Damage and Maintenance Policy
1. Definitions
For the purposes of this Policy, we will use the following terms as defined below:
“Excluded Items” means damage or loss that is not covered by Eden Getaways Insurance Policy including (but not limited to) cash, jewelry, car keys or cars.
“Glassware” means glasses, vases or other glassware kept at the property.
“Guest” means a person who stays at a property.
“Guest Damage” means any damage to a lessor’s property caused by a Guest or a member of Eden Getaways staff during a agreement period other than:
- a Home Breakdown;
- Wear and Tear; or
- damage to and/or loss of any Excluded Items.
“Home Breakdown” means an issue with a Owner’s property that:
- affects its core functionality;
- causes the Owners property to fall below the Home Standards; and
- arises during the ordinary use of the Owners’s property by a Guest and/or Eden Getaways during a Stay.
Examples of a Home Breakdown include (but are not limited to) the breakdown of an appliance, a furnace, or hot water heater, storm damage, damage arising from a flood caused by plumbing at the property or fixtures and fittings becoming loose and unusable.
“Home Standards” means the standards adopted and updated by Eden Getaways from time to time in relation to the expected standard of a Owners’s property.
“Owner” means a person who Owns a property managed by Eden Getaways .
“Insurance Policy” means the insurance policy taken out by Eden Getaways from time to time to cover risks associated with individuals staying at the property of the Owners.
“Kitchenware” means plates, saucers, bowls and other crockery left at the property of a Owner.
“Quotation Estimate” shall have the definition in paragraph 2.5.
“Stay” the period of time the Owners property is being used for a short-term rental by a Guest of Eden Getaways and including any period when the property is being prepared by Eden Getaways either before or after such a period.
“Wear and Tear” means any damage to a Host’s property caused during a Stay that:
- does not affect the core functionality of the home;
- does not cause sufficient damage to the property to breach the Home Standards;
- is reasonably immaterial in nature for a property being used for short stays (as determined in our absolute discretion); and
- arises in the ordinary course of the property being inhabited,
Examples of Wear and Tear include (but are not limited to) scuffmarks on a wall of the property of less than 3 inches in length, gradual discoloration of a carpet over time or a light bulb breakage.
2. Guest Damages
2.1 Eden Getaways will reimburse an Owner for the cost of remedying or replacing any Guest Damage in accordance with this paragraph (2) and, in particular in relation to Glassware and Kitchenware, subject to paragraph 2.8.
2.2 Owners agree that Eden Getaways may seek to recover the cost of any Guest Damage caused by a Guest and Owners assign the benefit of recovering the cost of such Guest Damage.
2.3 In the event that Eden Getaways is either made aware of any Guest Damage arising during the Stay or upon a reasonable inspection of the property discovers any Guest Damage, we will use reasonable efforts to inform the Owner of such Guest Damage, at the latest, within 7 days of being made aware of said damage.
2.4 In the event Eden Getaways fails to identify any Guest Damage (other than Guest Damage identified in accordance with paragraph 2.3 above), the Owner must notify Serene Quarters within a period of 7 days of the relevant Agreement period.
2.5 Upon notification of the existence of Guest Damage in accordance with either paragraphs 2.3 and 2.4 above, Eden Getaways will obtain quotations from their own and/or third party contractors for the remedy or rectification of the Guest Damage and will notify the Lessor of the value estimate contained in the quotation (the “Quotation Estimate”).
2.6 In the event a Stay is:
- ongoing and it is necessary (as determined by Eden Getaways) to remedy or rectify the Guest Damage during the course of the Agreement, we will co-ordinate with our own and/or a third party contractor to remedy and/or rectify the Guest Damage for the cost stated in the Quotation Estimate; or
- when the Agreement is finished and the Guest Damage has not been rectified and/or remedied, Eden Getaways shall notify the Owner of the Quotation Estimate and the Host may choose whether to use the contractor(s) providing the Quotation Estimate or to use such other contractor as the Owner may determine in his/her absolute discretion.
2.7 Where a Owner uses a contractor(s) other than the contractor(s) providing the Quotation Estimate, Eden Getaways will reimburse the Owner up to an amount equal to the cost stated in the Quotation Estimate in full at which time it shall be considered final settlement of the Guest Damage.
2.8 Eden Getaways will not reimburse any Damage relating to Glassware or Kitchenware other than in its absolute discretion and, in any event, any such reimbursement as determined by Eden Getaways would be up to a maximum of $30 per item damaged.
3. Home Breakdowns
3.1 Subject to paragraph 3.3, an Owner has sole responsibility for the cost, remedying and rectification of any Home Breakdown.
3.2 Upon discovery of a Home Breakdown, Eden Getaways will notify the Owner as soon as reasonably practicable of such a Home Breakdown.
3.3 If it is not possible to contact the Owner within 24 hours of the Home Breakdown and either:
- a Guest is staying in the property at the time of the Home Breakdown; or
- a Stay is starting within 72 hours of discovery of the Home Breakdown; or
- the Home Breakdown is likely to cause material damage to the Host’s property if the Home Breakdown is not remedied or rectified promptly,
Eden Getaways will use reasonable measures to temporarily or permanently remedy and/or rectify the Home Breakdown including engaging third party contractors.
3.4 In the event Eden Getaways engages any cost in the remedy or rectification of a Home Breakdown in accordance with paragraph 3.3, the Owner will be liable to pay for the cost of such remedy or rectification of the Home Breakdown and at all times Eden Getaways will use reasonable measures to mitigate and reduce the cost of any such work.
4. For a Wear and Tear Case
4.1 Owners are solely responsible for the costs, remedy and rectification of making good any Wear and Tear.
4.2 Eden Getaways does not report to Owners instances of Wear and Tear at the property, unless over a period of time, the cumulative effect of many instances of Wear and Tear causes the property to breach the Home Standards (as determined by Eden Getaways).
4.3 In the event that the cumulative effect of many instances of Wear and Tear causes the property to breach the Home Standards and a Guest’s Stay is or will be affected detrimentally (as determined by Eden Getaways), Eden Getaways may temporarily or permanently rectify or remedy such Wear and Tear.
4.4 In the event Eden Getaways engages any cost in the remedy or rectification of cumulative Wear and Tear in accordance with paragraph 4.3, the Owner will be liable to pay for the cost of such remedy or rectification of such Wear and Tear, but at all times Eden Getaways will use reasonable measures to mitigate and reduce the cost of any such work.