This Rental Agreement and Contract (the âAgreementâ) is a legally binding agreement made and entered into as of the Reservation Date between the person(s) or company (the âGuestâ) and the owners, pursuant to which the Guest has agreed to rent the residence described below (the âPropertyâ), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.
We are proud to offer our guests a 100% SMOKE FREE PROPERTY. Smoking of any kind, with any substance, including vaping, is not permitted anywhere in or on the property at any time.
Due to allergy concerns of some of our guests, Villa Magnolia has a NO PETS policy, with no exceptions.
VILLA MAGNOLIA IS NOT SUITABLE FOR CHILDREN and no persons under the age of 19 are allowed to stay at Villa Magnolia Guest House at any time for any reason.
Villa Magnolia is a shared Guest House and, like any B&B or shared Guest House, we want to ensure all of our guests have a lovely experience. We expect our guests to be respectful of each otherâs space and mindful of noise levels so not to disturb other guests. Shoes cannot be worn inside any suite – please remove shoes to prevent noise, and to prevent dirt/sap/germs from being tracked into the suites.
Villa Magnolia is in a quiet residential area; therefore we ask our guests to please respect our quiet time of 10pm for outdoor areas.
PAYMENT TERMS: An advance payment equal to 50% of the total rental is required upon booking to reserve the booking period (if initial booking takes place within 30 days of the reservation, the entire rental amount is due upon booking). The advance payment will be applied toward the total fee. Payments will be arranged via PayPal or email transfer with the owner. The BALANCE OF THE BOOKING is due 30 days prior to arrival.
CHECK-IN is 4pm or later, CHECK-OUT is 10am.
Early check-ins and late check-outs will not be possible.
CANCELLATIONS:
We will refund the initial deposit less a $75 cancellation fee if the reservation is canceled in writing more than 30 days prior to arrival. Within 14 to 30 days of check-in date (after the balance is paid), 50% of the total booking amount will be refunded. Within 14 days of check in date, the full amount of the booking will be charged and there will be no refund.
MAXIMUM OCCUPANCY:
Guest agrees that no more than 2 persons shall be permitted in the Suite or on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement. Only registered guests are permitted on the property, with no exceptions. GUEST VISITORS WILL NOT BE ALLOWED ANYWHERE ON VILLA MAGNOLIA PROPERTY AT ANY TIME, for any reason, for any length of time, and no exceptions will be granted under any circumstance. As Villa Magnolia is not a vacation rental, friends or family traveling together may not book multiple suites if The Nest suite is involved – The Perch and The Roost suites may be booked together for a maximum of two people per suite, but The Nest suite can only be a maximum of two people traveling on their own; neither The Perch nor The Roost may be booked together with The Nest.
CONDITION AND USE OF PROPERTY
The Property is provided in âas isâ condition. Villa Magnolia shall use their best efforts to ensure the operation of all amenities in the Property, such as internet access or cable TV access as applicable. Villa Magnolia shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible.
Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbours or other guests, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
FALSIFIED RESERVATIONS: Any reservation obtained under false pretence will be subject to forfeiture of advance payment, deposit and/or rental money, and the party will not be permitted to check in.
DEFAULT: If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
RISK OF LOSS AND INDEMNIFICATION
Guest agrees that all personal property, furnishings, personal effects and other items brought into the Property by Guest or their permitted guests shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Owners/Villa Magnolia shall not be responsible or liable for any reason whatsoever.
Guest hereby covenants and agrees to indemnify and hold harmless Owners/Villa Magnolia, and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Owner and Rental Agent harmless in all such cases.
RELEASE
Guest hereby waives and releases any claims against the Property Owners/Villa Magnolia and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guestâs own initiative, risk and responsibility.
ENTRY AND INSPECTION
Owners or their assigned agents reserve the right to enter the Property at reasonable times and for the purposes of inspecting the Property. If Owners have a reasonable belief that there is imminent danger to any person or property, or any unlawful activity occurring on the Property, Owners or their assigned agents may enter the Property without advance notice.
ADDITIONAL TERMS TO THE RENTAL AGREEMENT
In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guestâs rental of the Property:
GENERAL PROVISIONS
This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Owners. This Agreement shall be governed by the laws of the Province of British Columbia, Canada. The words âOwner,â âAgentâ and âGuestâ shall include their respective heirs, successors, and representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.
The Renter agrees to indemnify and save from harm the owners of Villa Magnolia at 3129 Hayman Road, Naramata, BC V0H 1N1, and their agents and employees, from any liabilities, loss, damage, cost, expense, whatsoever arising from or related to any claim or litigation which may arise out of or in connection with your use and occupancy of the property, including but not limited to any claim or liability for personal injury or damage or loss of property incurred or sustained by you, your guests or invitees, and without regard to whether such persons have authority under this rental agreement to be upon the premises.
In checking the âTerms and Conditionsâ box and upon making the reservation, the renter agrees to all terms and conditions contained within the rental contract, and is legally bound to all points contained herein.