Revised: Aug 8, 2008
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
General
- 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 and/or
Contact 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.
Communications
- 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.
Rent Collection
- 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, and AlluraDirect.com
shall assign to the Owner and/or Contact, and the Owner and/or Contact shall
accept assignment of the Assigned Rent, unless there has been a technical
failure.
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>Pagebuilder>Policies
- 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.
Refunds
- 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.
- 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.
- The Property Page must have current door code registered at all times under
Contact Info>Emergency Contact.
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
- Housekeeping
- Late Reservation Payments
- Liability
- Maintenance Emergencies
- Maximum Sleeping Capacity
- Minimum Age Requirements
- Pets
- Property Damage
- Rental Accommodation Zoning
- Smoking
- 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.
Cancellations
- 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 surcharges
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.
Property Condition
- 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.
Damage Deposit
- 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.
Receipts
- 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. AlluraDirect.com will also assist the
unauthenticated Guest with relocation, if necessary. AlluraDirect.com cannot do
anything further for Guests who cannot be authenticated by both Username and
Booking ID. 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.
- If it is evident that the Owner and/or Contact has not complied with the
TOSSA; the Owner and/or Contact will pay for all relocation expenses and refund
the Guest the first night stay. The Owner and/or Contacts associated property
pages will be temporarily inactivated until the complaint is successfully resolved
and all payments have been made.
- Should authenticated Guest check-in information be inaccurate, unavailable or
otherwise useless, AlluraDirect.com will use all means available to first contact
the Owner and/or Contact, then the registered Emergency Contact to get
assistance.
- Should AlluraDirect.com fail to receive a response from either the Owner,
Contact or any Emergency Contact within 60 minutes post published check-in time,
AlluraDirect.com will begin billing the Owner and/or Contact at a rate of $100 CAD
+ GST/per hour from the time that the Guest initially contacted AlluraDirect.com,
until the Guest requests to be relocated and the relocation process has been
completed.
- AlluraDirect.com will bill the Owner and/or Contact's credit card on file for
both AlluraDirect.com's support and for any relocation expenses incurred by the
Guest.
- Should the Guest be locked out for more than 3 hours from the published check
-in time or if property was not cleaned upon Guest's arrival, AlluraDirect.com
will begin Guest relocation procedures to as comparable a property as possible. In
the event that a comparable property cannot be booked, AlluraDirect.com will make
every effort possible to secure suitable lodging for the Guest at the most
reasonable price possible. The Owner and or their Contact must compensate the
Guest for their first night stay plus all additional costs associated with
relocation. The Owner's and/or Contact's property page and any additional property
pages associated with either the Owner or Contact, will be temporarily inactivated
until the Guest and AlluraDirect.com have been compensated AND the property page
(s) in question has been updated with the correct check-in related
information.
- Should AlluraDirect.com be unable to collect from the Owner and/or Contact's
credit card, the property page will be temporarily inactivated until payments to
AlluraDirect.com and/or the Guest have been made.
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
- All Complaints-related communications between AlluraDirect.com, Guests and
Owners will be handled by email via complaints@alluradirect.com. Neither the
AlluraDirect.com Complaints Group, nor AlluraDirect.com Staff will discuss or
mediate formally registered Complaints by phone.
- Complaints against inactive properties will be treated as though the property
is active.
- 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.
- To give owners maximum opportunity to resolve any problems guest must have
contacted owner during stay. 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.
- 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.
END