Short Term Occupancy Agreement (the "Agreement")

Primary Contact

Name of Guest(s): {{guest_name}}

Guest Phone Number: {{guest_phone}}

Check-in Time and Date: {{checkin_time}} PM on {{checkin_date}} (the "Check-in Date")

Check-out Time and Date: {{checkout_time}} AM on {{checkout_date}} (the "Check-out Date")

Fees & Charges

Occupancy (the "Occupancy Charge"): Determined at the time of the Guests' online booking of the Accommodation ("the Reservation")

Booking Fees: Determined at the time of the Reservation

Security Deposit (the "Deposit"): $500

Pet Fee (the "Pet Fee"): $50 per pet

Terms of the Agreement

Giselle (Gigi) Kathleen Jakobs & Anne Taylor (the “Owners”) hereby grant short-term occupancy to the Guests of the following located at 187 Calder Road, Nanaimo, BC V9R 6J2, namely:

The 2-bedroom basement suite with furnishings and amenities as listed at https://www.urbangardensuitesnanaimo.ca/listings/113426
The outdoor patio area off the carport
Up to 3 parking spots in the carport or driveway

(collectively, the “Accommodation”)

The “Guests” includes those persons who are listed on the Check-In Form, which must be submitted prior to {{checkin_date}}. The Primary Contact {{guest_name}}, in signing this agreement acknowledges that all other guests are aware of, and have agreed to these Terms of Agreement.

OCCUPANCY

1. The Guests will pay to the Owner at the Reservation:

more than 14 days before the Check-In Date, 50% of the Occupancy Charge; and
14 or less days before the Check-In Date, the Total Due, less any amount already paid to the Owners by the Guests.

2. If the Guests do not pay to the Owners any amount due to the Owners on the day and at the time that the amount is due, short-term occupancy immediately ceases and this contract is immediately terminated, except for any payment obligations of the Guests to the Owners.

3. If the Guests cancel their short-term occupancy prior to the Check-In Date, the Owners will pay 100% of the Deposit to the Guests, and if the Guests cancel:

more than 28 days before the Check-In Date, the Owners will refund to the Guests 100% of any amount paid by the Guests to the Owners;
more than 14 days but within 28 days of the Check-In Date of the Guests’ short-term occupancy of less than 28 days, the Owners will retain 50% of the Occupancy Charge;
within 14 days of the Check-In Date of the Guests’ short-term occupancy of less than 28 days, the Owners will retain 100% of the Occupancy Charge;
within 28 days of the Check-In Date of the Guests’ short-term occupancy of 28 days or more, the Guests will pay to the Owners 100% of the Occupancy Charge (for a maximum of 28 days).

4. The Guests will:

not permit any person over the age of 18 that is not listed in this agreement to be in the Accommodation after 10 PM and before 7 AM each day, and will not permit more than 6 persons (including Guests) over the age of 2 to be in the Accommodation at any time;
pay to the Owners $50 for each hour, or any part thereof, that any of the Guest(s) is in the Accommodation after the check-out time on the Check-Out Date;
pay to the Owners all reasonable costs, attorney's fees and expenses incurred by the Owners in enforcing this Agreement;
forfeit the Deposit and any other amount paid to the Owners if any term of this Agreement is breached by the Guests;
pay to the Owners the amount to repair any damages to the Accommodation during the Occupancy or to replace any missing property at the end of the Occupancy less any Deposit retained by the Owners; and
expressly acknowledge and agree that this Agreement is for transient occupancy of the Accommodation, and that the Guests do not intend to make the Accommodation a residence or household.

HOUSE RULES

5. The Guests will:

comply with all House Rules and manuals as provided to the Guest(s) prior to the Check-In Date;
maintain the Accommodation in a good, clean, and ready-to-occupy condition, and use the Accommodation only in a careful and lawful manner;
not make any excessive noise after 10 PM and before 7 AM each day;
inform the Owners immediately, if the Guests use any fire extinguisher;
inform the Owners immediately, if a fire alarm “chirps” or has a low battery condition;
if the proper operation of any item, appliance, or utensil is not fully understood seek help prior to use;
may use any consumables that exist at the Accommodation when the Guests arrive;
not bring fireworks, explosives, firearms, weapons, ammunition or other hazardous materials into the Accommodation;
not smoke or use vaping devices in the Accommodation; except the Guests may smoke or use vaping devices in the carport, disposing of all smoking materials safely;
not wear shoes inside;
not have any open flames indoors, such as candles, incense, etc.;
not cook fresh-caught shellfish indoors, such as oysters, clams, mussels, crabs, etc.;
be responsible for getting any consumables not provided for by the Owners; and
inform the Owners of any broken or damaged items inside the Accommodation.

6. The Guests may:

request the Owners’ permission to have up to 2 dogs not exceeding 25kg each, and if approved, the Guests will pay to the Owners the Pet Fee as set out above;
request the Owners’ permission to use the shared laundry from 9am to 9pm; and
request the Owners’ permission to use the propane stove in the carport.

7. The Owners will:

set air conditioning and other climate control at their sole discretion;
provide towels, linens, cups, cutlery, and dishes and a one-time limited supply of toilet paper, soap, dish soap, and shampoos;
not reimburse the Guests for unused consumables left at the Accommodation; and
provide key codes 24 hours prior to the check-in time on the Check-In Date for the Guests’ entry at the check-in time on the Check-In Date.

8. The Owners may:

enter the non-common areas of the Accommodation without prior notice at any time in an emergency as determined at the sole discretion of the Owners;
enter the non-common areas of the Accommodation for any reason with 24-hour notice in advance of the Owners entry into the Accommodation;
enter the common areas of the Accommodation at any time; and
dispose of any personal property left behind by the Guests at the Owners’ sole discretion.

INDEMNIFICATION

9. The Guests will indemnify and hold harmless the Owners against any and all claims of personal injury or property damage or loss arising from use of the Accommodation regardless of the nature of the accident, injury or loss.

INSURANCE

10. The Guests expressly recognize that any insurance for Accommodation damage or loss which the Owners may maintain on the Accommodation does not cover the personal property of Guests.

SEVERABILITY

11. Should any part of this agreement be declared or held to be invalid for any reason, the invalidity shall not affect the validity of the remainder of this agreement which shall continue in full force and effect and be construed as if this agreement had been executed without the invalid portion and it is hereby declared the intention of the parties that this agreement would have been executed without reference to any portion that may, for any reason, be hereafter declared or held invalid.

GOVERNING LAW

12. The Agreement shall be governed by and construed in accordance with the laws of British Columbia and the applicable federal laws of Canada, and the parties hereby attorn to the exclusive jurisdiction of the British Columbia courts.

ENTIRE AGREEMENT

13. The provisions herein constitute the entire agreement between the parties and supersede all previous communications, representations and agreements, whether verbal or written, between the parties with respect to the subject matter hereof.

The parties have executed this agreement on {{reservation_date}}.

Short-Term Occupancy Agreement