Booking Policy

Agreement

By booking the Property, all of the Guests acknowledge that they have read, understand, and agree to be bound by the terms, conditions, policies and rules in this agreement (the “Rental Agreement”). The Guest who books the Property and pays the Rental Fee (the “Booking Guest”) represents and warrants that he has forwarded the Rental Agreement to all of the other Guests, and by booking the Property all of the Guests have accepted the Rental Agreement and agree to be bound by its terms and conditions.

Reservations

The Guests must pay a reservation deposit of 50% of the Rental Fee (the “Reservation Deposit”) to the Owner within twenty-four (24) hours of receiving the Rental Agreement (the “Reservation Deadline”). If the accepted Rental Agreement and Reservation Deposit are not received by the Reservation Deadline, the Owner / Owner’s Agent reserves the right to cancel the reservation. If the Owner / Owner’s Agent receives payment of the Reservation Deposit but not the accepted Rental Agreement by the Reservation Deadline, payment of the Reservation Deposit will be deemed as acceptance of the Rental Agreement by all of the Guests. Please note that the Reservation Payment is not a damage deposit.

Payment

Guests must pay the Rental Fee, including the Reservation Deposit, the Cleaning Surcharge, and all applicable taxes, and the Reservation Deposit for booking the Property within thirty (30) days of the Check-In Date (the “Payment Deadline”). If the Rental Fee and Damage Deposit is not paid by the Payment Deadline, the Owner / Owner’s Agent reserves the right to cancel the reservation.

Please make payment via the payment portal on The Suite Life Whistler’s direct booking website or the online travel agency used to book the Property (e.g. VRBO, Airbnb, AlluraDirect, etc.).

Cancellation Policy

We are firm on our cancellation policy and will not be offering additional refunds outside of it. Guests are responsible for purchasing the appropriate travel insurance and/or trip cancellation insurance to cover themselves.

General Cancellation Policy (30 Days Notice Required): Guests will receive a full refund of the Rental Fee, including the Reservation Deposit, and of the Damage Deposit (minus credit card processing fees) if they cancel their reservation at least thirty (30) days before the Check-In Date. Guests will receive a 50% refund of the Rental Fee, including the Reservation Deposit, and of the Damage Deposit (minus credit card processing fees) if they cancel their reservation between twenty-nine (29) days and fourteen (14) days before the Check-In Date. Guests who cancel within six (6) days before the Check-In Date are not entitled to a refund of the Rental Fee or the Damage Deposit.

Christmas / New Years Exception (60 Days Notice Required): Guests will receive a full refund of the Rental Fee, including the Reservation Deposit, and of the Damage Deposit (minus credit card processing fees) if they cancel their reservation at least sixty (60) days before the Check-In Date (Dec 15, 2022 – Jan 2, 2023; Dec 15, 2023-Jan 2, 2024). For cancellations less than 60 days prior to Check-In Date, there is no refund unless a ‘Replacement Guest’ books the cancelled dates. We will always refund guests to the extent that we replace them with another guest.

British Columbia Stat Holiday Exception: Guests will receive a full refund of the Rental Fee, including the Reservation Deposit, and of the Damage Deposit (minus credit card processing fees) if they cancel their reservation at least forty-five (45) days before the Check-In Date (Feb 17-24, 2023; May 18-23, 2023; June 29-July 4, 2023). For cancellations less than forty-five (45) days prior to Check-In Date, there is no refund unless a ‘Replacement Guest’ books the cancelled dates. We will always refund guests to the extent that we replace them with another guest.

Covid-19 Cancellation Policy: Should a government-imposed travel ban or border closure prevent you from entering British Columbia prior to your Check-In Date, The Suite Life Whistler will offer a full credit to be used within twelve (12) months at the same property for which the original booking was made. No refunds or trip date changes will be given for Guests who test positive for COVID-19, come into contact with someone who has tested positive for COVID-19, or for changes in government travel requirements. Guests are responsible for purchasing the appropriate travel insurance and/or trip cancellation insurance to cover themselves.

Damage Deposit

The Guest must pay a damage deposit of $500 within thirty (30) days of the Check-In Date (the “Damage Deposit”). The Damage Deposit may be applied, in the sole discretion of the Owner / Owner’s Agent, to any non-payment of the Rental Fee, for the removal of stains in the carpet, to any damage beyond normal wear and tear to the Property, or to any lost or damaged items, including, but not limited to, linens and towels. The application of the Damage Deposit or any part thereof to remedying any default of the Guest shall not restrict the Owner / Owner’s Agent from exercising any of its rights or further remedies as set out in this Rental Agreement or pursuant to any statute or law. If any portion of the Damage Deposit is used by the Owner / Owner’s Agent to remedy any default by the Guest, the Guest agrees to pay to the Owner / Owner’s Agent on demand an amount sufficient to restore the Damage Deposit to its original level.

If the Guest is not then in default under the terms of the Rental Agreement, the Owner / Owner’s Agent shall return the remaining balance of the Damage Deposit within fifteen (15) days after the Check-Out Date and following a satisfactory inspection of the Property by the Owner / Owner’s Agent. Guests will be notified of any damage/costs in writing prior to any charges being processed.

Fraud & Falsified Reservations

Guests who make reservations under false pretences will not be permitted to check-in to the Property and agree to forfeit the Rental Fee, including, but not limited to, the Reservation Deposit, and the Damage Deposit.

Parking

The Guest acknowledges and agrees that the Owner / Owner’s Agent will provide no parking for the Property or for the Guest and that any illegally parked cars may be subject to towing. The Guest agrees that applicable fines and towing fees are the sole responsibility of the vehicle Owner / Owner’s Agent.

Vacation Rental Insurance

The Owner / Owner’s Agent strongly recommends Guests purchase travel insurance to protect themselves against any unexpected events that occur as a result of the Guests’ trip or occupation of the Property. Guests acknowledge that they have had the opportunity to purchase travel insurance and if Guests did not avail themselves of that opportunity prior to signing this Rental Agreement, they did so voluntarily without any pressure or influence by the Owner / Owner’s Agent.

Errors & Omissions

The Property is listed on multiple online travel agencies in a variety of languages. The information on the Property that the Owner / Owner’s Agent provides to the online travel agencies is written in English and is uploaded to the U.S. hosted version of their respective websites. The Owner / Owner’s Agent strongly recommends that Guests review the original listing on the U.S. version of the online travel agency prior to booking the Property. Guests agree that the Owner / Owner’s Agent is not responsible for any errors, omissions, or issues related to the information on the Property provided to the online travel agencies, including, but not limited to, translation errors, external hosting errors, or any differences between U.S. versions and international versions of the online travel agencies.

Responsible Renter Policy

Guests agree that they are occupiers of the Property as defined by the Occupiers Liability Act, RSCBC 1996, C. 337, and that they owe a duty of care at all times to all family members, guests, invitees, and persons (collectively, the “Occupants”) on the Property. Guests agree to be solely responsible for the Property and for the actions of all Occupants and to ensure that all Occupants understand and comply with the terms of the Rental Agreement. Guests agree that no persons who are not of the Minimum Age will be permitted on the Property unless they are accompanied by a parent or legal guardian at all times.

Guests agree to close and lock the doors and windows when they are not present in the Property and when departing on the Check-Out Date.

Minimum Age (25 Years) & Maximum Sleeping Capacity (4 Persons)

The Owner / Owner’s Agent will not rent the Property to any persons under 25 years of age (the “Minimum Age”). By accepting this Rental Agreement, each Guest represents and warrants that they are of the Minimum Age. Each Guest agrees to provide to the Owner / Owner’s Agent proof of age upon request in the form of government issued photo identification within twenty-four (24) hours of placing the reservation. If the Guests do not provide government issued photo identification upon request, the Owner / Owner’s Agent may cancel the reservation. Guests may permit persons or Occupants who are under the Minimum Age (“Underage Guests”) onto the Property if the Underage Guests are accompanied at all times by a parent or legal guardian.

The Property’s maximum sleeping capacity is four (4) persons, including children, and the Guest agrees not to permit more than four (4) persons to sleep in the Property overnight. Guests will be required to vacate the Property, and to ensure that all Occupants vacate the Property, and forfeit the Rental Fee and Damage Deposit if they misrepresent their age or if more than four (4) persons stay overnight in the Property during the reservation.

Good Neighbour Policy

Guests agree to conduct themselves during their stay in a manner that is respectful of and not disruptive to neighbors, residents, occupants, or any other persons residing in the Aspens complex, and to not prompt complaints from the front desk staff at the Aspens, neighbors, police, security, or the Aspens’ strata council. In accordance with Resort Municipality of Whistler Bylaw No. 1660, 2004 (the “Bylaw”), any amplified music or speech audible from outside the Property and emanating from inside the Property is prohibited between the hours of 10:00 PM and 8:00 AM. Guests may be required to vacate the Property if they are found in breach of the Bylaw.

No Permanent Residence

Guests agree that their use of the Property:
(a) is solely on a temporary and transient basis; and
(b) is not for the purpose of establishing a permanent residence.

Guests represent and warrant that their permanent residence is and remains elsewhere other than at the Property, and that Guests have no intention of creating a tenancy between themselves and the Owner / Owner’s Agent.

Obligation to Inspect & Report Upon Arrival

Guests agree to immediately report any and all damage to or issues with the Property to the Owner / Owner’s Agent by email with supporting documentation as soon as they become aware of the damage or issue. The Owner / Owner’s Agent will make its best efforts to rectify any problems in due course. Guests who fail to notify the Owner / Owner’s Agent of any problems with the Property during their stay will forfeit their claims against the Owner / Owner’s Agent in regards to the Property’s condition following their departure.

Cleaning Surcharge & No Daily Housekeeping Services

(a) Guests agree to pay the Cleaning Surcharge as determined by the Owner / Owner’s Agent as part of the Rental Fee.
(b) The Owner / Owner’s Agent does not offer a daily cleaning service for the Property. Guests may request a mid-stay clean for an additional charge of $79.00 plus applicable taxes by advising the Owner / Owner’s Agent at least two (2) weeks in advance. Regardless, the Owner / Owner’s Agent will provide a complimentary mid-stay clean to Guests who book the Property for fourteen (14) nights or longer.

Hazardous Practices

Guests may use the BBQ grill on the deck in the location provided only. No open flames (i.e. candle burning) are permitted on the deck or in the Property. Guests are not permitted to tamper with or dismantle smoke detectors in the Property.

No Pet Policy

No animals or pets of any kind are permitted on the Property (the “Pet Policy”).

Criminal Activity Prohibited

Guests agree that they are prohibited from using the Property for any criminal activities or for facilitating criminal activities. Guests will be responsible for ensuring that all persons invited onto the Property do not engage in any criminal activities on the Property, including, but not limited to:
(a) drug-related criminal activities;
(b) solicitation (pimps, prostitution activity, etc.);
(c) street gang activities;
(d) assault or threatened assault;
(e) unlawful use of a firearm;
(f) internet service related criminal activities, including, but not limited to,
unlawful downloads of copyrighted material; and
(g) any criminal activity that threatens the health, safety or welfare of the
Owner / Owner’s Agent, the Guests, the Occupants, or any persons on the property.

No Smoking

Smoking is not permitted anywhere on the Property, including on the Property’s private deck. Guests will be required to vacate the Property and will forfeit the Rental Fee and Damage Deposit if a single no-smoking warning is issued by the Owner or the Owner’s Agent. Warnings will be issued in writing to the email address provided by the Guests in the Rental Agreement.

Smoking includes, but is not limited to, smoking cigarettes, cigars, marijuana, and vaping. Guests will be liable for strata fines imposed on the Owner / Owner’s Agent from smoking and will be responsible for all costs the Owner / Owner’s Agent incurs from having to deep clean the carpets, upholstery, ducts, and filters due to smoking (the “Smoke Cleanup”). Guests acknowledge and agree that the smell of smoke by the cleaning crew is a sufficient basis to charge Guests for the Smoke Cleanup.

Utilities & Maintenance

No compensation will be provided to the Guests for:
(a) a temporary outage of electricity, gas, water, cable, Netflix or Internet service; or
(b) maintenance issues including, but not limited, issues with the heating, air conditioning, appliances, televisions, or stereos.

Guests agree to report outages and maintenance issues to the Owner / Owner’s Agent immediately and the Owner / Owner’s Agent will make reasonable efforts to fix the outage as soon as possible.

Entry By Owner / Owner’s Agent or Owner / Owner’s Agent’s Agent (s)

Guests are entitled to quiet enjoyment of the Property subject to any rights of entry by the Owner / Owner’s Agent as provided in this Rental Agreement or at law. The Guest agrees that the Owner / Owner’s Agent or Owner / Owner’s Agent’s agent may enter the Property in circumstances that include, but are not limited to, the following:
(a) in the case of an emergency;
(b) to make any necessary or agreed upon repairs, alterations, or improvements;
(c) to supply necessary or agreed upon services;
(d) if the Guest breaches the Rental Agreement; or
(e) if the Rental Agreement is terminated.

The Owner / Owner’s Agent will provide Guests with at least twenty-four (24) hours notice of the Owner / Owner’s Agent’s intent to enter the Property except in the case of an emergency, if the Guest breaches the Rental Agreement, or if the Rental Agreement is terminated.

Indemnity

(a) The Booking Guest shall indemnify and save harmless the Owner / Owner’s Agent of the Property, including its heirs, employees, servants, agents, predecessors, successors, assigns, officers, and directors, and each of them, against and from all loss, actions, suits, proceedings, costs (which shall include legal fees and disbursements as between solicitor and his own client), expenses, damages and liabilities arising out of, connected with, caused or occasioned by, or resulting from, or alleged to arise out of any failure to forward the Rental Agreement to the other Guests and persons booking the Property or to return to the Owner / Owner’s Agent the Rental Agreement fully executed by all the Guests and persons booking the Property. It is expressly agreed that notwithstanding the termination of this Rental Agreement in whole or in part, whether by effluxion of time or otherwise, or the release or discharge from this Rental Agreement, or the release or discharge of the Guests from the obligation to pay the Rental Fee, the provisions of this section shall, as to any act, omission, matter or thing which shall have been done or have occurred or arisen prior to such termination, release or discharge as aforesaid, continue in full force and effect.

(b) Guests shall indemnify and save harmless the Owner / Owner’s Agent of the Property, including its heirs, employees, servants, agents, predecessors, successors, assigns, officers, and directors, and each of them, against and from all loss, actions, suits, proceedings, costs (which shall include legal fees and disbursements as between solicitor and his own client), expenses, damages and liabilities arising out of, connected with, caused or occasioned by, or resulting from, or alleged to arise out of this Rental Agreement, or the Guests’ occupation or use of the Property. It is expressly agreed that notwithstanding the termination of this Rental Agreement in whole or in part, whether by effluxion of time or otherwise, or the release or discharge from this Rental Agreement, or the release or discharge of the Guests from the obligation to pay the Rental Fee, the provisions of this section shall, as to any act, omission, matter or thing which shall have been done or have occurred or arisen prior to such termination, release or discharge as aforesaid, continue in full force and effect.

Disclaimer

The Owner / Owner’s Agent is not responsible for any accidents, injuries, or illness that occurs to the Guests on the Property or on the common areas of the Property, including, but not limited to, on the private and common patios, or in the spa, pool, or exercise rooms. The Owner / Owner’s Agent is not responsible for the loss or damage to the Guest’s personal belongings or valuables, including any damage to the Guests’ boots or gloves. By accepting the Rental Agreement, the Guest acknowledges that he/she is aware of the risks, dangers, and hazards associated with using the Property and the common areas, including, but not limited to, usage of the spa, pool, and exercise rooms, and it is agreed that the Guest is expressly assuming the risk of any harm arising from his/her use of the Property and that the Guest is assuming the risk of any harm arising from or to all Occupants or other persons invited on the Property.

Liability for Personal Injury or Death

Neither the Owner / Owner’s Agent nor the Owner / Owner’s Agent’s heirs, employees, servants, agents, predecessors, successors, assigns, officers, and directors of the Property shall, in any event whatsoever, be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the Guest, any member of the Guest’s family, any of the Occupants, or any other person who may be at the Property or the common areas of the Property during the Guest’s stay.

Child Proofing

The Guest acknowledges that the Property is best suited for persons aged seven (7) and older and no efforts have been made to “childproof” the Property. The Guest agrees to accept the risk of any harm that may arise to children who are permitted on the Property, regardless of age. These risks include, but are not limited to, access to the patio, access to electrical outlets, access to the propane tank and BBQ, access to cleaning supplies, and access to plants that may be poisonous if ingested.

Check-Out & Procedures

The code to the Property will be automatically disabled at 10:00 AM on the Check-Out Date. Guests who do not vacate the Property by 10:00 AM will be charged for one (1) additional night’s stay at the current rate for that date.

House Rules

The Guest agrees to abide by and obey the house rules as set out in Schedule “A” of the Rental Agreement (the “House Rules”) and agree that the House Rules are binding on all parties to this Rental Agreement. In the event of a conflict between the provisions of the Rental Agreement and the House Rules, the Rental Agreement shall prevail. The House Rules is not intended to supersede the Rental Agreement or to vary, affect or effect a merger of any of the terms thereof and is ancillary and subordinate to the Rental Agreement.

Breach of Contract

The Guests’ failure to pay the Rental Fee, the Damage Deposit, or any other amounts when due or to perform or abide by any other provision of this Rental Agreement shall constitute a material breach of this Rental Agreement and a default by the Guests (the “Default”). If the Default occurs, the Owner / Owner’s Agent shall have, without prejudice to any other rights which is has pursuant to this Rental Agreement or at law, the right to:
(a) terminate the Rental Agreement and all of the Guests’ rights thereunder;
(b) apply all or part of the Damage Deposit to rectify in whole or in part any financial default of the Guests;
(c) recover from the Guests all damages, reasonable costs and expenses incurred by the Owner / Owner’s Agent as a result of any default by the Guests; and
(d) in addition to all other remedies available to the Owner / Owner’s Agent at law or in equity, the Owner / Owner’s Agent shall be entitled as a matter of right to apply to a Court of competent jurisdiction for such relief by way of restraining order, temporary or permanent injunction, to cure any such breach, or as may be appropriate, to ensure compliance with the provisions of this Rental Agreement.

The Guests agree to vacate the Property immediately upon receiving written notice from the Owner / Owner’s Agent that the Rental Agreement has been terminated. The Guests agree that the Owner / Owner’s Agent may share the Guests’ contact information with the Owner / Owner’s Agent’s internet service provider, or any other interested party, if the Owner / Owner’s Agent is notified of the unauthorized downloading of any copyrighted material from the Property’s internet service during the Guests’ stay.

Additional Charges

The Guest authorizes the Owner / Owner’s Agent to bill the credit card used to pay the Rental Fee for the following additional charges:
(a) a maximum of $1,000 for violations of the Pet Policy;

(b) a maximum of $500 for violations of the House Rules;

(c) a maximum of $500 for excessive or additional cleaning;

(d) the amount of all fees and expenses incurred by the Owner / Owner’s Agent to hire security to escort the Guest off of the Property if the Guest refuses to vacate the Property pursuant to the terms of this Agreement;

(e) the amount of all fines issued to the Owner / Owner’s Agent, including, but not limited to, fines issued by the police, the municipality, the strata council, utility providers, or the home Owner / Owner’s Agent association; and

(f) for all damages and expenses incurred by the Owner / Owner’s Agent as a result of any damage or loss that occurs to the Property during the Guests’ stay.

Survival of Representations & Warranties

The representations, warranties, covenants and agreements of the Guests contained in this Rental Agreement and in any document or certificate given under this Agreement shall survive and continue in full force and effect for the benefit of the Owner / Owner’s Agent for a period of three (3) years after the Check-Out Date, notwithstanding any waiver by the Owner / Owner’s Agent unless such waiver was made after notice in writing by the Guests to the Owner / Owner’s Agent setting forth the breach.

Claims

For the purposes of this Agreement, “Claim” means any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise and whether pre-existing, present or future) arising out of or relating to this Rental Agreement or the relationships which result from this Rental Agreement (including relationships with third parties who are not parties to this Rental Agreement).

In the event of any Claim by the Guest, the Guest will notify the Owner / Owner’s Agent and all other parties that may be included in the Claim in writing (the “Claim Notice“). Should the Guest and the Owner / Owner’s Agent after negotiations in good faith fail to reach a settlement within ninety (90) days of receipt of the Claim Notice by the Owner / Owner’s Agent or as extended at the mutual agreement of the Owner / Owner’s Agent and the Guest (the “Negotiation Period“), either the Owner / Owner’s Agent or the Guest may elect to proceed to arbitration by notice to be delivered in writing to the other party within ten (10) business days of the expiry of the Negotiation Period (the “Arbitration Election Period“). If either party elects to proceed to arbitration, the Claim will then be determined by private, confidential and binding arbitration in accordance with the provisions of the Commercial Arbitration Act (British Columbia), by a single arbitrator as agreed to by the parties or as appointed in accordance with the provisions of the Commercial Arbitration Act (British Columbia). The successful party in the arbitration shall be entitled to costs on a full indemnity basis. The Guest agrees not to commence any legal proceedings in court in respect of a Claim until the expiry of the Arbitration Election Period and only then in the event neither party has elected to proceed to arbitration.

Entire Agreement

This Rental Agreement constitutes the entire agreement between the parties hereto and no agreement purporting to amend or modify this Rental Agreement shall be valid or binding unless in writing and signed by all parties hereto.

Time Of The Essence

Time is and shall be and remain in all respects of the essence hereof.

Governing Law

This Rental Agreement shall be construed in accordance with and shall be governed by the laws of the Province of British Columbia.

Endurement

Save as otherwise herein expressly provided, this Rental Agreement shall endure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns.

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