Legal stuff

We won't scare you with a long contract that is impossible to understand without 100 years of law school. Nice and simple is how we roll.
These terms may change from time to time,but we'll always email you if and when they do.

Terms & Conditions

The terms and conditions stated herein constitute a legal agreement between you (the client) and breathebnb Vacation Rental Management Ltd., a property management company out of Ottawa, Ontario, specifically catering to homes listed on www.airbnb.com. By using or receiving any services supplied to you by breathebnb, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement.

Breathebnb’s Responsibilities​

Following is a comprehensive list of all services breathebnb provides as part of the full management.

​WHAT WE DO:

· Manage the property’s listing on Airbnb through our account, or your existing listing, which includes: posting appropriate photographs (as taken by breathebnb or provided by client), writing a description of the property and the “House Rules”, responding to guest inquiries, accepting or rejecting potential guests, leaving reviews, and managing the calendar;
· Install a free “smart” lock to replace the deadbolt on the property so guests may have access without a key. This will ensure the code can be changed within minutes of a guest’s checkout, and increases security as a guest may have copied a key or not returned it after their stay. Original deadbolt will be reinstalled upon termination of agreement;
· Install an exterior security camera in order to monitor the front entrance for parties, excessive noise or unapproved guests at a rate of $3/month (not applicable for apartment units);
· Perform a preparatory clean to bring the home up to 5-star standard at a rate of $25/hour (mandatory prior to listing commencement);
· Set an optimal price for the property based on location, time of year, etc;
· Take payment directly from Airbnb, remove all fees and expenses and provide you with a detailed invoice along with a cheque or PayPal for your income each month;
· Coordinate property care (such as lawn mowing, snow removal) with a local company;
· Coordinate cleaners and linen laundering between guests;
· Coordinate inspections between guest stays to determine if any theft or damage has occurred;
· Coordinate handymen or emergency services such as plumbers or electricians, or, depending on the task and schedule permitting, provide repair services at a rate of $40/hour including travel time;
· Provide a comprehensive list of property necessities and purchase on your behalf any items missing at final inspection, at a rate of $30/hour;
· Remove any waste left on premises when management commences at a rate of $30/hour plus dump fees;
· Provide continuous biweekly waste removal services for a monthly fee of $12 (not applicable for apartment units with garbage chutes);
· Coordinate interior design services (please inquire for pricing);
· If requested, prepare a personalised property guide which will include local attractions, eateries, and property-specific instructions for $150;
· Act as the point of contact for guests staying at the property via phone 24/7 and instant messaging until 9pm;
· Provide guests with a key if a smart lock was not feasible due to the door being shared or deadbolt incompatible; and
· Purchase necessities from time to time for the property and keep it fully stocked.​

WHAT WE DON’T DO:

· Book guests with arrival times after 10pm unless the smart lock has been installed or alternative arrangements have been made for access to the property. However, if specially requested by a guest, we may be able to meet them on a case-by-case basis and we will coordinate with the guest if so;
· Act as or add a co-host. All listings will be newly built or recreated under our profile; and
· Perform any of our recurring services (key management, point of contact, inspections, etc) for reservations made outside the Airbnb website, either because it is a personal guest of the client, or the client themselves who would like to stay in the home.

​Client’s Responsibilities​

· Notify mortgage lender of intent to place property on Airbnb;
· Notify insurance company of intent to place property on Airbnb with a property management company and obtain a new policy for this purpose. Please contact your insurance provider for more information;
· Keep all necessary paperwork for tax purposes;
· Note that the property must be equipped with industry-standard amenities such as a TV with cable or Netflix, free Wi-Fi, coffee maker/kettle, etc. You may use our Netflix service for a monthly fee of $5 per TV;
· Notify breathebnb via email (info@breathebnb.com) of any dates you’d like to have the property booked off for yourself or a personal guest not booking via Airbnb (ensuring that the property is not already booked on these dates, as cancelling a guest’s booking is to be avoided as much as possible). All work to prepare the home for the next Airbnb guest will need to be performed by breathebnb for a fee of $25/hour; and
· Don’t force breathebnb to cancel guest bookings, as this is a black mark in the Airbnb community and will result in a poor rating left on breathebnb’s public profile, along with the loss of the opportunity to achieve Superhost status for a period of one year. Cancellations not due to extenuating circumstances (noted below) will be subject to a $2,500 fee in order to compensate. (Please note this cancellation penalty only applies if your listing is under breathebnb’s Airbnb profile.)​

WHAT COUNTS AS AN EXTENUATING CIRCUMSTANCE?:

· Serious illness in the family or serious personal illness (with proper documentation) that affects your ability to continue to pay bills or mortgage on the property;
· Natural disaster;
· Political unrest in the area;
· Serious property damage rendering a material portion of the home uninhabitable; and
· Serious maintenance issues that affect the ability to host​

​How to Terminate the Working Relationship​

So, what happens when you want to handle everything yourself? Or you want your home taken entirely off Airbnb?
​· Notify breathebnb in writing well enough in advance so we may block off the calendar to avoid new bookings (only applicable when your property is under our profile). All existing bookings must be honoured or will be subject to the cancellation penalty per cancelled booking. Note that any existing bookings we have coordinated under your profile that will take place after termination date (assuming you are keeping the property listed) will be billed a 14% fee, as we’ll have already done all the advance legwork; and
· If we were working with your existing Airbnb profile, we’ll change the payout bank back to your own on the termination date.​

​Dispute Resolution​

Sometimes, despite everybody’s best intentions, there can be disagreements on either side.

MEDIATION:​​

Client and breathebnb agree to mediate any dispute or claim arising between them out of this Agreement before resorting to posting negative reviews online, arbitration or court action. Professional mediation fees shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in such action. Exclusions from this mediation agreement are set forth below.​

​ATTORNEY FEES:​

In the event either party must engage in any effort, civil proceeding or other activity that arises out of, relates to or is connected with the enforcement or interpretation of this Agreement, or the rights or obligations of any party hereunder, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, to include expert fees and costs, incurred or sustained by such prevailing party in connection with those efforts.

​EXCLUSIONS:​

​Any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court are excluded from the requirement to mediate and arbitrate. The filing of a court action to enable an order of attachment, receivership, injunctive relief, or other provisional remedy, shall not constitute a waiver or violation of the mediation and arbitration provisions.

JURISDICTION:​​

Any disputes between Client and breathebnb Vacation Rental Management Ltd. shall be venued in Ottawa, Ontario and subject to Ontario provincial law.