Rental Agreement (agency)

Dear Guest:
Thank you for choosing our Vacation Home in your travels. Please contact us anytime with any questions. Since you have selected our property through one of our marketing agencies (Airbnb; Booking.com; TripAdvisor; HomeAway; VRBO.com; etc.), they desire to facilitate this rental according to their Rental Terms, which will also apply to this reservation. We have some additional rental terms below specific to our property rental that we need you to accept as well.
1) ACCEPTANCE: realTopia Vacation Rentals Ltd. (hereinafter “realTopia” or “we” or “us” or “our”) and the Renting Party (hereinafter “Guest(s)” or “you” or “your”) agree to the following terms and conditions of this agreement.
2) LOCATION OF ACCOMMODATION: Suite Name (required) ---Sunset Waterfront Resort 1405Terrace Hill Place 161BSole Downtown 605Playa del Sol 444Playa del Sol 470Playa del Sol 472Playa del Sol 473Other
3) CHECK-IN: You must let us know when you expect to arrive. You may check in between 4:00PM and 4:30PM on your arrival date unless you have made alternate arrangements with us. Please let us know as soon as possible if your arrival time changes. Note that we do not accept arrivals after 10PM on your Arrival Date, which will result in the forfeiture of the night's rent (please let us know immediately if this is a concern). Key code access is provided either prior to your arrival via email or upon arrival, depending on the accommodation that you have reserved. At check-in, you must notify us promptly if anything appears amiss at the accommodation. It is important that you review the Guest Book for your accommodation which contains important house rules, property details, operating instructions, emergency procedures, and an inventory of contents. DO NOT operate hot tubs, televisions, mechanical devices, or electronic devices until you have reviewed the respective instructions. Improper operation may impair performance or reception and result in a chargeable service call.
4) CHECK-OUT: You must vacate the accommodation, including parking and storage areas, before 10:00 AM on your check-out day unless prior written arrangements are made. This ensures that we have adequate time to prepare the accommodation for the next guest. If you desire a later check-out, please contact us in writing 48 hours before departure. We may be able to accommodate your request if the property is available. Late check-out up to 2 PM (if available) can also be guaranteed for a fee equal to 50% of the daily rent. Please select our online Virtual Check-Out option at www.kelownavacation.rentals before you check-out so that we can notify housekeeping.
5) TRASH REMOVAL, DISHES, AND LAUNDRY: Household garbage and recycling are to be deposited in the appropriate containment area on the property according to the local rules. Soiled dishes must be cleaned, but the final machine load may be left in the dishwasher or on the drying rack. Please start one load of used white towels in the washing machine (do not mix white towels with colours) and replace moved furniture and other items to their original location before you leave. Housekeeping will take care of bed linens and remaining towels.
6) PETS: Pets and animals of any kind are not permitted in the accommodation or anywhere on the property at any time. Fines of $200.00 will be assessed for each violation in addition to eviction and additional cleaning, professional flea and odour treatment, and repair costs. Additional fines may be assessed according to your agreement with the marketing agency.
7) AGE REQUIREMENT: This accommodation caters to families and mature adult groups only. With the exception of family members under the direct supervision of the Guest, the Renting Party must be 25 years of age or older. The Guest must present a valid driver's license with photo-identification upon arrival.
8) NOISE/PARTYING: Please observe the Home Owner's and Strata Corporation’s noise rules and party restrictions. There is zero tolerance for noise during the quiet period from 11 PM to 8 AM. The Guests shall refrain from using loud and abusive language and noise levels at all hours of the day. Outdoor activities are not permitted after 11 PM.
9) PROPERTY COMPLAINTS: If, on arrival, the Guest does not feel the Accommodation has been fairly and accurately represented, or if anything appear amiss or broken, please first contact realTopia at 250-899-0800 for assistance.
10) PAYMENT: Refer to your agreement with the marketing agency regarding payments.
10a) LATE DEPARTURE: Guest agrees there shall be no holding over or late departure without prior approval. Any unauthorized holding over by the Guest shall be subject to a charge of 150% of the daily prorated rent ("Holdover Rate"), plus any additional damages incurred including, but not limited to, the cost of alternative housing for other guests displaced by the Guest's holding over. Unapproved late check-outs will be charged 100% of the daily prorated rent.
10b) EXTRA CLEANING: If the condition of the accommodation or property following the rental term requires extra cleaning beyond such standard level, or if the Guest at any time requests additional cleaning services, the Guest shall be solely responsible for the cost of such cleaning, and the Guest hereby authorizes and directs realTopia to affirmatively charge or debit, as the case may be, such amounts from the Guest’s charge or debit account on file with realTopia.
10c) SMOKING: All Properties are smoke free. Smoking in the accommodation and/or on the property is not permitted. Fines of $200.00/night will be assessed for each smoking violation in addition to eviction and additional cleaning and deodorizing costs. If evidence of smoking is found, the Guest will be charged an additional cleaning fee of at least $500 to clean the carpets, upholstery, and drapery.
10d) OCCUPANCY: Occupancy may not exceed the number of people included in the Guest's reservation. 1) Your rent is calculated from the base rent for the number of occupants registered on your Confirmation Letter. If you wish to register more occupants than noted on your Confirmation Letter, please call us prior to checking in. The rate is $20.00 per night for each additional person (plus taxes) unless otherwise agreed in writing. Please note that we cannot exceed the maximum occupancy for the accommodation. 2) The maximum number of occupants for the accommodation is listed on the realTopia website. A charge of $100.00 per person per night (plus taxes) for unregistered occupants in excess of the base rent will be automatically assessed. Additionally, if the number of occupants exceeds the maximum occupancy for the accommodation, eviction of the Guest and occupants will result. 3) All visitors are required to leave the property before 11PM nightly. 4) Occupancy calculation includes infants and children. Occupancy also includes any and all the guests who visit the property, and no parties or other gatherings which exceed the Occupancy limit shall occur without prior approval of realTopia.
10e) CHILDREN: The Guest agrees to supervise children at all times while using the Property, and to take necessary precautions with children who may wet their beds including utilizing plastic protection sheets or "Pull Ups". Costs to replace mattresses or linens damaged by bed wetting will be affirmatively charged or debited, as the case may be, from the Guest’s charge or debit account on file with realTopia. Note: Hot Tubs are not a safe environment for children under 12 at any time. Children must be supervised at all times while using a hot tub or pool.
10f) UNAVAILABILTY OF ACCOMMODATION: In the event that the accommodation is unavailable for any reason beyond the control of realTopia (including without limitation changes in rental prices and/or policies or force majeure events or acts of God such as fire, water damage, or natural disaster), and if realTopia cannot secure comparable accommodations for the Guest as so deemed in its sole discretion, realTopia shall refund the Rent and any pre-paid damage deposit to the Guest, and this Agreement will thereupon be deemed terminated. In no event shall realTopia be liable or obligated in any way to the Guest beyond the return of the Rent and the pre-paid damage deposit, which liability and obligations are hereby (i) disclaimed by the marketing agency and realTopia, and (ii) expressly waived and released by the Guest.
10g) LIMITATION OF LIABILITY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER THE MARKETING AGENCY NOR realTopia MAKES ANY WARRANTIES TO THE GUEST OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEITHER THE MARKETING AGENCY NOR realTopia WARRANTS, AND NEITHER SHALL BE LIABLE, TO THE GUEST OR ANY THIRD PARTY FOR ANY UNAVAILABILITY OR INOPERABILITY OF realTopia's SERVICES, TELECOMMUNICATIONS SYSTEMS OR THE INTERNET, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND TO PERSON OR PROPERTY ARISING FROM EVENTS BEYOND THE REASONABLE CONTROL OF THE MARKETING AGENCY AND/OR realTopia . IN NO EVENT SHALL EITHER THE MARKETING AGENCY OR realTopia BE LIABLE TO THE GUEST FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF SAVINGS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. realTopia's MAXIMUM LIABILITY HEREUNDER SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE GUEST TO realTopia UNDER THE RENTAL AGREEMENT. Registered Guests, and all persons accompanying registered occupants, hereby accept responsibility for their personal property and safety and irrevocably release and save and hold harmless realTopia Vacation Rentals, its affiliates, associates, representatives, and rental property owners from any cost or liability whatsoever arising from loss, damage, personal injury, illness, weather-related circumstances, or any circumstance beyond their control occurring during or affecting a Guest’s reservation or stay.
10H) PAYMENT AUTHORIZATION: You hereby authorize realTopia to charge your credit card on file with realTopia for the cost of repair or replacement (1) for any Unintentional Damage exceeding the Waiver Cap; and (2) for all Intentional Damage.
11) CHARGEBACKS: The Guest acknowledges and agrees that under the terms of this Agreement certain charges are non-refundable upon satisfaction of the specified conditions. In the event the Guest attempts a chargeback that realTopia, upon reasonable investigation, concludes is in violation of this Agreement, realTopia may in its sole discretion dispute such chargeback as a breach of this Agreement through all available means, including without limitation, by third-party debt collection services, in which event realTopia shall be entitled to recover the cost of collection in addition to any other sums that may be due hereunder.
12) CANCELLATIONS AND REFUNDS: Since property owners are not easily able to re-book their properties last minute, we are sorry that we are not able to provide any refunds for stays booked within 60 days of check-in or for stays cancelled within 60 days of check-in. No refund shall be given for cancellations due to poor snow conditions, severe weather, road closures, traffic delays, early departures, or illness or injury. We highly recommend that you purchase Travel Insurance to protect your vacation plans. Please contact us for information about this option.
13) OCCUPANCY AND VISITORS: Your rent is calculated from the base rent for the number of occupants registered at the time of booking with the advertising agency. If you wish to register more occupants, please call us prior to checking in. The rate is $20.00 per night for each additional person (plus taxes) unless otherwise agreed in writing. Please note that we cannot exceed the maximum occupancy for the accommodation.
1. The maximum number of occupants for the accommodation is listed on the realTopia website. A charge of $100.00 per person per night (plus taxes) for unregistered occupants in excess of the base rent will be automatically assessed. Additionally, if the number of occupants exceeds the maximum occupancy for the accommodation, eviction of the Guests will result.
2. Occupancy also includes any and all visitors to the property, and no parties or other gatherings which exceed the Occupancy limit shall occur without prior approval of realTopia.
3. Visitors are welcome outside of the quiet hours and are required to leave the property before 11PM nightly.
14) INCLUSIVE FEES: Rates include a one-time linen and towel setup. LISTED amenities are also included in the rental rate. The rent includes basic utilities (water, heat, electricity, Internet, and listed cable or satellite TV) and local telephone usage (if a telephone is provided in the accommodation). Incidental expenses (e.g. long distance telephone calls, telephone directory assistance, mini-bar, extra-pay movies and entertainment, excessive Internet use; additional parking) will be charged to the Guest and will incur a handling fee.
15) MAID SERVICE: While clean linens and bath towels are initially provided, daily maid service is NOT included in the rental rate. Additional maid service, however, is available for a fee (see below).
16) OTHER HOUSE RULES: Remember that you are renting our home during your stay. It is not a hotel room.
1. Kindly treat our home and neighbours with respect. Pay attention to noise and put all items back the way you found them.
2. Please remove outdoor shoes at the entrance, use the supplied coasters under cups and glasses, etc.
3. The Guest will abide by all conditions, restrictions and requirements (1) imposed by controlling law; (2) set forth in this Agreement; (3) posted or provided at the accommodation or on the grounds of the accommodation, whether by the Owner, realTopia, or by a homeowner's association or similar group or body.
4. The Guest will keep all exterior access points to the accommodation (e.g. doors, ground-floor windows) locked at all times during the rental period when the accommodation is not occupied by the Guest or its guests.
5. The Guest will not do, or allow others to do, anything on or near the accommodation that could be considered a nuisance to any third party.
6. The Guest will not sublet the accommodation to any third parties.
7. Furniture (including patio chairs), silverware and other kitchen wares, towels, and linens must never be removed from the accommodation (except for the coloured pool towels, but please bring them back without the sand!).
8. The Guest acknowledges and agrees that damage, loss or injury to the accommodation due to failure by the Guest and its guests to abide by these reasonable restrictions shall be subject to remedy through all available legal, equitable and contractual means.
17) PARKING/VEHICLES: Park only in the designated parking stall. Only standard private passenger automobiles may be brought onto to the property. Parking pass(es) may be supplied inside the accommodation. If required by realTopia or Strata Corporation, the Guests must display the appropriate parking pass on the rear view mirror at all times while on the property. Failure to display the pass may result in towing of vehicle without notice at the Guest's expense. Please leave the parking passes inside the accommodation upon departure.
18) REFUND LIMITATION: No refunds will be provided for inclement weather, power outages, road closures, traffic delays, early departures, shut-downs, unavailable utility service, illness, allergies, injury and other conditions outside our control. We highly recommend that you purchase travel insurance.
19) FALSIFIED RESERVATIONS: Any reservation obtained under false pretence will be subject to forfeiture of advance payment, deposits, and/or rental money and the Guests will not be permitted to check-in and is subject to eviction.
20) EVICTION: realTopia reserves the right to evict any Guest, occupant, or visitor if any of the rental rules and/or policies are not followed. This particularly applies to the maximum number of overnight occupants, pets, smoking, noise and partying, and the age requirements. All pre-paid rents and deposits shall be considered earned and therefore retained by realTopia.
21) RELEASE FROM LIABILITY: Registered Guests, and all persons accompanying registered occupants, hereby accept responsibility for their personal property and safety and irrevocably release and save and hold harmless realTopia Vacation Rentals Ltd., its affiliates, associates, representatives, and rental property owners from any cost or liability whatsoever arising from loss, damage, personal injury, illness, weather-related circumstances, or any circumstance beyond their control occurring during or affecting a Guest’s reservation or stay.
22) POLICIES: Policies are subject to change without notice at any time. We will attempt to contact you with any changes to your policy.
23) SCHEDULE OF COSTS: The Guest and its guests will not damage the accommodation or any appointments, furniture or fixtures in the accommodation, nor shall the Guest and its guests remove any article of personal property from the accommodation premises.

• Additional Maid Service (if requested): $30.00/hour
• Replacement keys and/or passes: $50.00 each
• Replacement fobs and remote controls: $100.00 each (min.)
• Gathering dishes & items removed from the accommodation: $30.00
• Excessive cleaning: $45.00/hour
• Dirty dishes: $30.00
• If you use the barbeque, please clean it after each use or incur a cleaning fee: $25.00
• Handling Fee for Pay-Per-View Movies: $3.00 each
• Painting and repairs due to damage: Cost
• Merchant chargebacks related to a Guest's dispute of credit card transactions: $30.00/hour
• Late check-out: $50.00/hour
• All other items: Cost

Removing marks from walls, carpet and upholstery cleaning, and dry-cleaning are also considered excessive cleaning. Please do not move or change the electronic devices, including audio-visual equipment and software changes, as this will incur a service charge of $100 or more.
Guest is responsible for all incidental utility costs such as long distance telephone calls, telephone directory assistance, mini-bar, extra-pay movies, excessive Internet use as determined by the Internet Service Provider, and so forth.
All costs in this schedule are subject to an additional 10% mark-up to help defray management time and labour. Costs are exclusive of tax.
24) EXCEPTIONS: Any exceptions to the above mentioned policies must be approved in writing in advance.

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Note: This property will include 1 parking stall (included in rent) provided that you have completed one or both Vehicle Details below. Mark "RENTAL" if leasing a vehicle or "NOT APPLICABLE" if you don't have a vehicle.
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Thank you for choosing realTopia Vacation Rentals Ltd. in your travel plans!