Bighorn Heli Lodge Revelstoke

Canada: British Columbia

Bighorn Revelstoke; unique style and luxury service for the most discerning of skiers at their private heliski facility in the British Columbia backcountry.

GT&C

LineUpEXplorers GmbH (hereinafter LUEX), Dortmund, provides an internet-based intermediary platform for global travel-related products and services. For this purpose LUEX operates a travel information, communication and booking system on the internet. This offers travel-related products, services, and information. These terms and conditions govern the use of the entire LUEX offerings, also in particular the booking of trips, travel components and services. LUEX reserves the right to make provision for supplementary terms and conditions for certain travel-related offerings or destinations. As LUEX acts only as an intermediary, the specific and general terms and conditions of any third party offering a product or service shall also apply additionally. In the event of conflicting conditions, the general terms and conditions of LUEX shall apply preferentially.

The parties to the legal relations shall be designated as "Travellers", with a person who also makes a booking for one or more Travellers designated as a "Group leader". The member of a tour group shall also be designated as a "Group member". "Service provider" designates a company or person that delivers the actual product or service - usually on location at the destination - that LUEX (Intermediary) offers to Travellers.

 

1. Intermediary platform operator designation and information

LineUpEXplorers GmbH (abbreviated as LUEX)

Managing Director Tim Heising

Dortmund District Court HRB 23215 Dortmund

Kobbendelle 17, 44229 Dortmund, Germany

VAT ID No.: DE221867890

Telephone: LUEX general: +49 231 97676992

LUEX bookings Surf: +49 231 97676992

LUEX bookings Snow: +49 231 97676994

Fax: +49 231 58695399

Skype: LUEX general: luex-lineupexplorers

LUEX bookings Surf: luex-surf

LUEX bookings Snow: luex-snow

 

2. Website

The website constitutes the fundamental information that LUEX provides to Travellers. The offers, representations, data, software, images, illustrations and information are subject to copyright in virtually their entirety. To the extent that the design, photos, selection and manner of composition and preparation have been prepared by LUEX, the rights are held exclusively by LUEX. Large quantities of information, offers and images are delivered by third parties, in particular also by Service providers. This content is also legally protected by copyright, trademark and competition law and may not be copied, transmitted or used in any manner other than within the scope of the website without the prior express written authorisation of LUEX or the rights holder, if applicable.

LUEX shall make every effort to update information and prices at all times. Nevertheless, there may be differences due to the volume of data, information and parameters. Prices and specifications can be found based on the individually prepared offering. The booking confirmation and the price calculated for the Traveller are definitive.

LUEX is unable to monitor or check all information provided, especially links to other websites. LUEX is unable to maintain and update this content. In this respect, LUEX is unable to assume any responsibility.

 

3. Intermediary services

LUEX facilitates the provision of travel-related products and services by Service providers in the form of travel modules and services. LUEX is not a tour operator and does not deliver, own or control any of the travel-related products and services on offer. The travel-related products and services are delivered directly by the Service provider. The offerings provided by LUEX are intended for natural persons. In this context, the Traveller / Group leader making the booking must be at least 18 years of age. A Group leader aged 18 years or over must book for under-age travel companions. The offerings are primarily intended for Travellers from Germany. In utilising this offering, the Group leader making the booking promises that they are authorised to act on behalf of their travel companions, in particular to arrange travel-related services and to conclude contractual arrangements in the name of the Travellers. The Group leader is liable to LUEX as the joint and several debtor in addition to the individual Travellers for the payment of the travel-related products and services booked. Legally binding declarations received by the Group leader are deemed to have been received by all Travellers in the tour group.

 

4. Bookings

To the extent that no further commitment periods have been agreed, the following shall apply: By filling in the booking templates and confirming the booking procedure, the Traveller/Group leader commissions LUEX to finalise the intermediated procurement with the Service provider. A confirmation of receipt from LUEX with respect to an order immediately after the Traveller/Group leader has transmitted the data does not constitute a binding confirmation of the intermediated travel-related products and services.

Immediately upon receipt of the booking, LUEX shall assess the availability of all the booked products and services from the Service provider/s. Following this assessment, the Traveller/Group leader shall be issued a booking confirmation. The Traveller/Group leader is obliged to check this confirmation carefully immediately upon receipt. If information appearing on the confirmation or in another document is incorrect or incomplete, the Traveller/Group leader is obliged to inform LUEX immediately - in text form if possible. Alterations at a later point in time can only be considered if LUEX could reasonably be expected to make such changes. Unreasonable alterations are such changes in particular that involve additional costs for LUEX, unless the Traveller/Group leader reimburses these costs.

A binding agreement between the Traveller and the respective Service provider shall only eventuate when the binding booking confirmation has been transmitted to the Traveller/Group leader; the automatic LUEX confirmation of receipt is not a booking confirmation.

The following applies when a Group leader makes a booking for several Travellers: With their booking, the Group leader confirms that they are permitted to legally represent the group members (Travellers) and that the Group leader is permitted to make and receive declarations on behalf of the group members. If travel vouchers are dispatched, they shall be sent solely to the Group leader for the whole tour group. Payments shall be processed exclusively through the Group leader with debt discharging effect.

The contractual obligation of LUEX is limited to the proper intermediation of the booked travel-related products and services. The contractual obligations of LUEX do not include the delivery of the booked product or service.

 

5. Payments, cancellation charges

LUEX is entitled to demand payment of deposits and outstanding amounts in accordance with the general terms and conditions as well as the terms and conditions of payment of the Service provider of the mediated product or service. Payment shall be collected as instructed by the respective Service provider. It is possible that the method of payment accepted by the Service provider may differ from the standard modes of payment used by LUEX or in Germany generally. The details are to be found in each of the offerings respectively. To the extent that nothing to the contrary has been agreed, the following shall apply:

Following receipt of the payment request, payment of the deposit indicated on the payment request is to be made in a single payment within one week by means of the payment method indicated. The deposit shall be at least 25% of the total price of the travel-related products or services that have been booked. The outstanding amount for the travel-related products or services is to be paid no later than 30 days prior to the commencement of travel as a single payment by means of the payment method indicated without any further request for payment. In the case of tour groups, the Group leader is responsible for ensuring consistent payment processing. The total price of a tour booked at short notice (within 30 days of tour commencement) is due immediately.

If due payments are not made or not made in full and the Traveller/Group leader does not pay after a reminder with a final due date, LUEX or the Service provider are able to withdraw from the particular agreement, unless LUEX or the Service provider is already responsible for a significant flaw, failing or shortcoming at this time. If the Traveller is responsible for the cancellation, LUEX or the Service provider can demand compensation in accordance with the agreed fixed rates for compensation. If nothing else has been stipulated within the offer/travel confirmation, the fixed rate in the event of the Traveller cancelling more than 30 days prior to departure is 25% of the price of the tour. The Traveller/Group leader is entitled to provide evidence of lower costs or costs that did not eventuate, while LUEX is free to calculate and demonstrate substantially higher costs.

LUEX assumes no currency risks. In order to minimise currency risks, LUEX shall exchange the travel payments received into the target currency of the country of the respective Service provider as soon as possible after receipt of payment. In the event of major currency fluctuations, the Traveller/Group leader shall indemnify LUEX against any proven currency exchange losses. Reimbursements shall be made solely by means of bank transfers in the currency of the recipient. Bank fees and charges shall be borne by the Traveller/Group leader.

If the Traveller/Group leader pays by bank transfer, LUEX can only facilitate a smooth booking process if the Traveller/Group leader uses the designated booking ID in the purpose field of the bank transfer which is specified in the request for payment. Otherwise LUEX may not be able to assign the payment to the correct booking. A failure to do that correctly can result in the cancellation of a trip in the worst-case scenario.

If the Traveller wishes to book not as a private individual, but as a business traveller acting on instructions or as a legal representative, this must be noted already during the booking process and cannot be subsequently altered. This can have taxation consequences and should therefore be carefully considered.

The customer shall receive a payment receipt in the form of a booking confirmation from LUEX showing the total price, either paid or to be paid to the Service provider.

 

6. Alterations, cancellations, reimbursements

In the event that a confirmed booking is modified or cancelled, LUEX is to be contacted as quickly as possible in this matter such that a possible solution can be sought in consultation with the Traveller/Group leader. Additional costs that result for LUEX or the Service provider shall be borne by the Traveller/Group leader, whereby LUEX reserves the right to invoice a minimum fee of €50 for changes demanded solely by the Traveller.

Should there be a modification or cancellation by LUEX / the Service provider, LUEX shall also contact the Traveller/Group leader as soon as possible and seek a possible solution.

LUEX notes explicitly that as an intermediary LUEX cannot assume responsibility for the performance of the Service provider. In particular, LUEX offers individual travel-related products and services to exotic destinations. The Traveller recognises that booking and processing these products and services are more difficult and that a higher degree of flexibility is expected of these than for mass tourism.

 

7. Complaints and ratings

Should the Traveller be dissatisfied with an aspect of the travel-related product or service received in a particular case and wish to submit a complaint, they are to approach the Service provider or their representative directly at the location during their current stay so that this person can attempt to solve the problem. LUEX recommends notifying the Service provider in text form that documents the shortcomings, if possible with the aid of photos.

If the problem cannot be resolved during the stay, the Service provider must be contacted within 30 days of returning from the trip. The Service provider should then respond to the correspondence according to the applicable laws and regulations. Receipt should be confirmed in 14 days and a full response received within 28 days. If this is not the case, an explanation for the delay should be received from the Service provider.

Should the travel-related product or service not match the description on the LUEX platform, the customer must approach the Service provider or their representative directly at the location during the customer's stay. LUEX shall support customers with respect to their complaint. LUEX is to be informed of the facts involved in the situation as soon as possible in order to be able to assist in finding a solution.

The Service provider is to be contacted immediately in the event of flight or transportation problems. Customers are to check information and the general terms and conditions given to customers via the Service provider before the commencement of travel.

 

8. Visa, passport and travel regulations

The Traveller/Group leader shall pay attention to the special visa, passport and travel regulations for the Travellers and their country of destination. LUEX makes every effort to inform customers as comprehensively and accurately as possible. To the extent that LUEX draws attention to particular details, this can only be considered as non-binding information. Considering the high number and frequency of possible amendments to regulations, Travellers/Group leaders are requested to contact the relevant embassy/consulate for the particular destination. In this respect LUEX can assume no responsibility whatsoever for any assurance, guarantee, currency or accuracy of the information. The information provided by Travellers’ ministries of foreign affairs are a reliable source with respect to many travel destinations.

It is the sole responsibility of the Traveller/Group leader to ensure that all Travellers are in possession of all requisite travel documents (passport, Visa, etc.) at the commencement of travel and that all Travellers fulfil the health requirements.

 

9. Insurance

To the extent that it is not expressly offered, insurance cover does not constitute part of the travel-related products and services offered. LUEX recommends that customers take out travel insurance, in particular travel cancellation cost insurance and in certain circumstances overseas travel insurance, including an overseas health cover component. LUEX names a reliable partner offering the relevant insurance policies to its customers at: http://www.luex.com/info/insurances.html.

 

10. Liability, responsibility

LUEX depends on the information provided to it by the Service providers with respect to the details of the travel-related goods and services. LUEX has only extremely limited opportunities to check such information with respect to their accuracy and completeness. Consequently, LUEX is unable to provide any guarantees or assurances with respect to the completeness, accuracy or currency of such information. The same applies for any other information made available by third parties.

LUEX is not liable for the availability of the travel-related product or service at the time of booking or for the performance of the booked travel-related product or service by the Service provider.

Within the scope of its performance obligations, LUEX is only liable for any losses that may result in the following cases, irrespective of legal grounds: The statutory regulations shall apply with the following restriction: Liability or minor negligence on the part of LUEX or its vicarious agents is excluded, provided that neither an essential contractual obligation was breached nor is there a case of initial incapacity, impossibility or default on the part of LUEX. Otherwise liability is limited to the value of the travel-related products and services booked, in any case however to predictable and typical losses. The exclusions of liability or facilitation shall apply in the same manner to the executive bodies of LUEX, as well as to their vicarious agents.

Travellers and Group leaders shall be liable to LUEX for each and every reservation/booking that is made in bad faith or with deceitful intent or with erroneous or incomplete personal data. The opportunity to book travel-related goods and services may only be utilised in order to make legal bookings as a Traveller or as a Group leader for a third party. At the same time, in utilising the offerings the Group leader guarantees that they are authorised and are permitted to act in the name of fellow travellers. In the event that there is a breach of these guarantee, the Group leader is liable without limitation to LUEX and their respective Service providers for the losses resulting from the aforesaid person’s actions.

In many countries there are safety standards that differ from those generally found in Europe, Australia or the USA. Travelers/Group leaders are strongly encouraged, also in their own interest, to access information once again immediately before commencing travel in accessible sources, such as the internet pages of the Foreign Office, with respect to changes in the travel regulations and safety warnings for the country of destination.

 

11. Final provisions

Should business terms and conditions or parts of the agreement be or become invalid, the validity of the remaining parts of the agreements shall not be affected.

Amendments or additions to all agreements, including a divergence from these general terms and conditions, are only possible in text form (written, by fax or e-mail). Oral agreements require written confirmation to be valid.

All communication between LUEX and a Traveller/Group leader is to be undertaken by e-mail if possible. The Traveller/Group leader therefore promises to receive and read e-mails and implement the information/instructions from LUEX accordingly. LUEX must be informed immediately of changes in contact details.

All contractual relations between LUEX, its customers and Service providers are subject exclusively to German law - with the exception of the UN Contract for the International Sale of Goods (CISG) convention. Dortmund shall be the mutually agreed place of jurisdiction for non-German Travellers.

Operator's GT&C

1.General

Chris and Michael Kirkland (the "Owners") are the owners of Bighorn, located in Revelstoke, British Columbia, Canada (the "Property").

The Owners are offering the Property as vacation rental accommodation to you ("you", or the "Client") according to the terms and conditions as set out in the quotation in respect of the Property that you have executed (the "Quotation") and these following terms and conditions (the Quotation and the following terms and conditions collectively, the "Rental Agreement").

2.Restrictions

You agree to abide by the terms of the Rental Agreement, and to ensure that that all persons accompanying you at the Property abide by the terms of use applicable to the Property as set forth in the Rental Agreement.

3.Payment

(a)                You will pay the Owner the full rental fee set out in the Quotation (the "Rental Fee") for the use of the Property in respect of the fixed period set out in the Quotation (the "Rental Period"), as may be amended or adjusted in accordance with the Rental Agreement.

(b)                The Owners will confirm bookings in writing with you (the "Owners' Confirmation") upon the occurrence of both (i) the Owners' receipt and approval of the Quotation (which shall be in the Owners' sole discretion) and (ii) the receipt by the Payee (as defined below) of the Rental Fee deposit described in the Quotation (the "Deposit"). You will pay the balance of the Rental Fee (the "Rental Fee Balance") not more than 70 days prior to the first day of the Rental Period. You shall make all payments to Chris and Michael Kirkland (the "Payee"). A binding contract, consisting of the Rental Agreement, between yourself and the Owner shall be formed upon the Owners' issuance to you of the Owners' Confirmation.

(c)                Upon request by you, the Owners or their employees, consultants and/or agents (collectively, "Owner Representatives") may make purchases on your behalf both before and during the Rental Period. If you request any such purchases, you will first provide the Owners or Owners' Representatives with credit card details as a guarantee, or provide an agreed prepayment amount, and will repay the Owners and Owner Representatives in full for any such purchases prior to the end of the Rental Period. You will be charged a supplemental credit charge of 2.5% for any purchases made on your behalf by credit card. Payments by the Owners or Owner Representatives on your behalf to third parties do not make the Owners or Owner Representatives your agent, or make such third parties the sub-contractor of the Owners or Owner Representatives.

 

4.Change of rental period by you

(a)     If you wish to change the Rental Period to another period, you must provide the Owners with prior written notice describing the details of the proposed change (a "Rental Period Amendment Request"). Any change to the Rental Period shall require the Owners' prior written consent, and the Owners shall have no obligation to consider or consent to any requested change to the Rental Period.

If the Owners receive a Rental Period Amendment Request less than 70 days prior to the commencement of the existing Rental Period, or a Rental Period Amendment Request proposes an amended Rental Period that is in a season other than the season of the existing Rental Period, you will be deemed to have cancelled your reservation of the Property, and the terms of clause 5 below shall apply.

(b)    You agree to indemnify the Owners for all reasonable expenses that the Owners incur in attempting to accommodate a Rental Period Amendment Request, whether or not the Owners agree to such Rental Period Amendment Request.

5.Cancelation of rental by oyu

If you wish to cancel your reservation of the Property, you must provide the Owners with prior written notice confirming such cancellation (the "Cancellation Notice"), which notice shall be deemed effective upon receipt by the Owners. In the event that you cancel your rental of the Property, the Owners will refund to you that portion of the Rental Fee described in the table below, and the balance of the Rental Fee shall constitute a cancellation fee (the "Cancellation Fee") payable by you to the Owners immediately upon receipt of the Cancellation Notice by the Owners:

Days Before Start of Rental Period                                 % of Rental Fee Refunded

More than 70 days                                                                 75%

69-36 days                                                                                 30%

Less than 35 days                                                                   0%

6.Change of rental period by the owners

(a)            The Owners reserve the right to unilaterally change the Rental Period to another period, or to shorten the Rental Period, at any time (a "Rental Period Change"). The Owners shall use reasonable commercial efforts to notify you of any Rental Period Change.

(b)                If the Owners determine (in their sole discretion, acting reasonably) that a Rental Period Change will have significantly adverse impact on you, you shall have the right to cancel your rental of the Property by providing the Owner with written notice prior to the commencement of the original Rental Period, and in the event of such cancellation (a) the Owner will provide you with a full refund of the Rental Fee (excluding any insurance premiums already paid by the Owners) and (b) the Owners will pay you additional compensation as follows:

(c)                Days before start of original Rental Compensation per booking Period that Owners provide you with notice of Rental Period Change

More than 70 days                                                                        CAD200

69-28 days                                                                                        CAD400

Less than 28 days                                                                          CAD1000

If a Rental Period Change results in a shortening of the Rental Period, and you do not elect to cancel your rental of the Property as provided in section 6(b) above, the Owners will provide you with a

partial refund of the Rental Fee equal to the number of days by which the Rental Period has been

shorted divided by the total amount of the Rental Fee.

7.Cancellation of rental by owners

(a)               The Owners reserve the right to unilaterally cancel your rental of the Property for convenience at any time, and shall use reasonable commercial efforts to notify you of any such cancellation. In the unlikely event that the Owners cancel your rental for convenience, you will be compensated as set out in the table at clause 6(a) above.

(b)              In the event that you breach any of your obligations under this Agreement, the Owners may unilaterally cancel your rental of the Property for cause by notice to you, and the Rental Fee shall constitute a cancellation fee payable by you to the Owners immediately upon delivery of the notice of termination.

8.Your responsibilities

(a)          You agree to guarantee payment of any chargeable services that is at any time requested of the Owners or any Owner Representative by any member of your group.

(b)    You will treat the Property with care and respect, and will follow all policies and guidelines set by the Owners and the Owner Representatives with respect to occupation and use of the Property. Behaviour deemed unacceptable by the Owners or any of the Owner Representatives (acting reasonably) will result in the immediate termination of your rental of the Property and, notwithstanding any other provision of the Rental Agreement, you shall have no right to a refund of any of the Rental Fee, or compensation for any losses or expenses that you or any member of your group may have incurred as a result of such termination.

(c)           It is your responsibility to:

(1)              ensure that each member of your group carries adequate personal insurance. This insurance should include, amongst others, the loss, damage or theft of personal possession and medical and adequate repatriation coverage. For your safety and convenience please provide the Owners with policy details before you travel;

(2)                 ensure that documents of all members of your party are in proper order before you travel. You acknowledge that the Owners and their representatives accept no liability for any loss or inconvenience caused as a result of your failure to take reasonable care in this respect;

(3)                 make your group's travel arrangements to an airport from where the Owners can reasonably arrange a resort transfer for you. Please inform the Owners of your own flight arrangements at least four weeks prior to departure, requesting any transfers;

(4)                 provide the Owners with written details of any allergies suffered by any member of your group.

(c)               You acknowledge that the Owners and the Owner Representatives have no responsibility for you or any member of your group missing flights for any reason or mislaying or destroying travel documents, and no credit or refund will be given if you fail to take up any component of your permitted use of the Property as a result

(d)               You acknowledge that the Owners and the Owner Representatives are not responsible for any flight delays experienced by you or any member of your group. The Owners will, where reasonably possible, endeavor to provide any previously booked resort transfers

9.              Owner’s responsibilities

(a)               The information contained in the Owners' promotional material concerning the Property, including the information contained at the website, is believed by the Owners to be accurate at the time of publication, and all images, floor plans and services descriptions are intended to give a general impression only. The Owner reserves the right to make any changes to its promotional material that it deems necessary to more accurately reflect the Property.

(b)              During the period in which you are residing at the Property during the Rental Period, in the event of death, illness or personal injury to you or any member of your group during an activity that does not form part of your holiday arrangements booked with the Owners, the Owners will, in their sole discretion, offer assistance in helping resolve any claims made against third parties in relation to such death, illness or personal injury, provided that the Owners must be informed in writing within 90 days of your misadventure, and the Owners' assistance will be limited to an aggregate amount of CAD5,000. Should you or any member of your group receive any payment from any third party in respect of your misadventure, you agree to apply such payment to indemnify the Owners for all costs that the Owners and Owner Representatives incurred in rendering assistance to you under this clause 9(b).

10.Liability and indemnity

(a)    You will indemnify and hold Owners and the Owner Representatives (collectively, the "Owner Indemnitees") harmless against any and all claims, causes of action, demands and/or costs and expenses made by third persons against any or all of the Owner Indemnitees for:

(i)                   personal injury, including death, or

(ii)                 property damage, including, in the case of third persons, their economic loss arising therefrom,

if, and in the case of contributing causes, to the extent, caused by, or arising from, any wilful misconduct, or negligent act or omission of you or any member of your group in the course of, or in connection with, the use of the Property by you or any member of your group, or any services provided to you or any member of your group by the Owners or any Owner Representative. You will ensure that you and the members of your group carry insurance policies that cover accidental damage to the Property and its contents during the Rental Period

(b)       The Owners will not be liable for any consequential damages, loss or expenses arising out of or in connection with the use of the Property or an inability to use the Property for any purpose whatsoever, or any services provided by the Owners or any Owner Representative. The Owners' maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort or otherwise, shall not in any case exceed the aggregate Rental Fee plus any additional compensation expressly described in the Rental Agreement.

(c)    Owners will not be liable for any loss or personal injury to you or any member of your party for activities undertaken with third-party providers, whether or not the Owners or any of their Representatives assisted or recommended such providers. The terms and conditions governing the activities of such providers will always apply.

11.Any problems

If you are ever unhappy with any aspect of your holiday, you must address your complaint immediately to an Owners Representative who is resident at the Property. In the unlikely event that your problem cannot be

resolved locally, you must inform the Owners in writing of your complaint within 28 days of the end of the Rental Period.

12.Skiing

(a)                It is the responsibility of you and your group to judge the suitability of each area in which you ski. If you or any member of your group ski in a location on the recommendation of or are accompanied by any Owner Representatives, neither the Owners nor any of the Owner Representatives will be liable for any injuries howsoever caused.

(b)                  Unless specified by you pre-arrival, lift passes bought on behalf of you and your group will include ski hill insurance (where available) to ensure rapid response in the event of an accident whilst skiing.

13.Facilities

(a)            Check in time for the Property is 16.00h and check out is 11.00h PST. Earlier access will only be allowed if the Property is not occupied the previous week.

(b)           Use of the Property facilities by you and members or your party are at your own risk and the Owners accept no responsibility for accidents/injuries whilst using these facilities.

(c)            You assume all responsibility for ensuring, and shall ensure, that children are properly supervised whilst using all facilities at the Property, including, but not limited to, swimming pools, jacuzzis, saunas and gyms.

14.Force majeure

The Owners will not be in breach or default as to any obligation under the Rental Agreement if the Owners are unable to perform such obligation due to an event or circumstance of Force Majeure. The Owners will notify you in writing as soon as practical of any such anticipated breach in its obligations due to an event or circumstance of Force Majeure, and the nature and details thereof. "Force Majeure" means any event or circumstance not within the control of the Owners and, to the extent not within Owner's control, includes: (i) acts of God, including wind, ice and other storms, lightning, floods, earthquakes, volcanic eruptions, landslides and avalanches; (ii) epidemics, war (whether or not declared), blockades, acts of public enemies, acts of sabotage, civil insurrection, riots and civil disobedience; (iii) explosions and fires; and (iv) compliance with all orders of all governmental authorities, courts or tribunals or public authorities.

15.General

(b)                 Headings within the Rental Agreement are for convenience of reference only and shall not affect the meaning hereof, and words in the singular include the plural and vice versa.

(c)                 For greater certainty, the Owners may set-off any fees or other amounts owing to them by you that arise under the Rental Agreement against any Deposit or Rental Fee held by the Owners on your behalf.

(d)              The Rental Agreement will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein without regard for principles of conflicts of laws. The parties hereby submit to the non-exclusive jurisdiction of the courts of British Columbia in respect of any legal action commenced in respect of the Rental Agreement.

(e)               The terms and provisions contained in the Rental Agreement constitute the entire agreement among the parties with respect to the transactions contemplated herein, and supersede any previous oral or written communications among the parties, or any of them, with respect to the subject matter of this agreement.

PP/Night from US$ 339