Revised: November 7, 2012
AlluraDirect.com Subscription Agreement
Now therefore this agreement witnesses that for and in consideration of the premises and of the mutual covenants and agreements and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged by the Owner and/or Contact and Alluradirect.com (the “parties”), the parties hereto agree each as follows:
AlluraDirect.com Subscription Services & Responsibilities
- Upon payment of the Subscription Fee, the Owner and/or Contact accept the offer of AlluraDirect.com to provide the Services (as described in this section) upon the terms and conditions contained in this Agreement.
- AlluraDirect.com shall perform the general services of a vacation rental software, marketing and vacation rental consultant with respect to the Property, which shall include the following (the “Services”):
- AlluraDirect.com shall advertise the Property for rent on AlluraDirect.com's Internet world wide web site located at www.alluradirect.com (the “Web Site”), and that advertisement shall include the following:
- A description of the Property; and
- Reservation contact information; and
- Space for at least 30 photographs illustrating the Property (the “Photos”).
- Vacation rental management software
- A private DirectVacations.com web site to handle non-AlluraDirect.com business leads
- AlluraDirect.com shall deliver by email to the Owner and/or Contact inquiries received by AlluraDirect.com from third parties seeking accommodation in the Property.
- AlluraDirect.com is responsible for the successful deployment of the e-mail correspondence from the Alluradirect.com server network to the Owner and/or Contact's Internet Service Provider, but is not responsible or liable for the service or lack thereof, provided by the Owner and/or Contact's Internet Service provider and their ability to deliver mail from AlluraDirect.com to the Owner and/or Contact's personal e-mail account.
- AlluraDirect.com will register all General Inquiries and Reservation Requests to the Owner and/or Contact's AlluraDirect.com property page to ensure a web-based duplicate record of business leads.
- It is the Owner and/or Contact's responsibility to check and respond to their AlluraDirect.com-generated business leads from their AlluraDirect.com web sites.
- AlluraDirect.com shall provide vacation rental advice to the Owner and/or Contact, however, AlluraDirect.com is not responsible for the consequences of any decisions or actions that the Owner and/or Contact take, even if it stems from advice dispensed from AlluraDirect.com itself.
- AlluraDirect.com shall not be responsible or liable for, and the Owner and/or Contact will assume complete responsibility and liability for:
- the operational management of the Property;
- securing and transacting reservations for the Property;
- the rental performance of the Property;
- any consequences arising from publishing the description of the Property and the Photos on the Web Site;
- any consequences arising from illegal rental of the Property by the Owner and/or Contact;
- all rental operations of the Property, other than for providing the Services;
- compliance with all tax obligations arising from the rental of the Property;
- remittance of all appropriate taxes to the appropriate governmental authorities;
- compliance with Canadian and International privacy laws; and
- property conditions, cleanliness, meeting rental property safety and fire regulations, having the appropriate rental property insurance.
- A waiver of any of the terms and conditions of this Agreement shall not be construed as a general waiver by either party, and such party shall be free to reinstate any such term or condition, with or without notice to the other party.
- This Agreement shall be construed in accordance with the laws of the Province of British Columbia, without regard to its conflicts of laws rules, and the laws of Canada enforce herein. The Parties shall exclusively attorn to the British Columbia Supreme Court or the British Columbia Provincial Court, as the case may be, and the Parties agree not to begin a lawsuit or arbitration in any other court.
- This Agreement contains the entire agreement between the Parties and supersedes all previous negotiations, understandings and agreements, verbal or written with respect to any matters referred to in this Agreement. The Parties may enter into further written agreements to clarify and expand the nature of their contractual relationship. This Agreement shall ensure to the benefit of the Parties, their respective heirs, administrators, successors and assigns. AlluraDirect.com reserves the right to amend this agreement, from time to time, and that if the Owner and/or Contact does not terminate after receipt of the new agreement, they are thereby accepting the terms as set out.
- Notices shall be delivered to AlluraDirect.com or the Contact by e-mail using the e-mail addresses registered at the time of joining and on the AlluraDirect.com Property Page, and shall be effectively delivered upon receipt.
- The Owner and/or Contact shall not assign their rights and obligations under this Agreement.
- AlluraDirect.com may assign AlluraDirect.com's rights and obligations under this Agreement.
- AlluraDirect.com prohibits the dissemination or promotion of hate, injury, prejudice, discrimination, pornography and slander. Should an Owner and/or Contact participate in this type of behaviour, AlluraDirect.com will immediately terminate all service with the Owner and/or Contact without a refund.
- Whenever the singular or masculine or neuter is used throughout this Agreement, the same shall be construed as meaning the plural or feminine or body corporate as the context or the Parties may require.
- If any provision in this Agreement is invalid, illegal or unenforceable in any respect in any jurisdiction, the validity, legality and enforceability of such provision shall not be affected or impaired in any other jurisdiction and the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby, unless in either case as a result of such determination this Agreement would fail in its essential purpose.
Duration of Subscription and Terms of Termination
- The term of this Agreement shall commence, as noted in item (i) and (ii):
- the date that AlluraDirect.com receives this Agreement fully executed without modifications, and
- the date that AlluraDirect.com receives the Subscription Fee (the "Term")
- And will be renewed on a 12 month basis of each and every consecutive calendar year if the Owner and/or Contact has paid the subscription fee. Irrespective of the Owner or Contact's account activation or renewal status or subscription fee payment status on AlluraDirect.com, the Owner and Contact are bound by their Subscription Agreement obligations to ALL guests who used AlluraDirect.com to book the Owner and/or Contact's lodging.
- The subscription period commences at the time the subscription fee is paid, irrespective of the property page activation status.
- In the event the Owner and/or Contact delays in creating the property page causing extended periods of property page inactivation, the subscription period will not be extended.
- The Owner and/or Contact may terminate this Agreement at any time without refund of any portion of the Subscription Fee, by providing written notice by e-mail to AlluraDirect.com and upon receiving such notice, AlluraDirect.com shall remove within one (1) week, the description and the Photos from the Web Site. Upon termination, the Owner and/or Contact relinquish all interest and rights to their AlluraDirect.com and DirectVacations.com web sites, including the property's property ID and DirectVacations.com subdomain name.
- AlluraDirect.com may terminate this Agreement at any time at its sole and absolute discretion by providing written notice to the Owner and/or Contact, and upon such termination, shall pay to the Owner and/or Contact a refund of the unused portion of the Subscription Fee calculated as if it were pro-rated over the Term. Upon delivering such notice, AlluraDirect.com shall remove within one (1) week, the description and the Photos from the Web Site. Upon termination, the Owner and/or Contact relinquish all interest and rights to their AlluraDirect.com and DirectVacations.com web sites including the property's property ID and DirectVacations.com subdomain name.
- If any terms of this Agreement are violated, AlluraDirect.com may terminate this Agreement at any time at its sole and absolute discretion by providing written notice to the Owner and/or Contact, and terminating services without a refund. Upon delivering such notice, AlluraDirect.com shall remove within one (1) day, the description and the Photos from the Web Site. Upon termination, the Owner and/or Contact relinquish all interest and rights to their AlluraDirect.com and DirectVacations.com web sites including the property's property ID and DirectVacations.com subdomain name.
Rights and Representations
- The Owner and/or Contact acknowledge that neither has any right or interest in the following names:
- Allura; Allura Accommodations; Allura Accommodations Ltd. ; AlluraDirect.com ; AlluraDirect.com Vacations; www.AlluraDirect.com; AlluraDirect; DirectVacations.com; Direct Vacations; The distinctive logos used by AlluraDirect.com Vacations Ltd. and DirectVacations.com or in any confusingly similar name or logo (the “Marks”)
- The Owner and/or Contact agree that AlluraDirect.com is the sole owner of all of its written material and web site graphic design, and that reproduction or unauthorized distribution or re-distribution of material, or reproduction of graphic design content produced by AlluraDirect.com is strictly forbidden unless the Owner and/or Contact has obtained the prior written consent of AlluraDirect.com.
- The Owner and/or Contact agree that AlluraDirect.com is the sole Owner of all statutory and common law rights in the Marks, and that neither of them shall use, directly or indirectly, the Marks, or any confusingly similar mark or trade-mark, during or after the Term of this Agreement, unless the Owner and/or Contact has the prior written consent of AlluraDirect.com.
- The Owner shall not represent their relationship with AlluraDirect.com other than as a customer of an unrelated and independent company that has been contracted by the Owner and/or Contact to provide rental marketing, reservation management software, transaction processing and consulting services.
- The Owner and/or Contact have no ownership rights relating to any of the software or URLs used by the Owner and/or Contact on AlluraDirect.com or DirectVacations.com.
- AlluraDirect.com has no ownership rights to the Owner and/or Contact's Property page content and photographs during the Subscription Term. Upon the termination of the Owner and/or Contact's Subscription Term, the Owner and/or Contact release all ownership and accessibility rights to the property page's database contents and images until the Subscription Term is renewed or reactivated. Should the Subscription Term not be renewed, AlluraDirect.com reserves the right to destroy all of the Owner and/or Contact's property page database contents and images, and may not assign the content and images to another Owner and/or Contact. AlluraDirect.com may assign the property page property ID and DirectVacations.com site name to another Owner.
- Irrespective of whether the Owner or the Contact has paid for the AlluraDirect.com subscription, the Owner has ownership rights to the property page, the content and the customer database associated with the subscription.
- AlluraDirect.com reserves the right to implement appropriate and suitable upgrades and content to the Owner and/or Contact's property display page.
- AlluraDirect.com reserves the right to verify property ownership and proof of ownership must be provided before a property page can be activated.
- AlluraDirect.com reserves the right to report any Owner and/or Contact complaints to applicable tourism, business, governmental, licensing and legal authorities.
- Should AlluraDirect.com receive a complaint from any tourism, business, legal, licensing or governmental authority regarding an Owner/Guest, the Owner's property page or the Guest's account will be immediately suspended until the complaint is resolved. Property page subscription will be non refundable and Owner/Guest account will not be reactivated until a successful resolution is reached.
Rental Accommodation Bylaws
- The Owner and Contact are legally responsible for, accountable to, and accept all consequences of, all legal restrictions and uses of their properties and shall hold AlluraDirect.com harmless in all matters relating to the legal uses of their properties advertised on AlluraDirect.com.
- The owner must disclose whether or not their advertised minimum night stay policies are compliant with their legally permitted rental accommodation use in Policies>Rental Accommodation Zoning. If the property is not zoned for the advertised minimum night stay, the owner must state whether there are any material consequences to the guest of the advertised use.
- Should AlluraDirect.com be made formally aware in writing by governmental officials, of properties on AlluraDirect.com whose minimum night stay requirements are not compliant with their legally permitted rental accommodation use, AlluraDirect.com will terminate services to the properties in question, without a refund.
- All communications between AlluraDirect.com and the Owner and/or Contact will be via email.
Customer Privacy & Information; Use of Customer Data
- Any personal Guest or prospective Guest information that the Owner and/or Contact receive via the web site or via e-mail from Guests or prospective Guests is only to be used for its intended purposes, which is to rent the applicable property listed on AlluraDirect.com.
- AlluraDirect.com retains the right to acquire customer information from Guests and prospective Guests who have accessed the Owner and/or Contact via their Property display page through AlluraDirect.com in accordance with the guidelines outlined in Canadian and International privacy laws.
- AlluraDirect.com will not release, sell or make available to any third parties, except when required by force of law or in co-operation with authorized law enforcement officials, personal, individual Owner, Guest-and Contact-related information within the Owner Administration area of their AlluraDirect.com web site, without the prior written consent of the individual Owner, Contact or Guest.
- AlluraDirect.com reserves the right to extract, assess and make available pooled statistical property and reservation data from multiple numbers of properties, but is restricted from making known the personal identities of either the Owners, Contacts or Guests who are personally connected to those properties used for statistical analysis.
Referral Subscription Extension
- An existing active Owner and/or Contact may receive a referral subscription extension for a new property activation on the AlluraDirect.com vacation rental directory. The new property account must list the referring Owner and/or Contact at the time of joining the new account during the online sign-up process.
Outstanding Unpaid Invoices
- Any outstanding unpaid invoices will result in temporary property page(s) inactivation until all debts to AlluraDirect.com and/or Guests are paid.
- AlluraDirect.com shall accept each Assigned Rent when the Guest submits their credit card information to AlluraDirect.com via the Owner and/or Contact's individual web site within the AlluraDirect.com web site.
- AlluraDirect.com shall pay the Payee as consideration for the Assigned Rent the amount that is received as the Assigned Rent, less the current merchant fee (4%) and/or any portion of Part VIII tax (Non-Resident Tax) as required under the Canadian Income Tax Act. AlluraDirect.com shall pay this amount (the "Net Rental") to the Payee by electronic funds transfer or by cheque that is mailed by AlluraDirect.com using regular mail service within 5 business days of AlluraDirect.com collecting the Assigned Rent from the Guest.
- If AlluraDirect.com cannot collect the entire amount of the Assigned Rent from the Guest through an authorization against the Guest's VISA or Mastercard, AlluraDirect.com shall not collect any of the Assigned Rent.
Owner And/Or Contact Responsibilities
- The Owner and/or Contact acknowledge and agree that AlluraDirect.com is only responsible for forwarding the net rental transactions to the registered bank account. AlluraDirect.com is not responsible for any financial arrangements or transfers between the Registered Account Holder and the Owner. Non-resident Owners of Canadian rental properties acknowledge that they are subject to 25% non-resident withholding tax obligations under the Canadian Income Tax Act. Any Canadian (individual or company) who forwards rent directly to a non-Canadian resident is deemed a Canadian Agent as defined by the Canadian Income Tax Act and must withhold 25% of rent and remit it directly to CRA.
Non-resident Owners have the following options to reduce their non-resident withholding tax:
- Reduce Non-Resident Withholding Tax by Using AlluraDirect.com as a Canadian Agent for Tax Purposes: AlluraDirect.com's Canadian Agency tax service is an additional annual tax service that is run by a third party professional accounting firm for maximum Owner privacy. AlluraDirect.com receives no direct or indirect payment, kickbacks or referral commissions or financial benefit from this service, which exists solely to assist non-resident Owners comply with their legal tax obligations.
- Reduce Non-Resident Withholding Tax by Using an Independent Canadian Agent: Owners can use any independent Canadian Agent of their choice. AlluraDirect.com will require a Release of Non-Resident Withholding Tax Liability Letter from this Agent stating that they will assume non-resident withholding tax liability before non-resident withholding taxes are reduced by AlluraDirect.com.
Non-resident Owners and their Contacts acknowledge that AlluraDirect.com will withhold and remit 25% of their transacted rent to CRA until the Owner opts to use a Canadian agent to reduce their non-resident withholding tax. Owners can recover this tax by filing annual Canadian income tax returns.
- The Owner and/or Contact must notify AlluraDirect.com of any bank account changes and AlluraDirect.com will be granted 4 business days to change the bank account information.
- AlluraDirect.com is not responsible for recovering money that has been transferred to the incorrect bank account as result of Owner and/or Contact error in providing accurate bank account info or by failing to notify AlluraDirect.com of bank account changes.
- AlluraDirect.com does not assume any responsibility for the supply of accommodation in the Property despite the assignment of the rent to AlluraDirect.com.
- The Owner and/or Contact acknowledge that they are solely responsible for the calculation, collection and remittance of any appropriate hotel or sales taxes to the appropriate government authority with respect to the supply of accommodation in the Property to the Guest. Alluradirect.com is not responsible for determining the appropriateness of the amount of the Assigned Rent or the remittance of taxes to appropriate government authorities.
- The Owner and/or Contact agree to fully configure the following AlluraDirect.com property display page features:
- OwnerAdmin>Contact Info>Emergency Contact
- OwnerAdmin>Contact Info> Property Phone Number and Address
- OwnerAdmin>Payment Settings>Season and Rates. Property must advertise nightly rates for 12 months in advance of current date
- OwnerAdmin>Payment Settings>Taxes
- OwnerAdmin>Payment Settings>Payment Due Dates
- OwnerAdmin>Payment Settings>Reservation Deposit Amounts
- OwnerAdmin>Payment Settings>Damage Deposit Policy
- OwnerAdmin>Templates>ALL TEMPLATES Configured
Charge Back Disputes & Losses
- If AlluraDirect.com suffers a loss on the Assigned Rent (other than the usual collection costs including merchant credit card discount fees) after collecting the Assigned Rent from the Guest through a pre- authorized VISA or Mastercard payment, then AlluraDirect.com shall immediately notify the Owner and/or Contact by email of the nature and amount of the loss and the Owner and/or Contact shall pay AlluraDirect.com the amount of the loss by credit card within 2 business days of receiving notice from AlluraDirect.com. If Owner and/or Contact does not provide payment within 2 business days, the Owner and/or Contact agrees to authorize AlluraDirect.com to subtract the amount owed from future rental income. All AlluraDirect.com property pages managed by Owner and/or Contact will be suspended until payment is received.
- Paying a refund for whatever reason to the Guest after collecting the Assigned Rent is the sole responsibility of the Owner and/or Contact.
Assignment Of Rights
- The Owner and/or Contact may irrevocably assign to AlluraDirect.com his/her/its rights to a rent receivable from a Guest for accommodation in the Property that the Owner and/or the Contact have agreed to supply to the Guest (the “Assigned Rent”).
- The Owner and/or Contact shall make the assignment for the Owner and/or Contact by allowing a Guest access to their payment gateway on the Owner and/or Contact's individual web site within the AlluraDirect.com.com web site.
- The Owner and/or Contact is not obliged to assign his/her/its rights to any particular rent receivable and the Owner and/or Contact may choose to assign some but not all of his/her/its rights to rents receivable as the Owner and/or Contact so chooses in his/her/its absolute discretion.
- The Owner and/or Contact shall not assign their rights and obligations under this Agreement.
- This Agreement is strictly an assignment of the Assigned Rent between the Owner and/or Contact and AlluraDirect.com and does not result in AlluraDirect.com assuming any obligations of the Owner and/or Contact with respect to the supply of accommodation in the Property to the Guest.
Vacation Rental Directory Use, Values & Intents
- The Owner and/or Contact agree to advertise and operate their rental business within the AlluraDirect.com directory with the intent of:
- recognizing that their business will play a significant role in their Guests' personal lives by being associated with the Guests' limited and precious vacation time with friends and family, and therefore accepting this very serious responsibility and running all aspects of their vacation rental business in a manner that helps create a positive Guest experience and vacation memory.
- creating positive web site experiences for Guests, Contacts and Owners using AlluraDirect.com.
- participating in the creation of accurate and non-misleading accommodation search results that lead Guests to their ideal accommodations as quickly as possible.
- empowering the Guest with the ability to make an easy and expeditious reservation decision and booking within the comfort and privacy of their own home 24 hours per day, 7 days per week, on the basis of accurate, thorough and complete information published on the property page alone.
- providing full disclosure of property rates, descriptions, policies, procedures and photos.
- providing a positive Guest experience while the Guest is in the Owner and/or Contact's property
- ensuring that Guests always have rapid access to in-resort support and assistance
- protecting the Guests' or prospective Guests' privacy
ZERO TOLERANCE OWNER ACTIONS that will result in immediate inactivation without a refund. If reactivation does occur, property page payment method must be in mandatory Gateway Open mode.
- Property Misrepresentation / False Advertising
- Missing Owner/Contact Information, Property Address and Telephone Number and Emergency Contact Information
- Missing Minimum Web Site Content
- Not maintaining accurate availability on the Reservation Calendar
- Inaccurate Rates in the searchable column labeled "Rates (night)"
- Inaccurate Minimum Night Stay in the searchable column labeled "Min. Stay"
- Failure to return the entire damage deposit amount owed to the Guest within 30 days
- Failure to supply the Guest a formal tax rebate-compliant receipt upon final payment
- Referral of an AlluraDirect.com lead to a non-AlluraDirect.com listed property
- Baiting & Switching
- Using a non-approved Rental Manager
Failure to respect the following operational and web site standards will result in immediate property inactivation without a refund.
Property Representation/False Advertising
- Property misrepresentation through inaccurate, misleading or incomplete web site data or via e-mail communications, phone calls, or any other communication medium is prohibited and will be treated as false advertising, and reported to the appropriate commercial and judicial authorities, and will be immediately inactivated without a refund. The property page may be reactivated at AlluraDirect.com's sole and absolute discretion.
- The Owner and/or Contact acknowledge that AlluraDirect.com is a search-based vacation rental directory. The searchable fields are: payment method, rates, minimum night stay, size (sq.ft.), size category, property description, number of beds and bathrooms, location and amenities. The Owner and/or Contact agree to honour all criteria entered into the accommodation search tool that causes their property to appear on search results display. This includes advertised rates and minimum night stays, irrespective of any disclaimers or additional comments on the property page that may contradict what is displayed and offered for sale on the search results.
- All information, rates, specials, policies and procedures posted on the Property page at the time that a web site user or prospective Guest makes contact with the Owner and/or Contact, must be honoured at the time that a prospective Guest contacts the Owner and/or Contact by phone, email or by any other communications medium.
- The Owner and/or Contact agree to only publish content and photographs to which they have a legal right to publish. Copying photographs and duplicating content of greater than 50% from any AlluraDirect.com pages is considered a copyright infringement.
- The Owner and/or Contact are forbidden to misrepresent or falsely advertise their participation in AlluraDirect.com's online corporate payment system by displaying the VISA/Mastercard logos on their site, if they are not actively using the AlluraDirect.com's online corporate payment system to process all reservation payments (reservation deposits & balance of payments). This is deemed as false advertising, and will be treated in accordance with provisions previously outlined for false advertising or misrepresentation.
- Neither the Owner nor the Contact shall actively discourage Guests from paying online through the AlluraDirect.com online Rent Collection Program verbally, or by applying a penalty surcharge for online payments, if the Owner and/or Contact are advertising their participation in the online Rent Collection Program.
Owner and Contact Information
- The Owner and/or Contact agree to provide and maintain at all times, accurate and complete Owner and Contact information within their AlluraDirect.com OwnerAdmin pages.
- If the Owner or Contact is a Rental Manager, then the Rental Manager must register the Owner's Name and Phone Number under: Property Info>Property Legal Details>Title Holder Name & Title Holder Phone #. In addition, the Owner's full address and email address under: Contact Info>Owner Details. The Owner's full contact information must be registered at all times during the Subscription Period.
Property Address and Telephone Number
- The Owner and/or Contact will provide, within the context of their AlluraDirect.com Owner-Administrator page under Contact Info>Property Info, the current phone number and address for the property being listed on AlluraDirect.com.
Emergency Contact Information
- The Owner and/or Contact will provide, within the context of their AlluraDirect.com Owner-Administrator page under Contact Info>Emergency Contact, the names and phone numbers of in-resort individuals who have access to the Owner and/or Contact‘s property, and who can assist in the co-ordination of assistance for Guests who are experiencing difficulties while staying in the property in question.
- The Owner and/or Contact will provide, within the context of their AlluraDirect.com Owner-Administrator page under Contact Info>Owner & Contact, the names, addresses and relevant day and evening phone numbers both the Owner and/or Contact. The phone numbers should be those numbers that can be used by AlluraDirect.com staff in cases of emergency.
- AlluraDirect.com will only be able to assist Guests without access information if the Owner has listed it within the Guest check-in email sent through the AlluraDirect.com email server or if the Owner has registered a current/master access code under Contact Info>Emergency Contact>Comments.
Web Site Content
- The Owner and/or Contact will make their best effort to maintain a high-quality Property page display on Alluradirect.com and must provide the following mandatory information (NOTE: without this information the Property display page will be inactivated until the appropriate information is provided):
- Current rates (in Canadian dollars) in the Property Page Rates table including tax information and minimum night stay requirements.
- Owner's and Contact's Property and Payment policies:
- Owner and Contact will provide full property policies, which outline the following:
- Cancellation Policy
- Check In Time
- Check-Out Time
- Delayed Arrivals
- Delivery of Instructions
- Excessive Noise
- Late Reservation Payments
- Maintenance Emergencies
- Maximum Sleeping Capacity
- Minimum Age Requirements
- Property Damage
- Rental Accommodation Zoning
- Terms of Eviction
- Number of separate sleeping areas, beds and bathrooms;
- Size category designation;
- Property amenities;
- Accurate availability;
- Development or area location and their location relative to critical access point distances; Ski-In or Ski-Out means that the property is a max. 2 minute walk from ski run to the building entrance. Ski-In/Ski- Out means that the property is both Ski-In and Ski-Out.
- Property photographs;
- Correct contact information;
- Correct emergency contact information;
- Property phone number and address;
- The property page cannot contain obscene or offensive content nor content that damages AlluraDirect.com business reputation or business interests in any way.
Definition of Property Sizes
- Property square footage designation applies only to the livable, self-contained area within the property itself and does not include common areas, parking stalls or decks.
- Wherever possible, practical and appropriate, Owner and/or Contacts must assign lofts and dens within the size category description. The definitions for a bedroom, loft and den are as follows: Bedroom: has a window, 4 walls & a door. Loft: is usually positioned on a top floor, and is open to common living spaces below. They are generally full bedrooms, but lack the privacy of 4 walls & a door. Lofted properties usually have cathedral ceilings. Den: Is a room without a window that usually has 4 walls & a door (not always) & is used as a bedroom.
Maintenance of Availability & Double Bookings
- A property is considered to be booked and unavailable at any given point in time for a specific date range if it has been committed either verbally or literally to a party and neither the Owner and/or Contact are accepting any other firm reservations from any other parties for overlapping dates.
- The Owner and/or Contact must accurately and quickly update their AlluraDirect.com availability calendar in a timely manner to display booked dates, as previously defined, irrespective of whether or not they have received payment for booked dates. Booked dates are displayed in the property display calendars with a red X.
- Owners and/or Contacts should not cancel a reservation if they have made a verbal or written commitment to a Guest, for the purpose of replacing the committed reservation with a more desirable reservation with overlapping dates or cancel a Guest reservation for personal use.
- Neither the Owner nor the Contact is permitted to book multiple, independent parties into the same property for over-lapping dates.
- The Owner and/or Contact assume all financial and personal accountability for personal mistakes that generate double bookings. Should an Owner and/or Contact incur a double booking and choose to cancel the booking from AlluraDirect.com they can approach the situation in two ways:
- Maintain a positive account standing on AlluraDirect.com and relocate the Guest, to a comparable property (size category, location and amenities) with priority given to a property in the same building with the same decor, bed configuration and amenity standards. Any additional costs for the relocation will be assume by the Owner/Contact.
- Incur a strike against their Owner account and simply issue a full refund. AlluraDirect.com can terminate an Owner account with a negative standing at any time without a refund.
- All reservations conducted on AlluraDirect.com should be honoured and not cancelled by the Owner and/or Contact under any circumstances, including for Owner and/or Contact personal use.
- The Owner and/or Contact have the right to cancel a reservation if the Guest is in violation of any of the publicly published policies on the AlluraDirect.com web site at the time that the Guest made their booking.
Responding to Inquiries and Reservation Requests
- The Owner and/or Contact will respond to ALL Reservation Requests, General Inquiries, e-mail and phone calls generated by AlluraDirect.com within 48 hours, irrespective of whether or not they will accept the Guest's reservation. It is highly recommended that the Owner and/or Contact uses the Vacation Mode function as an auto responder.
Rates, Taxes, Specials and Surcharges
- The Owner and/or Contact will provide full disclosure of nightly rates in the national currency appropriate for their resort, in the Rates Table, under the searchable column labeled "Rates (night)" in their property page Rates Table. These rates must be based on the maximum advertised sleeping capacity located in the Summary Display. The rate published in Search Results and in the Rates column on the Owner and/or Contact's property page must be honoured exactly as published , irrespective of any disclaimers or other comments associated with the Rates Table, such as in the Comments section above the Rates Table or associated with the season in question.
- The Owner and/or Contact must honour Minimum Night Stays as they appear in search results. For example, if a Guest searches for a 1 night stay and the Owner has configured a Rates Season with a 1 minimum night stay, the Owner and/or Contact must accept a 1 night booking for the Rates Season in question, irrespective of any additional comments or disclaimers associated with the Rates Table Comments or general Rates Table description.
- Any surcharges not charged and collected by the Owner and/or Contact, but that are charged to the Guest by a third party upon arrival to the property, must be fully disclosed in the Owner and/or Contact's Rates Table in the Comments box associated with the season. Examples include, but are not restricted to: parking fees collected by strata or building managers.
- The Owner and/or Contact will provide full disclosure of their minimum night stay in the Rates Table under the searchable column labeled "Min Stay". The minimum night stay posted in the Rates Table under Min Stay must be honoured, irrespective of conflicting information published in the comments field associated with the season or Rates Table.
- The Owner and/or Contact must clearly post any applicable taxes and third party surcharges (surcharges do not include housekeeping costs) in the comments of the rates table section.
Arrival & Check-In Information
- The Owner and/or Contact must provide to the Guest in writing complete Property access information and check-in instructions/information (check-in and arrival instructions and documentation) and the emergency contact information of in-resort individuals who can assist the Guest in the Owner and/or Contact's absence, PRIOR to the Guest's departure from their respective home and arrival at the Owner's Property.
- Guest must have complete information to self-sufficiently access the unit independent of additional in- resort assistance, even if a meet and greet has been arranged for. A meet and greet service alone is not an acceptable check-in method.
- So that AlluraDirect.com can assist a Guest in the event that neither the Owner nor Contact can be reached, the Owner and/or Contact will register into their AlluraDirect.com web sites under Contact Info>Emergency Info, the names, phone numbers of in-resort services suppliers who would be able to assist a guest with checking-in, in the Owner and/or Contact's absence. In addition, the Owner and/or Contact will register any other important check-in information so that their Guests are never stranded, and without assistance in the Owner and/or Contact's absence.
- The Property must be in arrival-ready condition upon Guest arrival (advertised check-in time) including acceptable cleanliness, and fresh linens. All property appliances, utilities and advertised amenities must be fully functioning and operating at 100% capacity. The Property and contents must meet the required industry hygiene, security, safety and fire regulations and standards. If the property is deemed uninhabitable for safety, hygiene or maintenance reasons and the Guest must be relocated, the Owner and/or Contact must organize and pay for all relocation expenses. If the property IS inhabitable, but is NOT as fully advertised on the site or does not meet reasonable expectations, the Guest is entitled to financial compensation from the Owner and/or Contact. Compensation must be financial and not gift coupons or free/discounted future stays in the same property. For more specific situations, please see additional provisions below for specific scenario requirements.
- The Property must have enough basic supplies for the advertised maximum sleeping capacity. The basic supplies include, but are not restricted to: bed, bath and kitchen linens, dishes and cutlery.
- The Property utilities must be in full working condition upon Guest arrival. The basic utilities include, but are not restricted to: heat, water, power, plumbing, toilet, shower, fridge, freezer, stove, oven and if advertised: pool, sauna, steam bath, hot tub, fireplace, dishwasher, phone, cable TV, satellite TV, and internet access. If a utility is not in full working condition upon Guest arrival, the guest is entitled to compensation that minimally meets the lesser of either AlluraDirect.com’s or the Guest’s satisfaction. Compensation must be monetary, in the form of cash, not gift certificates or free/discounted future night stays.
- All advertised amenities must be in full working condition upon Guest arrival. If the amenity is not in working condition, the Owner will repair/replace it within 24 hours in order to not negatively impact the Guest stay experience. If the Owner is unable to repair/replace the amenity within 24 hours, the Owner will offer the Guest compensation that minimally meets the lesser of either AlluraDirect.com’s or the Guest’s satisfaction. Compensation must be monetary, in the form of cash, not gift certificates or discounted future night stays.
- Emergency Check-In Procedures & Standards (see section 110-116) will be initiated in the event that the property has not been cleaned or is uninhabitable by the check-in times published in the property's Policies Table. If the Guest cannot be fully authenticated, AlluraDirect.com will simply notify registered Owners, Contacts and Emergency Contacts. If the unauthenticated Guest registers a formal complaint against the Owner and supplied sufficient information that matches them to the booking, then AlluraDirect.com will initiate the Complaint Procedure. Should the Owner and/or Contact be found to be in non-compliance with required standards outlined in this Agreement, the Owner and/or Contact will be required to compensate the Guest. Their associated property page accounts will be suspended until the complaint is successfully resolved. In the event that the property is not cleaned or is uninhabitable for an authenticated or unauthenticated Guest upon arrival, it must become inhabitable by 9pm on the check-in day. If this is not possible, the Owner and/or Contact must compensate the Guest for their first night stay plus any additional relocation expenses if relocation was necessary. The Owner's and/or Contact's property page and any additional property pages associated with either the Owner and/or Contact, will be temporarily inactivated until the Guest has been compensated.
- The cleaners phone number(s) must be entered in the property page under Contact Info> Emergency Info. The Owner's and/or Contact's property page and any additional property pages, will be temporarily inactivated until the cleaners phone number(s) has been entered in the property page.
- If the Owner and/or Contact takes a damage deposit from the Guest, the deposit or the remaining portion thereof, must be returned by the Owner and/or Contact to the Guest within 15 days of the Guest's departure. Any losses that the Guest may incur due to foreign exchange rates must be fully compensated by the Owner and/or Contact.
- Failure to remit the damage deposit within 30 days of the Guest's departure, such that a formal complaint is sent to AlluraDirect.com, will result in property page temporary inactivation until the Guest has received the damage deposit owed.
- The Owner and/or Contact will make it clear on their AlluraDirect.com property display page all conditions that will result in a damage deposit charge, including common/personal property damage, disturbing the peace, excessive cleaning charges, smoking, etc…
- The damage deposit is collected for damages only, as specified in this section. The Owner and/or Contact cannot deduct non-damage related reservation surcharges from the damage deposit without the Guests' written consent.
- The Owner and/or Contact must supply the Guest with a formal tax rebate-compliant receipt upon final payment.
Referral of AlluraDirect.com Vacation Rental Business Leads & Customer Privacy
- The Owner and/or Contact will not refer AlluraDirect.com business leads to non-AlluraDirect.com-listed web sites or vacation rental or Guest services-related businesses by phone, email, or any other communication methods, or by content on the AlluraDirect.com property page.
- The Owner and/or Contact agree that vacation rental reservation and vacation services business prospects generated by AlluraDirect.com by phone or email are for the exclusive use of AlluraDirect.com for supplying vacation rental reservations to properties and Guest services suppliers that are visibly listed on AlluraDirect.com. Owner and/or Contacts may not refer AlluraDirect.com-generated vacation rental prospects to properties or businesses that are not listed on AlluraDirect.com.
- The acquisition of an AlluraDirect.com vacation rental reservation business lead by an Owner and/or Contact does not grant to the Owner and/or Contact exclusive ownership rights of the vacation rental or Guest services business lead. The reservation business lead may be used by any and all AlluraDirect.com- listed Owners, Contacts and AlluraDirect.com itself for the purposes of renting AlluraDirect.com-listed vacation rentals and selling AlluraDirect.com-listed vacation services.
- Neither the Owner nor the Contact may sell on a commission basis, AlluraDirect.com-generated vacation rental reservation leads to other Owner and/or Contacts listed or unlisted on AlluraDirect.com.
- The Owner and/or Contact agree to conduct their rental business on AlluraDirect.com and with prospective and actual Guests who have accessed the Owner and/or Contact via AlluraDirect.com, in accordance with the Canadian and International privacy laws. The consequences of failing to do so are the legal burden of the Owner and/or Contact.
- The Owner and/or Contact are restricted from releasing, selling, or making known to any third parties, any information provided by prospective or actual Guests who access the Owner and/or Contact through AlluraDirect.com, except with the Guest's or prospective Guest's written consent.
Baiting & Switching
- Neither the Owner nor the Contact are permitted to book a Guest into a property listed on AlluraDirect.com, then transfer the Guest, without their advance knowledge or written consent, to another property.
In-Resort Emergency Check-Ins: Procedures & Standards
- If the Guest is experiencing a check-in difficulty and contacts AlluraDirect.com, AlluraDirect.com will authenticate the Guest and their reservation through the AlluraDirect.com web site and convey the appropriate check-in information as available from the AlluraDirect.com web site.
- If the Guest cannot be authenticated, but can be indirectly matched to booking dates on the availability calendar, AlluraDirect.com will give the Guest the Owner or Contact information that is publicly displayed on the property page. AlluraDirect.com will also notify the Owner, Contact and registered Emergency Contact via all available published and unpublished contact information, to advise them to contact the Guest ASAP. If the unauthenticated Guest registers a formal complaint against the Owner and supplies sufficient information that matches them to the booking, then AlluraDirect.com will initiate the Complaint Procedure.
- If it is evident that the reason the Guest cannot check-in to the unit is due to the Owner and/or Contact not complying with the TOSSA; the Owner and/or Contact will be responsible for refunding the Guest for all nights that their unit was inaccessible and reimbursing the Guest's excess expenses for alternate accommodation (within reason). The Owner and/or Contact's associated property pages will be temporarily inactivated until the Guest receives the appropriate refund.
- Should authenticated Guest check-in information be inaccurate, unavailable or otherwise useless, AlluraDirect.com will use all means available to contact the Owner and/or Contact, then the registered Emergency Contact to get assistance.
- AlluraDirect.com will not relocate Guests in the event that the Owner/Contact or Emergency Contact is not available to assist the Guest. Any correspondence received from a Guest that AlluraDirect.com is unable to assist with will be relayed to the Owner/Contact or Emergency Contact for their immediate attention.
- Should an Owner/Contact or their Emergency Contact repeatedly fail to address Guest check-in issues within a timely manner, their property page will be deactivated without refund.
- Should an Owner/Contact incur multiple complaints from Guests unable to access their property or who have checked-in to an unclean unit, their property page will be deactivated without a refund.
- If an Owner/Contact has failed to provide correct contact information for in-resort emergency assistance, their property page will be deactivated until the correct information has been registered.
Rental Manager Eligibility and Multiple Property Owners
- The Property Contact/Owner must be exclusive to the individual Owner or property listed on AlluraDirect.com. All other Contacts or Owners are classified as Rental Managers.
- A Rental Manager is defined by AlluraDirect.com as any individual engaged in one or more of the following activities: Advertising or marketing rental properties on another non-AlluraDirect.com website, receiving and/or administering rental accommodation inquiries and/or requests on behalf of more than one Owner or property, acting as a marketing agent for more than 1 property or Owner, travel agents receiving lodging inquiries and booking accommodation that is not listed on AlluraDirect.com. Rental Managers may be de-listed from the directory at AlluraDirect.com's sole discretion without a refund unless they have obtained prior approval from AlluraDirect.com.
- Rental Managers acting as the property Contact must comply with the following terms to be an eligible property Contact on AlluraDirect.com:
- The Rental Manager/Contact must list all properties under management or to which leads are being referred, on AlluraDirect.com;
- The Rental Manager must register the Owner's Name and Phone Number under: Contact Info>Property Info>Property Legal Details>Title Holder Name & Title Holder Phone #.
- Properties managed by the Rental Manager must be in Gateway Open mode.
- The Rental Manager must register the Owner's full address and email address under: Contact Info>Owner Details.
- The Rental Manager will support Guest services programs on AlluraDirect.com by referring their Guests to AlluraDirect.com-managed Guest services products.
- Rental Managers who are in the Approved Rental Assistant Program must also comply with the following terms:
- The Approved Rental Assistant agrees to full business transparency with the Owner and will register all AlluraDirect.com and non-AlluraDirect.com reservations, including complete Guest information and payment details into the Owner's property page.
- The Approved Rental Manager will give the Owner independent and full unfettered access to their AlluraDirect.com property web sites.
- To guarantee full transparency to the Owner, the Approved Rental Manager must be in the required Gateway Open payment mode and will formally register and transact all AlluraDirect.com-generated bookings through the Owner's AlluraDirect.com property web site.
- The Approved Rental Manager also agrees to register and transact all non-AlluraDirect.com-related reservation payments (reservation deposits and balance of payments) through the Owner's private DirectVacations.com property web site.
- Should the Rental Manager or Approved Rental Assistant violate the Subscription Agreement with one property page account which results in property page inactivation, all property pages managed by the Rental Manager or Approved Rental Assistant will be inactivated until the applicable terms are met. Failure to comply with the Rental Manager terms at any time will, at AlluraDirect.com's discretion, result in property inactivation without a refund.
Guest Complaints & Subsequent Investigation
- A Complaint must be initiated and registered using the AlluraDirect.com Complaints Registration Form. All Complaints-related communications between AlluraDirect.com, Guests and Owners will be handled by email via firstname.lastname@example.org. Neither the AlluraDirect.com Complaints Group, nor AlluraDirect.com Staff will discuss or mediate formally registered Complaints by phone.
- Guest complaints about rental properties will be mediated by AlluraDirect.com only if the Guest has made best efforts to notify or resolve the issue(s) with the registered property Contact first, and during their stay. The Guest is required to provide proof showing that assistance was requested to rectify the issue(s) (eg. copies of emails or cell phone records).
- All formal complaints received from Guests against rental operations listed on AlluraDirect.com will be documented, investigated and tracked by AlluraDirect.com. Every property listing will have associated with it a complaints history, irrespective of the legitimacy of the complaints.
- If a single complaint is registered against a single property, then the complaint and all actions taken by AlluraDirect.com impacts all property pages registered by the same Owner and/or Contact. Therefore, should the property page be inactivated, then all AlluraDirect.com property pages associated with the Owner and/or Contact will also be inactivated.
- If a complaint is registered against the Contact, then AlluraDirect.com reserves the right to notify the Owner directly with complete details.
- Multiple complaints will result in the permanent inactivation without a refund of all property listings associated with the Owner and/or Contact.
- AlluraDirect.com will notify the Owner and/or Contact, via email, of the complaint and the complaint circumstances, and will give the Owner and/or Contact 48 hours to respond to the Guest and AlluraDirect.com regarding their perspective on the complaint.
- If the Owner and/or Contact fails to respond to AlluraDirect.com via email, within 48 hours, the property will be automatically inactivated from AlluraDirect.com without refund until the Owner and/or Contact contacts AlluraDirect.com via email.
- AlluraDirect.com will consider the complaint in light of the Guest's, Owner's and Contact's comments and this Subscription Agreement, and make a decision regarding the complaint's legitimacy in so far as the Owner and/or Contact's operation, role and conduct.
- To maximize objectivity and a successful outcome for all parties, AlluraDirect.com requires tangible evidence. Guests are encouraged to provide copies of all email correspondence, photographs, and contact information of unrelated third parties who may have witnessed the incident.
- If the complaint is judged by AlluraDirect.com to be legitimate, the Owner and/or Contact are obliged to:
- offer compensation within a reasonable timeframe that minimally meets the lesser of either AlluraDirect.com's or the Guest's satisfaction and
- make the necessary proactive business and web site operational changes to prevent future complaints of a similar nature.
AlluraDirect.com, where appropriate, will suggest a minimum reasonable complaint resolution strategy and operations adjustments to the Owner and/or Contact.
- If the Owner and/or Contact:
- fail to compensate in a timely way Guests who are deemed to have legitimate complaints against the Owner and/or Contact, and
- fail to make the required operational enhancements necessary to avoid future complaints,
the Owner and/or Contact's AlluraDirect.com property listing, and all other property listings, will be inactivated without refund until the Owner and/or Contact resolve the complaint to the lesser of either AlluraDirect.com's or the Guest's satisfaction and any compensation to AlluraDirect.com has been made.
- Guest compensation must be equivalent to an immediate material compensation. Future booking incentives are not considered an appropriate form of compensation.
- Should a subscription be refunded at AlluraDirect.com's discretion, the credit card used to pay for the subscription will be refunded.
- AlluraDirect.com reserves the right to notify all future Guests of a property page inactivation as a result of a complaint.
Limitation of Liability
- The Owner and/or Contact shall, at all times, hold AlluraDirect Owner safe and harmless from and against any and all actions, matters of actions, causes of action, liabilities, claims, demands, suits, damages, losses, injuries, expenses or otherwise, which may be made or brought against the Owner and/or Contact for personal injury, loss of life, consequential or other indirect damages including pure economic loss, with respect to Property, revenue or profits suffered by any person, organization or corporation, arising from or in any way connected with the performance or non-performance of the Services by AlluraDirect.com.
Vacation Rental Property Damage & Sale
- If the vacation rental property is damaged or destroyed, before or during the Guests' occupancy, the Guest will be transferred by the Owner and/or Contact to another suitable and comparable property with no additional financial cost and delay to the Guest.
- If the vacation rental property is sold during the Subscription Term, the purchaser must honour all confirmed AlluraDirect.com reservations. Alternatively, the vendor must transfer all confirmed AlluraDirect.com reservations to other, suitable and comparable properties, with no additional financial cost and delay to the Guest. Alternatively an Owner may incur a strike against their Owner account and simply issue a full refund. Accounts with a negative standing are not eligible for renewal in the future.
- In case of a property sale, the Owner and/or Contact must notify AlluraDirect.com in writing of the following:
- That the property is being sold.
- The requested date of property page inactivation.
- The requested date of e-commerce service inactivation.
- Whether they are keeping their subscription term in order to replace the sold property, with a new property, or whether they are transferring the remaining portion of the subscription to the Purchaser.
- Subscription terms, conditions and services may be transferable for the remaining duration of the Subscription Term to the new Owner or property with the Vendor's / Owner and/or Contact's permission.
- Manual and Gateway Closed payment modes are non-transferable to new property owners, or new property web pages, or properties belonging to Owners who were formally in the Manual or Gateway Closed payment modes. If the property page subscription is transferred during the course of the subscription period to a new property Owner, irrespective of the historical property payment mode, all new reservations for the property page in question must be done in the required Gateway Open payment mode starting from the time of subscription transfer. In addition, the Gateway Open payment settings are: reservation deposits of 25% of the total reservation amount and the balance of payment must be set for 45 days prior to the arrival date.
- The vendor must transfer all login information to the purchaser. For security reasons, Alluradirect.com will not give any login information to the purchaser.
Right to Agreement Amendments
- AlluraDirect.com reserves the right to amend this agreement and issue notice of amendment to Owner and/or Contacts.
- The Owner and/or Contact acknowledge reading and understanding, and will comply with the terms outlined in this agreement.