VACATION RENTAL AGREEMENT

For 1530 Ella Point Drive

Telegraph Cove, B.C.

Date of this Agreement: _____________________

(the "Effective Date")

Name of Owner:

Kyraid Dreamland Inc.

("Kyraid")

Address of Owner:

Box 11301

Whitehorse, Yukon

Y1A 6S3

Name of Guest:

_________________________

(the "Guest")please insert name of all guests in your party

 

Address of Guest:

________________________

________________________

Date and check-in time Vacation Rental is to begin: ____________________

("Start Date and check in time")

Date and check-in time Vacation Rental is to end: ____________________

("End Date and check-out time")

Amount of Rent: ______________

(the "Rent")

Security Deposit Authorized _______________

(the "Security Deposit)

Number of Persons Permitted to Occupy the Property during the Rental Period: ____

(the"Number of Occupants")

Law that Governs this Agreement: British Columbia

(the "Governing jurisdiction")

DETAILS:

  1. Rental of the Property

      2. Kyraid rents to the Guest, and the Guest rents from Kyraid the Property according to the terms of this Agreement. If more than one Guest is listed above, each Guest is jointly and severally liable for the performance of this Agreeement (including all financial obligations arising out of it.

  2. Use and Occupancy

      3. The Property is to be used only as a private vacation rental for the Number of Occupants listed above. Kyraid and the Guest agree that this short-term rental is not subject to any residential tenancy laws in effect in the Governing Jurisdiction. The Guest agrees that the rental is subject to the Terms of this Agreement. The Guest agrees that he/she will abide by the Terms of this Agreement and will be responsible for ensuring that all of the Guest's family, friends and invitees
      will also abide by the Terms of this Agreement.
      The Guest shall not permit any person other than those specified in this Agreement to stay overnight on the Property without written permission of Kyraid or its agent(s).

  3. Term of Vacation Rental

      4. The term of the rental will begin on the Start Date and check in time and end on the End Date and check out time specified under "Essentials" in this Agreement. Early check in or late check out is not permitted unless the Guest has the prior consent of Kyraid. If the Guest stays past check out time on the End Date without the prior consent of Kyraid, the Guest agrees to pay Kyraid a late charge of $50 per hour plus applicable taxes until the Guest has checked out.

  4. Payment of Rent & Security Deposit Authorization

      5. Upon signing this Agreement, the Guest will pay a booking deposit equal to 30% of the rent or a minimum of $100.00 to Kyraid and will authorize a security deposit. The Guest will pay the remainder of the rent and all applicable taxes to Kyraid, no later than 15 days prior to arrival.

      Payment may be made to Kyraid by money order, certified cheque or bank draft. Full payment must be received at least 15 days prior to Start Date.
      In the event the Guest has booked the property less than 14 days prior to the Start Date, payment must be paid in full at the time of booking.
      The Guest may not, without Kyraid's prior written consent, apply the Authorized Security Deposit to any other amount due under this Agreement. In the event that the Guest owes any amounts under this Agreement which exceed the Authorized Security Deposit, the Guest agrees to pay those amounts to the Owner within 7 days of demand by the Owner. All disputes arising out of a claim for damages by the Owner will be dealt with between the Owner and the Guest.
      The Authorized Security Deposit is intended to compensate (in whole or in part) for the following contingencies: breakages (excluding such minor breakages as drinking glasses); damage to the interior or exterior of the Property other than normal wear and tear; other loss of or to the Property; and cleaning costs if in excess of the usual as a result of the Guests failing to honour their commitment to cleaning as set out in the Vacation Rental Agreement. Long-distance telephone calls are not permitted or authorized to be made from the phone on the Property.

  5. Confirmation of Booking

      6. Kyraid will confirm the booking by e-mail or FAX upon receipt of a signed Rental Agreement and payment as agreed to above. A booking is not considered to be final until the Rental Agreement has been returned to Kyraid and the deposit paid.

      The Rental Agreement can be faxed to (867) 668-4402 or e-mailed to address listed on our web page.

       
  6. Cancellation Policy

      7. There will be a $100.00 cancellation fee plus GST (6%) for any cancellation regardless of cause in order to cover associated costs. If the reservation is cancelled less than 14 days prior to the Start Date, the Guest will be charged the full amount of the rent plus all applicable taxes. Should another Guest book for some or all of the rental period, the Guest will be refunded the amount of money recovered less the cancellation fee of $100.00 plus all applicable taxes. In the unlikely event that the Property becomes unavailable for the rental period, Kyraid will refund to the Guest any amounts received.

  7. Utilities

      8. Utilities are included in the rental amount, except for the Excluded Utilities (long-distance telephone calls) which are specified under the Essentials portion of this Agreement.

  8. Keys:  Kyraid or its agent(s) will either provide the keys at check in or will inform the Guest of the location of the keys and the combination to enter the home.
    If the keys are not returned at the end of the rental period, then if deemed necessary for the safety of future Guests, locks will be changed and the fee shall be assessed in the amount of $150.00 to cover the costs of changing locks and new keys. This fee will be charged against the Authorized Security Deposit.
    Keys shall be returned in the manner in which they were acquired.     
  9. No Smoking:    Smoking is not permitted anywhere inside the Property. Smoking may be permitted outside the house provided the Guest retrieves and safely disposes of associated waste. An ash container is provided on the upstairs deck.
  10. Liability of Property Owner (or its agent)

      11. As a condition of the rental, the Guest agrees that the rental and use of the Property is entirely at the Guest's own risk including, as applicable, the use of deck and hot tub, outside and surrounding property, and the Guest agrees to hold harmless the Property Owner (or its Agents) from and against any and all claims, actions or damages arising from the use of the Property on account of personal injury or property damage sustained by the Guest and its invitees as a result of any cause arising out of this Agreement. All personal property brought to the Property shall be and shall remain the Guest's sole responsibility and risk, and neither the Property Owner, nor its agents shall be liable for any damages to or loss of such personal property nor shall the Property Owner be liable for any injury to the person of the Guest(s) or other persons in or about the Property.

  11. Assignment and Subletting

      12. The Guest will not sublet any part of the Property or assign this Agreement.

  12. Guest's Obligations

      13. The Guest will:
      (a) keep the Property clean, sanitary and in good condition. Upon termination of the Vacation Rental, the Guest(s) agrees to leave the Property in a condition identical to that which existed when the Guest took occupancy, except for ordinary wear and tear;
      (b) notify the Local Property Contact immediately of any defects or dangerous conditions in and about the Property of which the Guest becomes aware; and
      (c) reimburse the Property Owner for the cost of any repairs to the Property damaged by the Guest(s) or the Guest's friends, family or invitees through misuse, accident or neglect and will reimburse the Property Owner for any other amounts, including reasonable attorney's fees (which shall be charged only if the damage is disputed), owing under this Agreement.
      (d) The Guest shall, within 24 hours of arrival at the Property, examine the Property and its contents, including appliances, fixtures, carpets, drapes and paint, and shall notify the Local Property Contact immediately of any deficiencies if the Property is not found to be in good, safe and clean condition and repair, except as noted by the Guest and Kyraid (or its Agent) at check in.

  13. Property Owner’s Obligations

      14. In the event that the Property Owner (or its Agent) identifies any claim or damages allegedly caused by the Guest(s), the Property Owner (or its Agent) will advise the Guest(s) in writing within a reasonable period of the last date of tenancy, giving full particulars of the alleged damages and allowing the Guest(s) the opportunity to view (in person or through photographs) any such damages claimed.

  14. Violating Laws and Causing Disturbances

      15. The Guest and family, friends or invitees will not use the Property or adjacent areas in such a way as to:
      (a) violate any law or ordinance,
      (b) commit damage to the Property, or
      (c) create a nuisance by annoying, disturbing, inconveniencing or interfering with the quiet enjoyment and peace and quiet of any other guest or nearby resident.

  15. Pets:   No animal, bird or other pet shall be kept on the Property, even temporarily, without the prior written consent of Kyraid.
  16. Kyraid's (or its Agent) Right of Access;   In the event of an emergency, Kyraid (or its Agent) may enter the Property during the Vacation Rental to perform maintenance and to make repairs.
  17. Possession of the Property:   If Kyraid is unable to deliver possession of the Property to the Guest for any reason not within Kyraid’s control, including but not limited to partial or complete destruction of the Property, this Agreement will be terminated. In such event, Kyraid's liability to the Guest will be limited to the return of all sums previously paid by the Guest to Kyraid.
  18. Disclosures:    The Guest acknowledges that Kyraid has made the following disclosures regarding the Property: Deck may be slippery, driveway is extremely steep, use caution on stairs and use hot tub at your own risk.  Very high cliffs surrounding property - do not recommend walking around lot.
  19. Grounds for Termination of Vacation Rental:    The failure of the Guest(s) or their friends, family or invitees to comply with any term of this Agreement or those implied by law is grounds for immediate termination of the Vacation Rental, immediate surrender of possession of the Property to Kyraid (or it’s Agent) and forfeiture of any amounts paid to Kyraid.
  20. Entire Agreement:  This document and any Attachments constitute the entire Agreement between the parties, and no promises or representations, other than those contained here in and those implied by law, have been made by Kyraid or the Guest. Any modifications to this Agreement must be in writing signed by Kyraid and the Guest.
  21. Validity of Each Part :  If any portion of this Agreement is held to be invalid, it will not affect the validity or enforceability of any other provision of this Agreement.

AGREED:

Signature of the Kyraid Agent _______________________________

 

Signature of the Guest ________________________________

Please print name: