Terms of Service

RENTAL MANAGEMENT AGREEMENT 

This agreement is between the accommodation owner (hereinafter referred to as the "Owner") and the rental management agency "bnBeyond Vacations Inc." and its subsidiaries and partners, including but not limited to FantasticStay, Go Beyond Stays Ltd. and Invermere Bnb Inc. (hereinafter referred to as the "Agency").

  1. Working Together and Conduct

Both Owner and Agency agree to comply with all applicable laws, statutes, regulations, ordinances, and any order of a court. Both parties agree not to violate or infringe upon anyone else’s rights or cause harm to anyone.

Owner Responsibilities:

  • Ensure that all Listings posted on the booking platforms comply with all applicable laws and agreements with third parties.
  • Maintain responsibility and liability for all Listings, including any Listings created by the Agency on behalf of the Owner.
  • Ensure that all accommodations listed are in compliance with zoning laws, tax requirements, and have all required permits, licenses, and registrations.
  • Remain responsible for your own acts and omissions, including conduct that causes harm or damage to the Agency or violates these terms or applicable laws.
  • Both the Owner and Agency staff must conduct themselves with professionalism and respect at all times. The Owner agrees to treat all Agency staff with respect and courtesy. Any form of harassment, abuse, or discrimination towards Agency staff is strictly prohibited and may result in the immediate termination of this agreement by the Agency.
  1. Agency Commission and Services

The Agency is commissioned as the rental agent on behalf of the Owner according to the terms of this contract. The Owner authorizes the Agency to manage the accommodation under the following terms:

Services Provided by the Agency:

  • Adjust the Listing calendar and Accommodation Fee as appropriate.
  • Accept and decline Guest Booking requests.
  • Process Guest Payments on behalf of the Owner.
  • Extend, shorten, or alter Guest Bookings as needed.
  • Act as the primary point of contact for Guests and be represented as such on booking platforms.
  • Create additional Listings and Listing advertisements with the Owner’s authorization.
  • Update the Listing description, photos, and other content as needed.
  • Communicate with Guests and assist with issues during their stay.
  • Replenish Guest Amenities (e.g., toilet paper, soap, laundry detergent).
  • Coordinate cleaning and laundry after Guest stays.
  • Resolve disputes with Guests.
  1. Term and Renewal

Initial Term: The initial term of this contract is 12 months, starting from the first day the property becomes open for bookings.

Early Termination: If the Owner terminates the agreement before the initial term has been completed, the Owner agrees to the early termination fee as described in the pricing schedule that precedes these terms.

Renewal: The contract will automatically renew for another 12-month term unless either party provides written notice of termination at least 30 days before the end of the current term.

  1. Termination

Termination by Either Party: Either party may terminate this Agreement by providing 30 days' written notice. The notice must specify the effective date of termination. The Owner shall pay for all services performed and expenses incurred up to the effective date.

Termination by the Agency: The Agency may terminate this Agreement with immediate effect if continuation would subject the Agency to liability or breach its duties to tenants or other parties.

Responsibilities Post-Termination: Upon termination, the Owner remains responsible for all Agency actions prior to termination, including fulfilling any pending or future bookings initiated before termination and, as a last resort,  paying any cancellation/relocation fees.

  1. Management Fees and Payments

Management Fees: The Owner agrees to pay the agreed-upon Management Fee for services provided by the Agency, including on canceled reservation revenue.

One-Time Service Fees: Owners may authorize the Agency to provide additional one-time services in exchange for an additional fee.

Payment Terms: Invoices are due on the 15th of each month unless indicated otherwise. The Agency reserves the right to charge late fees of 10% of the outstanding amount per month.

Owner Payments: The Owner will receive payments for each paid tenant reservation, minus deductions and fees, within 60 days of the tenant’s check-out date. The Owner will be provided with a rental settlement statement, guest booking details, and details of expenses deducted.

  1. Responsibilities of the Owner

Accommodation Maintenance: The Owner is responsible for ensuring the accommodation is in the best condition for use.

Owner Bookings: The Owner must reserve their own dates for using the accommodation. Guest reservations take priority over Owner’s use if owner dates have not been entered into the owner portal.

  1. Responsibilities of the Agency

Inspections: The Agency will carry out inspections following tenant departures to verify the accommodation's condition. It is not the intention to check every item of the inventory; the inspection is concerned with verifying the good order of the accommodation and the general condition of the property. 

Wear and Tear: Reasonable wear and tear is expected and neither Guests nor the Agency can be held responsible.

Security Deposits: The Agency will obtain a security deposit from tenants to cover potential damage or losses. The Agency is not liable for damage or losses exceeding the deposit.

Insurance: The Owner is advised to purchase adequate building and content insurance, including liability protection for short-term rental activities.

  1. Exclusivity and Advertising

Exclusivity Clause: The Agency has exclusive rights to rent the accommodation. Rental by the Owner or other parties is prohibited without the Agency’s express permission.

Marketing Material: The Agency will create and use marketing materials, descriptions, and photographs for advertising purposes. The Owner must notify the Agency of any unsatisfactory photographs within 30 days of publishing. The marketing materials remain the property of the Agency and cannot be used by the Owner or other parties without permission.

  1. Maintenance and Repairs

Basic Maintenance: Includes changing standard light bulbs without a ladder, tightening screws, clearing slow drains, and initial troubleshooting and coordinating professionals. Any materials used will be billable.

Maintenance Definitions: For any agreements that include Basic Maintenance, Bulbs and Batteries, the definitions of basic maintenance include, but will not be limited to:

Bulbs are defined as standard A-19 type 60w equivalent.

Batteries are defined as standard AA and AAA batteries only.

Basic Maintenance does not include any materials except basic bulbs and batteries. Any materials used, purchased for or provided to the property will be billable.

Basic Maintenance does NOT include snow removal, de-icing, lawn care, landscaping. We can coordinate this on your behalf on the fully hosted agreement.

Billable Maintenance: The hourly rate for in-house handyman maintenance is $50 per hour. Professional maintenance coordinated by the Agency will be billed at the professional’s rate.

Repairs Authorization: The Agency can authorize repairs up to $200 without Owner’s permission. Repairs over $200 require Owner’s approval.

Bi-Annual Deep Cleaning: The Agency will arrange bi-annual deep cleaning services, billed to the Owner to ensure that the Property is maintained to the highest standards for short-term rentals. The deep cleaning services will include services which are not typical of turnover cleans between guests, but are essential to being able to execute efficient turnover cleans throughout the rest of the year. 

  1. Liability and Indemnity

Limitation of Liability: The Agency is not liable for any indirect, incidental, special, exemplary, or consequential damages. If the agency must reimburse the tenant for damage caused by defective equipment within the accommodation, the agency shall deduct the amount from the owner's rental settlement.

Indemnity Clause: The Owner shall indemnify the Agency against any claims arising from the Owner’s use of the Service, breach of these Terms, activities or misrepresentations, agreements with third parties, or infringement of rights.

  1. Miscellaneous Provisions

Change of Ownership: If the accommodation ownership changes, the new owner must honour existing reservations and contract obligations until proper notice is given.

Rental Price Rates: The Agency sets rental price rates. The Owner may set a minimum acceptable nightly rate, understanding it may reduce revenue potential.

Cancellation Policy: Guests may cancel bookings subject to the Agency's cancellation policy.

Cleaning, Maintenance, and Management: The Agency will handle key holding, cleaning, and organizing repairs or replacements as needed.

Law and Severability: This contract follows the law of the jurisdiction where the property is located. If any provision is invalid, it will not affect the validity of the remaining provisions.

Updates to Terms: The Agency reserves the right to update these terms at any time without prior notice. Updates will be posted on the website, applications, or services and will be effective immediately upon posting.