges and agrees that your name, address and payment record may be submitted to a credit reference agency and personal data will be processed by and on behalf of us in connection with your travel arrangement.
18. FORCE MAJEURE
18.1. The Owner shall have no liability to the Customer if we are prevented from, or are delayed in performing, our obligations under the Contract or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party or agent), failure of a utility service or transport network, act of God, act of terrorism, war, riot, civil commotion, malicious damage, compliance with any law of governmental order, rule, regulation or direction, accident, breakdown of plant of machinery, fire, flood, storm or default of suppliers or subcontractors.
19. WAIVER AND SEVERANCE
19.1. A waiver of any of our respective rights is only effective if it is in writing. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise.
19.2. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
19.3. If a provision (or part provision) of the Contract is found by any court or other authority of competent jurisdiction to be illegal, invalid or unenforceable, the provision (or part provision) shall apply with the minimum modification necessary to make it legal, valid and enforceable, and the validity and enforceability of the other provisions (or part provisions) of the Contract shall not be affected.
20.1. Any notice or other communication given under the Contract by either party shall be in writing and shall be delivered either: personally; by e-mail; pre-paid first-class post; recorded delivery; or by commercial courier to the other party.
20.2. Any notice or other communication given under the Contract shall be deemed to have been duly received: if delivered personally, when left at the address for the other party; if sent by pre-paid first-class post or recorded delivery, at 10.00 am on the second Business Day after posting; or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.
20.3. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the Canadian laws. The parties irrevocably agree that the courts of Penticton and Canada BC shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter.
21. RELEASE OF LIABILITY AGREEMENT
The Owner of the Property, (herein referred to as the ‘Owner’)
And: (Occupant’s Information)
Residence Postal Code Country
I _____________________________________________ (Occupant’s Names), am aware and understand that, as Occupant of the Property (the Premise), neither the Owner nor it’s Concierge shall be liable for any loss or damage to the Occupants’ personal property, nor for personal injuries or other damage to the Occupant, members of the Occupants family (if any), his/her agents, guests, licensees or invitees and the Occupant shall indemnify and hold the Agent and expenses which arise out of or are attributable to Occupants’ care, custody, occupancy, control or maintenance of the premise. The Owner and/or the Concierge of the Property shall not be held liable for any damage, injuries, or weather related problems of any circumstances beyond their control occurring during or effecting Customer’s reservation or stay.
With your signature you agree on all points (1 – 21) of this Contract of House Rules.
(Occupant’s Signature) (Date)