Terms & Conditions

Definitions

Contract Rent Charge is shall be defined as the total cost of rental portion of the Timbers Reservation Agreement as set out in Term 1 a) and does not include additional fees for extra cleaning, services, damages, security deposits.  

Dependent Guest or its plural forms shall be defined any person(s) staying at The Timbers under the age of 18 during the Stay Period.

Maximum Number of Renters is defined as the total number of guests staying at The Timbers and is not to exceed 17 people without written permission from The Owners.

Primary Renter or its plural forms shall be defined as the signatories to The Timbers Reservation Agreement.  {heads of households should each be a signatory to this agreement and in the case of a group of individuals several signatories may be required}

Guest or its plural forms shall be defined as any person staying at The Timbers during the Stay Period over the age of 18 and may also be a signatory to this agreement.

Stay Period is defined as the time period beginning on February 28, 2016 at 4:00 p.m. and ending on March 4, 2016 at 10:00 a.m.

The Timbers shall be defined as the building structure, land property and all appliances, furnishings & appurtenances located at 5245 Highline Drive, Fernie BC.

The Owners   shall be defined as David Manzo, Marion Manzo, and John Manzo, the owners of The Timbers.

Agreement 

The Primary Renter(s) and the Owners, by executing The Timbers Reservation Agreement, either together or in counterparts, hereby agree to the following terms and conditions:

  1. RENT CHARGE AND RENTAL DEPOSIT
  2. The Contract Rent Charge for the Stay Period shall be $XXXX Plus 5% GST $ for a grand total of $ XXXX. A Rental Deposit of $ XXXX representing 50% of the Contract Rent Charge shall be paid at the time of execution of The Timbers Reservation Agreement by the Primary Renter and/or Renters. The Owners may cancel the Timbers Reservation Agreement at their sole discretion if the Rental Deposit is not received after of signing the agreement
  1. The Rental Deposit paid by the Primary Renter and/or Guests shall be non-refundable under all circumstances

 SECURITY DEPOSIT

  1. The Primary Renters authorize The Owners to pre-authorize the Primary Renters credit card with a $2,000 dollar Security Deposit for covering additional damages and additional charges and fees as set out in the terms and conditions of The Timbers Reservation Agreement. This authorization will occur just ahead of the Stay Period.
  1. FINAL PAYMENT & CANCELLATION TERMS
  2. A Final Payment of $XXXX by the Primary Renter and/or Guests shall be required 30 days prior to the Stay Period with such amount required to complete payment in full for the Contract Rent Charge.
  1. If the Primary Renter and/or Renters do not complete the Final Payment within 30 days of the Stay Date the Owners shall, at their sole discretion, cancel the reservation for the Stay Period and all funds paid to date by the Primary Renter, Guests or Dependent Guests shall be forfeited to the Owners. NO REFUNDS WILL BE GIVEN.
  1. Weather, ski and travel conditions are unpredictable. Cancellation to The Timbers Reservation Agreement shall not be allowed due to weather/ski conditions or force majeure events.
  1. RESERVATION CHANGES
  2. Reservation changes to the Stay Period are at the sole discretion of the Owners and may only be considered more than 45 days prior to arrival date. Extension of the dates of the Stay Period may be considered if they include the originally Stay Period dates of arrival and departure in the changes and are subject to availability of the extended dates.
  1. MAXIMUM OCCUPANCY & EVENTS
  2. The Timbers has a maximum number of 17 guests allowed (includes Primary Renters, Guests, Dependent Guests and any other persons), and anyone found over the maximum limit will be subject to a $100.00 per person, per night additional charge.
  1. No events are allowed at the property. No banners, signs, lighting, stereos, tents, furniture etc. are allowed to be set up at The Timbers. Moving the existing furniture or stereo equipment at The Timbers is also not allowed. All the foregoing actions would constitute an event. Having more than 25 people occupy the Timbers, without prior written consent, also constitutes an event.
  1. The Owners, or its representatives, shall, at their sole discretion, immediately evict the Primary Guests, Guests and Dependents for: 1) holding any event at The Timbers,  2) exceeding 25 persons at The Timbers for any reason and 3) being called out to The Timbers for excessive noise and 4) for any unruly behaviour that endangers persons and/or property or interferes with neighbours quiet and peaceful enjoyment of their properties.
  1. The Owners may take measures such as turning the utilities off to The Timbers to begin enforcement of an eviction. If the Primary Guests are unwilling to comply with requests to leave the property, the Primary Guests shall also be responsible for costs for additional security or costs for seeking injunctive relief to enforce the Timbers Reservation Agreement.
  1. Primary Renters shall pay the The Owners a minimum fine of $1,000 for events that occur during the Stay Period as defined in term 5c plus an an additional fine of $100 per person for each person in excess of 25 persons occupying the Timbers.

 DAMAGES

  1. Primary Guests are responsible for all damages that occurs related to the Stay Period at The Timbers. Primary Guests shall be responsible for all damages, including but not limited to actual damages, wilful damage, consequential damages, and inconsequential damages that occur during their occupancy of The Timbers and occupancy by their Guests, Dependent Guests and other persons allowed onto the property.

 PAYMENT OF FUNDS

  1. The Primary Renters hereby authorize The Owners to automatically charge the Reservation Deposit, the Final Deposit, the Security Deposit as set out in The Timbers Reservation Agreement to the credit cards provided by the Primary Renters.
  1. The Primary Renters hereby authorize the Owners to charge the credit cards provided by the Primary Renters for any other charges set out in this agreement for up to 45 days past the stay period.
  1. PROPERTY ACCESS
  2. The Timbers Reservation Agreement serves as formal notice to the Primary Renters, Guests and Dependent Guests that The Owners, or its representatives, may enter The Timbers during the Stay Period. Daily access is required for hot tub maintenance checks. The Primary Renters also authorize The Owners, or their representatives, without further notice, to enter The Timbers during the Stay Period, at any time, if The Owners, or its representatives, suspect mistreatment, excessive noise, exceeding maximum guests, holding events, abuse, and lack of respect of the property, and/or for maintenance purposes.
  1. FORCE MAJEURE
  2. The Primary Renters hereby agree to render The Owners immune against any and all claims and expenses presented by any person, firm or corporation, including but not limited to Primary Renters, Guests and Dependent Guests for any loss or damages resulting from The Owners being unable to perform the services set out in the Timbers Reservation Agreement as a result of any strike, flood, fire, power outage, or act of God.
  1. HOT TUB POLICY
  2. The Timbers is equipped with a hot tub. The Primary Guests shall be responsible for excessive cleaning costs to the hot tub required due to foreign objects or foreign substances placed in the hot tub (i.e. broken glass, shampoos, soaps, etc…), or excessive dirt or sand found in the hot tub, and cigarette butts, garbage, bottles/cans around the hot tub and deck areas.
  1. SMOKING POLICY
  2. The property is non-smoking and a $500.00 fee will be charged to the Primary Renters for any smoking for any indoor areas in The Timbers, even if determined by residual odours after checkout plus additional charges as required for odour removal.
  1. Cigarette butts shall not be discarded onto the property grounds. Excessive cigarette butts found around the property may result in a cleaning charge.

 PET POLICY

  1. The property does not allow pets. A $500.00 fine will be charged to the guest in charge of the reservation, if policy has been ignored and additional cleaning fees or charges as required to: 1) remove pet hair, odours or stains and 2) to repair or replace any damaged property.
  1. POOL TABLE POLICY
  2. The property has a pool table which is leveled and fastened in place to the floor. The Owners have had problems with guests moving the table. The pool table must not be lifted or moved in any way. A $500.00 fine shall be charged to the Primary Renters if policy has been ignored plus additional charges as required to: 1) re-level the pool table, 2) repair the table and 3) repair damage to the floor from moving.
  1. CHECK OUT
  2. Check out time is 10:00 AM. Any late checkouts not previously arranged will automatically be subject to a Late Checkout Fee of $100.00 per additional hour after 10:00 AM.  When preparing for departure, please make sure all dishes are clean and put away, all empty bottles and cans are stacked neatly at the entrance, all garbage is at the entrance (extra garbage bags will be supplied).
  1. Any dirty dishes left behind to be cleaned by housekeeping will be subject to a $50.00 additional fee, and any unit requiring excessive cleaning upon departure will be subject to additional cleaning charges. Dishes in dishwasher are only acceptable if cleaned.
  1. JOINT AND SEVERAL LIABILITY
  2. Primary Renters agree that all the terms conditions and obligations set out in the Timbers Reservation Agreement are on a joint and several liability basis.
  1. COUNTERPARTS
  2. The Timbers Reservation Agreement can be executed in counterparts.
  1. NO ASSIGNMENT OR PROXY
  2. The Primary Renters shall not assign the Timbers Reservation Agreement without prior written consent of The Owners.
  1. The Primary Renters shall be staying at The Timbers for the entire Stay Period to maintain the Timbers Reservation Agreement in good standing. If the Primary Renters are not present at The Timbers during the Stay Period, this constitutes cause for immediate eviction with no refund of the Contract Rent Charge.
  1. RELEASE

The Primary Renters agree to be responsible for all actions of any persons at The Timbers during the Stay Period including but not limited to Primary Renters, Guests, and Dependent Guests.

The Primary Renters, the undersigned, hereby, waive, release and forever discharge The Owners, their respective officers, directors, employees, agents, contractors, heirs, executors, and assigns of and from any and all loss, damage, claims, suits, debt, demand, personal injury, death, or any other claim whatsoever arising in any manner from the use, rental or occupation of The Timbers, whether such matters are foreseen and unseen, including but not limited to Primary Renters, Guests, Dependents Guests or other persons.

The Primary Renters, without limiting the generality of the foregoing paragraph, acknowledge and agree that the use of any supplied hot tub may be hazardous and no warranty or representation is made with regard to such hot tub complying with applicable Health Department Regulations or any other standards, and the use of any supplied hot tub is at all persons occupying The Timbers sole risk.

The Primary Renters, the undersigned, hereby acknowledge and agree to indemnify and save harmless The Owners, the owner(s), of the vacation rental property, their respective officers, directors, employees, agents, contractors, heirs, executors, and assigns of and from any and all loss, damage, claims, suits, debt, or demands that may be made or brought against them arising in any manner whatsoever from my use, rental or occupation of the vacation rental property, including, but not limited to, any loss, damage, claim, suit, debt or demand suffered, incurred, sustained, or brought by any other person occupying or using the vacation rental property with my consent.

It is specially acknowledged and agreed that this Waiver of Rights and Indemnity is contractual and not merely recital, and this Waiver of Rights and Indemnity shall be governed by the laws of the Province of British Columbia.  The Primary Renters hereby specifically attorn to the jurisdiction of the Courts of British Columbia in relation to the Waiver of Rights and Indemnity and The Timbers Reservation Agreement.

By signing this agreement I agree that I have read and understand all of the aforementioned terms in this document, including the Release, and that this document, when signed by me and acknowledged in writing below shall be considered a legal document and The  Timbers Reservation Agreement between The Owners and myself.