Clients and Guests making bookings are required to accept these terms.

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1. Accommodation Agreement

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1.1.  This Agreement is between the Guest named on the Booking Summary (“Guest”) and Orchard View Motel (“us” or “we” or “the Host”) of the accommodation as detailed in the Booking Summary (“the Accommodation”). The Host is the owner of the Accommodation or the person who is duly authorized to arrange rentals of the Accommodation. This Agreement details the terms and conditions which apply between the Guest and the Host relating to the rental of the Accommodation.
1.2.  With this Agreement, the Host lease the Accommodation to the Guest on a short-term basis for the agreed period as set out in the Booking Summary (“Rental Period”). The Guest is not a tenant of the Accommodation and he/she has not been granted exclusive possession of the Accommodation.

 

2. Booking and Cancellation

 

2.1.  The Booking Summary which the Guest has accepted is not a booking confirmation, the Accommodation will be booked for the Rental Period upon dispatch of a Confirmation of Booking to the Guest and the Host is not obliged to make the Accommodation available, nor is a binding contract in place, until such time as the Confirmation of Booking has been sent to the Guest by email.
2.2.  Each Accommodation Agreement represents a contract to occupy a given room or apartment on given dates (subject to clauses 10 and 11). Any variation of dates or accommodation will amount to a cancellation of a booking, unless otherwise agreed.
2.3.  If, but only if, the Guest has paid the Flexible Rate (which will be set out in the Booking Summary and available for only determined Properties) then the following cancellation policy will apply:

A)   The Guest may cancel a booking at any time more than 2 days prior to commencement of the Rental Period and the Guest will be entitled to a full refund less the Flexible Rate as set out in the Booking Summary.

B)   If the Guest cancels a booking 48 hours or less prior to the commencement of the Rental Period then the Guest will be liable to pay the full Accommodation Fees for the entirety of the Rental Period. 
C)  In accordance with clause 9 any variation of dates or accommodation will amount to a cancellation of a booking. The cancellation terms set out in clauses 6 and 7 shall apply to the revised booking unless the Guest has paid the Flexible Rate (which will be set out in the Booking Summary) at the time of the new booking. The Flexible Rate must be selected and purchased at the time of booking and will not be available after the booking has been made. The Flexible Rate is not available for Host bookings where a Host’s discount has been applied.

2.5.  In the event that the Accommodation becomes unavailable during the Rental Period and in the event that the Guest does not accept any suitable alternative accommodation which is offered to the Guest in accordance with Clause 8 then the Guest is entitled to cancel the booking and the relevant proportion of any amounts paid will be refunded to the Guest, but the Host will be not liable to the Guest for any further amounts in respect of the cancellation of the booking.

 

3. Fee and Charges

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3.1.  The Guest agrees to pay the Accommodation Fees as set out in the Booking Summary without deduction the Guest also agrees to discharge the cost of any damage to the Accommodation or contents and to pay any fees in relation too overstaying.
3.2.  By accepting these terms, the Guest agrees to pay the Accommodation Fees in full and the Guest authorizes the Host to collect the full amount referred to in the Booking Summary immediately. On commencement of the Rental Period the remainder of the Accommodation Fees will be taken by the Host check-in staff. If the Guest fails to turn up to a booking or check-in then for the avoidance of doubt the Guest will be responsible for the entire Accommodation Fees for the booking (and the Guest hereby authorizes the Host to deduct such sums from the credit or debit card which the Guest supplied when making the booking).
3.3.  All fees and charges will be inclusive of Canadian Taxes.

 

4. Security Deposit 

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4.1.  When the Guest commences a stay at the Accommodation, the Guest  will pre-authorize the Host to hold a credit or debit card (which may be different to the details which were supplied when booking) by way of security deposit and the Host will entitled to make deductions from this credit or debit card through the Host in the event of any damage to the Accommodation or its contents or in the event of late check-out or overstaying.

 

5. Check-Out

 

5.1.  The check-out time at the Accommodation is as stated in the Booking Summary. Unless the Guest has agreed a late check-out with the Host or a further period of rental then the Guest will be responsible for a full day’s Accommodation Fee for any overstaying. If the Guest overstays by more than 2 hours then the Host reserves the right to enter the Accommodation, remove the Guest’s belongings, change the locks to the Accommodation and take such further action as may be necessary (and the Host will charge the Guest for the costs of any such action) the Guest will also be liable for an additional fee of $250  per day (or part thereof) for any unauthorized overstaying.

 

6. Safety and Conduct

 

6.1.  The Guest has primary responsibility for the Guest’s own safety during the Guest’s stay at the Accommodation. The Guest must read any fire or health & safety guidance which might be provided to the Guest and he/she must listen to any instructions or explanations which might be provided by the Host’s check-in staff when showing the Guest around the Accommodation.
6.2.  If the Guest becomes aware of anything during the Guest’s stay which he/she believes is a health & safety risk the Guest must inform the Host immediately.
6.3.  The Guest must comply any building regulations and any reasonable directions of the Host.
6.4.  The Host will not tolerate any verbal or physical abuse towards any of its staff or representatives.
6.5.  The Guest may not allow any person other than the person named in the Booking Summary to occupy the Accommodation at any time together with such number of additional guests as may be specified in the Booking Summary. This Agreement is personal to the Guest and may not be assigned or transferred to any other person. The Host will not allow any person other than the person named in the Booking Summary to access or occupy the Accommodation during the Rental Period.
6.6.  The Accommodation information specifies the maximum permitted number of guests who are authorized to stay in the Accommodation. If the Guest allows more than the maximum number of people to occupy or stay in the Accommodation the rental may be terminated immediately and the Guest will be liable to pay a supplement of up to $120 per night in respect of each unauthorized guest and the rental may be terminated immediately.
6.7.  In addition to complying with the House Rules and all reasonable directions you also agree that you will:

• not keep or take any pets or animals into the Accommodation (unless otherwise agreed with the Host and specified as pet-friendly in the Booking Summary);

• not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach in whole or in part any insurance effected in respect of the Accommodation from time to time;

• if the Accommodation is part of a building or complex with common parts, not obstruct or leave any objects or waste in any common parts;

• not leave any obstruction outside of the Accommodation;

• not take any property, belongings or personal effects at the Accommodation;

• not to move any furniture from its original position and/or room within the Accommodation;

• not to do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the occupiers of the building or any owner or occupier of neighbouring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;

• not conduct any illegal or immoral activity from the Accommodation;

• not conduct any business or commercial activity whatsoever from the Accommodation;

• not make any alteration or addition whatsoever to the Accommodation or its contents;

• not use the Accommodation for any purpose other than for personal accommodation;

• not invade the privacy of the Host nor publish or reveal anything which might allow a third party to identify the address of the property or the identity of the Host (even if such information is already in the public domain);

• not keep or take any pets or animals into the Accommodation (unless otherwise agreed with the Host and specified as pet-friendly in the Booking Summary);

• not do anything that will or might constitute a breach of any consents in relation to the Accommodation or which will or might be in breach in whole or in part any insurance effected in respect of the Accommodation from time to time;

• if the Accommodation is part of a building or complex with common parts, not obstruct or leave any objects or waste in any common parts;

• not leave any obstruction outside of the Accommodation;

• not take any property, belongings or personal effects at the Accommodation;

• not to move any furniture from its original position and/or room within the Accommodation;

• not to do or permit to be done on the Accommodation anything which is or which may be or become a nuisance, (whether actionable or not) damage, annoyance, inconvenience or disturbance to the occupiers of the building or any owner or occupier of neighbouring property including (but not limited to) playing loud music or musical instruments, dancing, entertaining at the Accommodation or moving furniture;

• not conduct any illegal or immoral activity from the Accommodation;

• not conduct any business or commercial activity whatsoever from the Accommodation;

• not make any alteration or addition whatsoever to the Accommodation or its contents

• not use the Accommodation for any purpose other than for personal accommodation;

6.8.  The Guest hereby indemnifies the Host in respect of any costs, claims, liabilities or expenses suffered or incurred by the Host (or their agents) in respect of any breach of this clause. In the event of breach, the Guest’s membership may be terminated in accordance with the Guest services agreement.

 

7. Property Damage

 

7.1.  The Guest is recommended to hold personal insurance for accidental damage and personal liability.
7.2.  If on arrival at the Accommodation the Guest discovers anything is missing or damaged then this must be reported to the Host immediately otherwise it will be presumed that the damage/loss was caused by the Guest and a charge will be made.
7.3.  The Guest must notify the Host of any damage to the Accommodation, contents fixtures or fittings which occurs during the Guest’s stay, even if the Guest regards the damage as fair wear and tear or if the Guest does not believe the damage is the Guest’s fault.
7.5.  Any deductions for property damage will be taken from the credit or debit card the Guest has supplied and/or on which the Guest has pre-authorised an amount as a security deposit but for the avoidance of doubt the Guest will be liable for the full amount of any damage and not just the amount pre-authorised by way of deposit.

 

8. Liability and Claims

 

8.1.  Any claims made by the Guest under this Agreement must be made to the Host.
8.2.  The Host will not be liable to the Guest for any business, financial or economic losses or for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this Agreement, the Accommodation or the rental (whether such loss arises as a result of the Host’s negligence or otherwise).
8.3.  The Host’s liability for all losses (with the exception of personal injury or death arising as a result of negligence) will be limited to the cost of obtaining replacement accommodation for the agreed Rental Period or the amount of the Accommodation Fees and charges payable by the Guest, whichever is the higher amount.
8.4.  Nothing in these clauses 8.1-8.3 inclusive limits or excludes the liability of the Host for death or personal injury arising as a result of their negligence or the negligence of their agents or employees.

 

9.Comments/Complaints

 

9.1.  Every reasonable care will be taken to ensure that the Accommodation is presented to the Guest to a high standard. Should the Guest find on arrival that there is a problem, or cause for complaint, the Guest should immediately refer this to the Host's representatives. Reasonable steps will be taken to assist the Guest.
9.2.  The Host is committed to ensuring that any problems or complaints the Guest may have whilst at the Accommodation are resolved efficiently and promptly, but as such the Host must be given the opportunity to do so. Any failure to notify the Host immediately or refusal of reasonable rectification may affect the Guest’s right to compensation.
9.3.  The Guest must be contactable on the phone so the Host can communicate with the Guest about the problems or complaints. The Guest must not independently move to other accommodation without first allowing the Host the reasonable opportunity to assist in resolving the complaint or problem. If the Guest does so, or refuse reasonable rectification, this may affect the Guest’s right to any compensation.
9.4.  The Guest must formally confirm any unresolved complaint in writing by email to the Host within 28 days of the end of the Guest’s Rental Period.

 

10.  General

 

10.1. The Guest and the Host declare that they have the power to enter into this Agreement.
10.2. The Guest will not be entitled to withhold by way of set-off, deduction, counterclaim any amounts which the Guest owes to the Host against any amounts that that may be owed to the Guest.
10.3. The Host will be entitled to sub-contract or delegate their obligations under this Agreement.
10.4.  The Host will not be liable to the Guest or be deemed to be in breach of these terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any cause beyond their reasonable control such as severe weather, subsidence, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war and civil unrest.
10.5. Save in the case of fraud these terms represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
10.6. The parties agree that these terms are fair and reasonable in all the circumstances. However, if any provision of these terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
10.7.  If the Guest breaches these terms and conditions and the Host decides to take no action or neglects to do so, then the Host will still be entitled to take action and enforce their rights and remedies for any other breach.

10.8 (ANY ILLEGAL ACTIVITY WILL LEAD TO IMMEDIATE TERMINATION OF ACCOMMODATION WITHOUT REFUND)