Terms of Service
This agreement is between the accommodation owner (from now on referred to as the Owner) and the rental management agency “FantasticStay” (from now on referred to as the Agency or FantasticStay),
Working Together and Conduct
Both Owner and Agency agree to comply with applicable laws, statutes, regulations, ordinances or any order of a court. Also, you agree that you will not violate or infringe anyone else’s rights or cause harm to anyone.
As an Owner you remain solely responsible and liable for any and all Listings that are created and posted on the booking platforms, including any Listing created on behalf of and accepted by you. Accordingly, you represent and warrant that any Listing you create and post on the platform, including any Listing created on behalf of and accepted by you, and the Accommodation in that Listing (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
Further, as an Owner, you remain responsible and liable for your own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Agency, that violates these terms or applicable laws.
The Agency is commissioned as the rental agent on behalf of, and on the account of the Owner according to the terms of this contract and the general conditions below. The Owner gives the responsibility to the Agency to rent the accommodation. The agency accepts to act only as a mediator, as a part of their daily rental sales based on the following terms and the general conditions below:
By allowing the Agency to manage your Listing, the Agency agrees, and the Owner authorizes the Agency: (i) to act on the owner’s behalf and (ii) to bind the owner and take certain actions permitted by the owner, which may include but are not limited to:
◦ Adjusting the Listing calendar as appropriate on an ongoing basis;
◦ Adjusting the Listing’s Accommodation Fee as appropriate on an ongoing basis;
◦ Accepting and declining Guest Booking requests for the Listing;
◦ Processing Guest Payments on behalf of the Host;
◦ Extending, shortening, or otherwise altering Guest Bookings as needed;
◦ Acting as the primary point of contact for Guests of the Listing and be represented as such on the booking platforms (if applicable);
◦ With the Host’s authorization, creating additional Listings and Listing advertisements on behalf of the Host;
◦ Updating the Listing description, photos, and other content of the Host as needed;
◦ Messaging with Guests of the Listing as needed;
◦ Assisting with issues that Guests may have with the Listing during their stay, including, but not limited to key loss, lockouts, emergency maintenance, and other services as needed (as applicable);
◦ Reviewing Guests of the Listing;
◦ Replenishing Guest Amenities as applicable (including Toilet Paper, Paper Towel, Kleenex, Conditioning Shampoo/Body Wash, Hand Soap, Dishwasher Tabs, Dish Soap, Laundry Detergent, Garbage Bags, Oil, Salt, Pepper and Coffee)
◦ Coordinating cleaning and laundry after Guest stays;
◦ Resolving disputes with Guests of the Listing; and
- Interacting with advertising partners on Host's behalf.
- Term of the Contract (duration) The initial term (duration) of this contract will be for 12 months starting on the (depending on what your procedure is - say going through the online system, or whatever you have on your website → specify it here depending on when you reach an agreement for the services) . On the expiration date of the initial term, the contract will renew automatically for another 12-month term immediately following the end date of the effective term unless either party terminates this contract by giving notice in accordance with the relevant termination provision below.
- Termination: Either party may terminate this Agreement by providing thirty (30) days written notice to the other party. The notice shall specify the effective date of termination. The Owner shall pay for all services performed and expenses incurred up to the effective date of termination. Upon termination, the agency shall promptly return to the Owner all materials and property belonging to the Owner. If termination of this Agreement is initiated by the Owner, the Agency shall provide a final invoice for all outstanding work within fourteen (14) days of the termination date. If termination of this Agreement is initiated by the Agency, the Agency shall use reasonable efforts to complete any work in progress or due under the Agreement prior to the termination date. The Client shall pay for such work performed up to the termination date in accordance with the terms of this Agreement. Upon termination, the Owner will remain responsible for all of the Agency’s actions prior to removal, including the responsibility to fulfil any pending or future bookings of the Owner’s Listing(s) initiated prior to termination and / or is liable to pay for the cancellation/ relocation fees that may be assessed by the channels. In addition, if you have agreed to a Management Fee and/or One-Time Service Fee: Host agrees to pay Agency for all Services and One-Time Services completed prior to the termination (“Final Fee Payment”) within 14 days of termination.
- Agency Termination: The agency can terminate the contract (agreement) with immediate effect if the agency in its sole discretion deems the continuation of the agreement with the owner would subject the agency to liability or be in breach of its duties to the tenants or any other persons.
- Entire Agreement (Contract Changes): This is the entire contract (agreement) between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. Modifications and amendments to this agreement, including any exhibit or appendix, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties.
- Management Fees The Owner agrees to pay the management fees in consideration for the Services provided by the Agency (the “Management Fee”). When such an agreement is made, the Owner agrees to pay the agreed-upon Management Fee for any check-ins that occur while the services are being provided. Including cancelled reservation revenue. In addition, Owners may authorize the Agency to provide certain one-time services (“One-Time Services”) for their Listing, in exchange for an additional per-service fee (collectively, “One-Time Services Fees”).
- Payments The host agrees to pay invoices sent by the Agency in a timely matter. Due dates are the 15th of each month unless indicated otherwise. The Agency reserves the right to charge late fees in the amount of 10% of the total amount outstanding, per month.
- Responsibility and maintenance of the accommodation by the owner. The owner is responsible, not the tenant or the agency for having the accommodation in the best conditions for use.
- Payment to the owners. The owner will receive payments as accorded with the agency for each paid tenant reservation after the end of the tenant's stay. The agency shall make reasonable endeavours to pay the owner within 30 days from the check-out date of the reservation.
- Payment of rental to the owner. The owner receives the rental payment, minus deductions and fees. The calculation of the payment to the owner will depend on the duration of the rental clients' stay. The agency will deposit payment into the owner's bank account and provide a rental settlement statement, guest booking details, and details of owner stays and expenses deducted. If the owner is not in agreement with the statement, he should notify the agency of any errors or omissions, but he has no rights to cancel any guest bookings until the contract is terminated.
- Owner Bookings: When the owner uses the accommodation themselves (see section 8 of general terms), the owner owes the agency at the end of the usage the charges for bed linen, towels (including laundry fees), apartment supplies and cleaning fees. The agency shall deduct the amount from the next owner's rental settlement. Otherwise, the owner will reimburse the agency within 30 days.
- Amount to pay to the owner. The owner shall be paid the rental amount after the following deductions:
- Bed linen, towels (including laundry fees) and cleaning fees including. Apartment supplies Visitor's / tourist taxes Credit card fees (where applicable)
- Commission from third party vacation rental booking websites: variable (where applicable)
- Agency Commission is deducted at a rate of (15%, 18%, 25% or otherwise agreed) of the net rental price. The net rental price is calculated as the gross rental price minus the deductions.
- From the Payment to Owner amount, the following outstanding expenses are deducted (where applicable): Owner stays or bookings (e.g. bed linen, towels, cleaning, etc.)
- Owner expenses (e.g. utility bills, maintenance, purchases, etc.)
- Taxes or fees The owner will be the only person responsible for the settlements and payments of his own taxes and fees unless otherwise agreed upon.
- Exclusivity clause The agency has exclusivity in the rental of the accommodation. Rental by other companies or persons is strictly prohibited without the express permission of the agency for the duration of the contract. The agency will advertise the accommodation and take rental bookings to the best of their ability. The agency is allowed to use other businesses for advertisements and bookings of the accommodation.
- Changes to accommodation The accommodation owner is responsible to inform the agency of changes to the accommodation, such as renovations, common area changes (construction) or within the accommodation (beds, furniture, appliances, and other amenities). Reasonable notice must be given for planned changes and not impede existing reservations.
- Descriptions and photographs The agency will arrange for marketing material, written descriptions and photographs of the accommodation. The agency is allowed to use the marketing material, written descriptions and photographs for marketing and advertising purposes during the effective term of the contract, provided the photographs are reasonably satisfactory to the owner. The owner will notify the agency of any unsatisfactory photographs within 30 days of publishing. The agency is granted the copyright of the photographs by the photographer for marketing and advertising purposes. The marketing material, descriptions and photographs may not be used for advertising or marketing by the owner or any other party without the express permission of the agency. The photographs may not be sold for profit by any party. If the contract is terminated, the marketing material, descriptions and photographs may not be used for advertising or marketing by the owner or any other party, business or agency. If the contract is terminated without appropriate notice, the agency will be allowed to advertise and rent the accommodation until proper notice is given.
- Owner bookings The dates which the owner wishes to use the accommodation themselves if known at contract signing time will be stated at the time of signing. The owner can state after signing the contract which dates they would like to use the accommodation, but any existing bookings or reservations have priority over the owners', even if the owner has not yet been notified by the agency of the rental reservation. No entry of owner dates in the agency's reservation calendar implies that the agency may rent the accommodation. The agency will not assume dates are required by the owner as in previous years without specific notification from the owner each year. The owner is responsible for reserving their own dates. The owner acknowledges that the accommodation reservation calendar is published 12 - 18 months in advance unless agreed to otherwise. Once published, the accommodation reservation calendar is open for guest rentals and reservations. Once received, guest bookings or reservations have priority over the owners’. The agency will provide the owner with online access to the reservation calendar for the accommodation via an Owner Login account. The owner should use their Owner Login account to block their required dates. If necessary, the agency can also accept owner reservations by email and will make reasonable endeavours to block the requested dates in a timely manner. The agency can accept no responsibility if the owner's requested dates are preceded by guest reservations or bookings.
- Security guarantees The agency shall obtain a security deposit or guarantee from the tenant to cover potential damage to the accommodation or losses (keys, etc.) caused by the tenant. The agency shall use reasonable endeavours to identify damage or losses caused by the tenant in a timely manner. Damage or losses identified in a timely manner and attributable to the tenant will be deducted from the security deposit or guarantee. The Owner's claims from the tenant are not limited to the amount of the deposit or security guarantee. The agency is not liable under any circumstances for damage or losses caused by the tenant or theft by the tenant from the accommodation. The agency is not liable if damage or losses exceed that of the damage deposit or security guarantee.
- Insurance The owner is highly advised to purchase building and content insurance with adequate cover for damages above and beyond the security deposit or guarantee held, and sufficient liability protection to cover the costs of personal injury or property damage to third parties. Furthermore, the insurance should also cover short-term rental (STR) activities.
- Inspections The Agency will carry out inspections following the departure of tenants. 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. This will include inspecting the main items (carpets, walls, cooker, main living areas etc). Any identified damage or losses that are estimated to be above the agreed limit will be submitted to the Owner for approval, together with any cost estimates. It is agreed that the Agency’s judgement of the cost estimate will be final.
- Change of ownership If the accommodation ownership changes during the period of the contract, the new owner must continue with existing guest reservations and owner contract obligations until proper notice is given or otherwise agreed. All extra costs will be charged to the original owner.
- Rental price rates The agency sets on its own discretion the rental price rates and the rental agreements with the rental clients or tenants. The owner may choose to set a minimum acceptable nightly rate and / or length of stay, however this is done at their own discretion with the understanding that these restrictions will reduce the revenue potential of the property.
- Cancellation policy The rental client or tenant may withdraw from the rental agreement at any time subject to the agency's cancellation policy. The agency's cancellation policy varies depending on many factors.
- Extensions to the rental period If the rental client extends their stay within their rental period, the agency will charge the appropriate rate.
- Cleaning, Maintenance and Management The agency will undertake the following: key holding, key distribution, cleaning of the accommodation following rentals, and, if included in their chosen management plan level, organisation of repairs or replacement items as required. The owner allows the agency to organise repairs up to $200 without verbal or written permission. The agency shall deduct the amount from the owner's rental settlement. Otherwise, the owner will reimburse the agency within 30 days. Owners will be contacted to give authorization for repairs or replacement items over $200, and best efforts will be made to keep the owner informed of any additional expenses.
- 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 examples: changing standard light bulbs without a ladder, tightening loose screws, clearing slow drains, initial troubleshooting and problem solving, coordinating professionals, Spreading Salt / Sand only if provided by owner, and dealing with many other simple issues that may arise. Example; anything an average Housekeeper can do with basic hand tools (screwdriver or pliers).
- Basic Maintenance does not include any materials except basic bulbs and batteries. Any materials used, purchased for or provided to the home will be billable.
- Basic Maintenance does not include snow removal, de-icing, lawn care, landscaping. We can coordinate this on your behalf at no charge on the fully hosted agreement.
- Maintenance, Billable (In House): All maintenance that falls outside of the “Basic Maintenance” package is billable at 1 hour minimum. The billable hourly rate will be $50.00 per hour for In House Handyman maintenance.
- Maintenance, Billable (Professional - Coordinated): In the Fully Hosted agreement the Agency can and will coordinate professional maintenance as required and only as approved. All maintenance performed by outside professionals will be billed at the rate provided by the professional. The agency will not be responsible for any workmanship or warranty related to their work. The agency will ensure the Owner is provided with the invoice for professional services and the owner will be responsible to pay the invoice.
- Maintenance Definitions: For any agreements that include Basic Maintenance, Bulbs and Batteries, the definitions of basic maintenance include, but will not be limited to:
- Accommodation handover from the owner The owner is liable to the tenant and the agency for the orderly handover of the rental accommodation on the due date arranged. The owner is also responsible for truthful documentation about the accommodation and its equipment within. The owner is liable for any injury due to untruthful statements about the property.
- Agency liability The agency is not liable under any circumstances for damage or losses caused by the tenant or theft by the tenant. The agency is not liable for any other damages, losses or theft.
- Owner liability 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.
- Limitation of Liability: In no event shall the Agency be liable for any indirect, incidental, special, exemplary, or consequential damages, including but not limited to loss of profits, data or goodwill, service interruption, or any other similar damages arising out of or in connection with the use of or inability to use the Service. This applies whether the damages are based on contract, tort (including negligence), product liability, or any other legal theory, even if the Agency has been advised of the possibility of such damages.
- Law If liabilities are not stated in this contract, it will follow the Law of the jurisdiction of the property.
- Indemnity Clause: The Owner shall indemnify, defend, and hold harmless the Agency and its affiliates, subsidiaries, officers, directors, employees, and agents (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in connection with (a) the Hosts' use of the Service, (b) the Hosts' breach of these Terms or the TOS, (c) the Owners' activities or misrepresentations, (d) the Owners' agreements with third parties, including authorized agents, or (e) the Owners' infringement of any rights of another person or entity. The Owners' obligation to indemnify the Indemnified Parties under this section shall not apply to the extent that any such claims, liabilities, damages, losses, or expenses result from the gross negligence or wilful misconduct of the Indemnified Parties.”
- Disclaimer: THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE Service REMAINS WITH YOU. IF YOU CHOOSE TO USE THE Service, YOU DO SO AT YOUR SOLE RISK. THE Service IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, The Agency EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE Service, Agency, AND THE LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO THE Service.
- Severability If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
- Updates to these Terms We reserve the right to update these terms at any time without prior notice. If we make modifications, we will post them on the website, applications, or services, and they will be effective immediately upon posting. By continuing to access or use the Service after we have posted modifications, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your only recourse is to stop using the Service.
- Please note that the Agency reserves the right to change or discontinue the Service at any time.
The owner and agency agree to the general terms regarding obligations and rights, maintenance of the accommodation and responsibilities.