TERMS AND CONDITIONS FOR LOCUM HOME INC.
Locum Home Inc. (“Locum Home“) is a web-based organization founded out of Vernon, Victoria, and Vancouver, British Columbia. Locum Home strives to serve public interest as a web-based marketplace platform (the “Locum Home Platform”) that connects members of the community (the “Hosts”) offering to host short-term home stay accommodations (the “Accommodations”) with registered healthcare professionals (“Guests“) who are traveling to provide medical services outside of their home community. Hosts can list their accommodation (the “Listing”) on Locum Home’s website, where Guests can browse and book Accommodation in accordance with the terms set out in the Listing and as referenced herein.
1. LOCUM HOME
1.1 Mission. To ensure that travelling and relocating Guests are able to access affordable and easily accessible accommodation in every community.
1.2 Services of the Locum Home. Locum Home provides an online platform that connects Hosts with Guests to facilitate the booking and renting of Accommodations. Locum Home does not own, operate or manage any accommodations listed on its website, and is not a party to any rental agreements between Hosts and Guests. Locum Home is not a party to any contracts entered into directly between Hosts and Guests, nor is Locum Home a real-estate broker, travel agency, or insurer.
2. HOST TERMS
2.1 Contracting with Guests. Upon the acceptance of a booking request from a Guests, Hosts are entering into a contract directly with the Guests on the terms set out in the Listing and in Locum Home’s standard Rental Agreement, and are responsible for delivering the Accommodation in accordance with such terms. Upon acceptance of a booking request, Hosts are also agreeing to pay applicable fees including Locum Home’s hosting service fee and applicable taxes for each booking. Hosts must hold the Security Deposit, as defined in section 3.2 , in compliance with the terms of the Rental Agreement. Locum Home will deduct amounts payable to Locum Home from the payout unless a different method is agreed upon. Any terms, policies or conditions that included in any supplemental contract with Guests must: (i) be consistent with these Terms, the Locum Home Policies, the Rental Agreement, and the information provided in the Listing, and (ii) be prominently disclosed in the Listing description.
2.2 Independence of Hosts. Hosts relationship with Locum Home is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Locum Home, except that Locum Home acts as a payment collection agent as described in the Payments Terms. Locum Home does not direct or control any Accommodation, and Hosts agree it is their complete discretion whether and when to provide Accommodation, and at what price and on what terms to offer them.
2.3 Legal Obligations. Hosts are responsible for complying with all applicable laws, rules, regulations and third party contracts that apply to a Listing or Accommodation. This includes, but is not limited to:
(a) ensuring compliance with all strata regulations where the Accommodation is a strata property;
(b) ensuring compliance with municipal zoning and municipal bylaws;
(c) obtaining all necessary permits and business licenses where required by regulatory authorities;
(d) ensuring compliance with residential tenancy agreements currently in place; and
(e) ensuring that the Guests stay at the Accommodation will not create any non- compliance under the Residential Tenancy Act, SBC 2002, c 78.
Information we provide regarding legal requirements is for informational purposes only. Hosts should independently confirm their obligations.
2.4 Listing Details. Hosts are solely responsible for the accuracy of the information provided in their Listings. Listings must include complete and accurate information about the Accommodation, price, other charges like cleaning fees, resort fees, and any rules or requirements that apply to the Listing. Hosts are responsible for keeping Listing information (including calendar availability) and content (including photos) up to date and accurate at all times.
2.5 Furnishings and Amenities. Hosts are responsible to ensure that all Accommodations are fully furnished and equipped with the necessary amenities for a comfortable stay.
2.6 Host Responsibilities. Hosts are responsible for setting their own price and establishing rules and requirements for their Listing, provided nothing shall be in conflict with these Terms or with the Locum Home Policies, and that these Terms and the Locum Home Policies shall take precedence in the case of conflict. Hosts must describe any and all fees and charges in the Listing description and may not collect any additional fees or charges outside the Locum Home Platform. Hosts must provide safe and clean accommodations to their Guests and must promptly respond to any inquiries, requests or complaints from Guests.
2.7 Prohibited Activities. Hosts are prohibited from using Locum Homes Platform to engage in any illegal, fraudulent, or discriminatory activities. Hosts may not use the platform to solicit or collect personal information from other users or to send unsolicited messages or spam.
2.8 Assumption of Risk. All Hosts hereby acknowledge that hosting carries inherent risks and agree to assume the entire risk arising out of access to and use of the Locum Home Platform, offering Accommodation, or any interaction with other Hosts or Guests whether in person or online. Hosts agree that they have opportunity to investigate the Locum Home Platform and any laws, rules, regulations, or obligations that may be applicable to their Listings or Accommodation and that they are not relying upon any statement of law made by Locum Home.
2.9 Insurance. Hosts are solely responsible for obtaining appropriate insurance for their Accommodation and are advised to ensure such insurance coverage extends to cover short-term rental accommodation.
2.10 Cancellations. The Host acknowledges Locum Home’s Cancellation Policy, and agrees comply with such policy when contracting with Guests. Refunds and fees associated with a cancellation are set out in the Cancellation Policy.
2.11 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Locum Home Platform, and agree to pay any additional amounts, fees, or taxes associated with a Booking Modification.
2.12 Taxes. Hosts are solely responsible for determining and fulfilling any obligations under applicable laws to report, collect, remit, or include in the Listing price any applicable GST, occupancy taxes, tourist, income, or other taxes (“Taxes“). Locum Home will in no way be responsible for collecting or remitting any Taxes on behalf of Hosts except as required by tax authorities, as outlined in section 2.13 .
2.13 Collection and Remittance by Locum Home. Locum Home may, where required by tax authorities, facilitate the collection and/or remittance of Taxes on behalf of Hosts, in which case Hosts hereby instruct and authorize Locum Home to collect Taxes on behalf of the Host, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Locum Home will be identified to Hosts or Guests on their transaction records, as applicable. Locum Home may seek additional amounts (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Host’s tax obligations, and it is agreed that the sole remedy for Hosts for surplus Taxes collected by Locum Home is a refund from the applicable Tax authority. It is further acknowledged and agreed that prior collection and remittance of Taxes by Locum Home on behalf of a Host does not create any obligation for future collection and/or remittance by Locum Home, and that Locum Home retains the right, with prior notice to affected Hosts, to cease the collection and remittance of Taxes for any reason.
2.14 Tax Information. Tax regulations may require that Locum Home collect and/or report Tax information about Hosts, or withhold Taxes from payouts to Hosts, or both. If Hosts fail to provide Locum Home with documentation that is determined to be sufficient to support any such obligation to withhold Taxes from payouts, Locum Home may withhold payouts up to the amount as required by law, until sufficient documentation is provided. Hosts hereby agree that Locum Home may issue on the Hosts’ behalf invoices or similar documentation for GST, consumption, or other Taxes for the Accommodation to facilitate accurate tax reporting by Hosts, Guests, and/or their organizations.
3. GUEST TERMS
3.1 Eligibility. To be eligible for Accommodation rental through the Locum Home Platform, Guests
(a) an active “registrant” as defined in the Health Professions Act, RSBC 1996, c 183 (the “HPA”); or,
(b) registered with the College of Physicians and Surgeons of British Columbia in the educational-postgraduate class as a postgraduate resident
and must in need of temporary accommodation for work purposes. All Guests must provide personal identification as well as the requisite documents to prove their eligibility, such as proof of their active college (as defined in the HPA) registration, a letter from the program director at the Guest’s school, and/or employment status (such as a copy of their employment contract or a letter from their employer) before entering requesting to book Accommodation.
3.2 Security Deposit. A security deposit of $500 (the “Security Deposit”) must be paid by Guests at the time of booking of Accommodation. The Security Deposit will be held by Locum Home in trust until the beginning of the stay, at which time it will be paid directly to the Host and held by them until the end of the stay, following which time the Security Deposit will be returned to the Guest, subject to the terms of the Rental Agreement.
3.3 Booking. Guests must provide accurate and complete information when booking a rental property through Locum Home. Upon booking an Accommodation, Guests are agreeing to pay all charges for the booking including the Security Deposit, the posted Listing price, applicable fees including Locum Home’s guest service fee, taxes, and any other items identified during checkout (the “Total Fees”). Upon making a request to a Host for the booking of an Accommodation, the Guests has created an offer to the Host to pay the Total Fees in consideration for the Host providing their Accommodation, and upon acceptance of the Guests’ offer to book the Accommodation, the Guests enters into a contract for Accommodations (the “Reservation”) directly with the Host on the terms set out in the Listing and in Locum Home’s standard Rental Agreement, and are responsible for immediate payment of the for the Accommodation in accordance with such terms.
3.4 Payment. Guests must pay the Security Deposit and Total Fees at the time of booking. Locum Home may collect payment on behalf of the Host, and the Host will receive payment and Security Deposit after the Guest has checked in.
3.5 Accommodation Reservations. A Reservation is a limited licence to enter, occupy, and use the Accommodation. The Host retains the right to re-enter the Accommodation during the stay, to the extent: (i) it is reasonably necessary, (ii) permitted by the contract with the Host, and (iii) consistent with applicable law. If a Guest stays past checkout as specified in the contract, the Host has the right to make the guest leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. Guests may not exceed the maximum number of allowed Guests as specified in the Rental Agreement.
3.6 Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Locum Home Platform, and agree to pay any additional amounts, fees, or taxes associated with a Booking Modification. 3.7 Guest Responsibilities. Guests must comply with all applicable laws and regulations related to their rental properties and treat the accommodations with care and respect. Guests are responsible for any damage they cause to the rental property or its contents, and for any loss or theft of property during their stay. Guests are responsible for ensuring that all furnishings and equipment are used in a responsible manner. Any damage caused by misuse will be charged to the Guest and debited from the Security Deposit amount released at the end of the stay.
3.8 Prohibited Activities. Guests are prohibited from using Locum Homes platform to engage in any illegal, fraudulent, or discriminatory activities. Guests may not use the platform to solicit or collect personal information from other users or to send unsolicited messages or spam.
3.9 Cancellation and Refunds. If a Guest cancels a Reservation, the amount of refund available to the Guest and any fees associated with the cancellation are determined by Locum Home’s Cancellation Policy.
3.10 Assumption of Risk. Guests acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, Guests assume the entire risk arising out of access to and use of the Locum Home Platform, including the stay at any Accommodation or any other interaction with other Hosts or Guests whether in person or online. It is the Guests’ responsibility to investigate an Accommodation to determine whether it is suitable for the Guest. Accommodations may carry a risk of illness, bodily injury, disability, or death. By choosing to stay at the Accommodation the Guest freely and willfully assumes those risks.
4. GENERAL TERMS
4.1 Reviews. After each stay at an Accommodation, Guests and Hosts will have an opportunity to review each other. The review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates any applicable, laws, regulations or guidelines. Reviews are not verified by Locum Home for accuracy and may be incorrect or misleading.
4.2 Fees. Locum Home may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Locum Home Platform. More information about when service fees apply and how they are calculated can be found on Locum Home’s Service Fees page. Except as otherwise provided on the Locum Home Platform, service fees are non-refundable. Locum Home reserves the right to change the service fees at any time. Fee changes will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 4.4 .
4.3 Rules. In addition to the obligations under these Terms, all Guests and Hosts must follow and must not help or induce others to break or circumvent Locum Homes’ rules (the “Rules”):
(a) Do not lie, misrepresent something or someone, or pretend to be someone else, be polite and respectful when you communicate or interact with others, and do not discriminate against or harass others.
(b) Do not request, make, or accept a booking or any payment outside of the Locum Home Platform to avoid paying fees, taxes, or for any other reason; (c) Do not offer Accommodation that violate the laws or agreements that apply to the Host;
(d) Do not use the name, logo, branding, or trademarks of Locum Home without permission;
(e) Do not organize or facilitate unauthorized parties or events;
(f) Understand and follow applicable laws, including privacy, data protection, and export laws; and
(g) Do not book Accommodation unless you are actually using the Accommodation.
4.4 Member Accounts. All Guests and Hosts must register an account to access and use many features of the Locum Home Platform. Registration is only permitted for legal entities, partnerships, and natural persons who are 18 years or older. You Guests and Hosts must provide accurate, current, and complete information during registration and keep the account information up to date. If and as permitted by applicable law, Locum Home may, but has no obligation to (i) ask Guests or Hosts to provide identification or other information, (ii) undertake checks designed to help verify identity or background, (iii) screen against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.
4.5 Locum Home’s Role. Locum Home offers the right to use a platform that enables Guests and Hosts to publish, offer, search for, and book Accommodation. While Locum Home works hard to ensure Guests and Hosts have great experiences using the Locum Home Platform, Locum Home does not and cannot control the conduct of Guests and Hosts. Guests and Hosts acknowledge that Locum Home has the right, but does not have any obligation, to monitor the use of the Locum Home Platform and verify information provided by Guests and Hosts.
4.6 Term. The agreement reflected by these Terms between Locum Home and Guests or Hosts is effective when Guests or Hosts access the Locum Home Platform and remains in effect until either the Guests or Hosts, or Locum Home terminates the agreement in accordance with these Terms.
4.7 Termination. Guests or Hosts may terminate this agreement at any time by sending an email to Locum Home. Locum Home may terminate this agreement at any time and for any reason by giving the Guest or Host 30 days’ notice via email or using the contact information the Guest or Host has provided. Locum Home may also terminate or suspend the account of any Host or Guest without notice who breaches these Terms, violates the Locum Home Policies, violate applicable laws, or there reason to believe in Locum Home’s sole discretion that termination is necessary to protect Locum Home, its other Guests or Hosts, or third parties.
4.8 Effect of Termination. If a Host terminates their Locum Home account, any confirmed booking(s) with that Host will be automatically cancelled and those Guests will receive a full refund. If a Guest terminates their Locum Home account, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Reservation’s Cancellation Policy. When this agreement has been terminated, the Host or Guest is not entitled to a restoration of their account. If a Host or Guest’s account has been suspended, or this agreement has been terminated by Locum Home, the Guest or Host may not register a new account or access or use the Locum Home Platform through an account of another Host or Guest.
4.9 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement.
4.10 Modification. Locum Home may modify these Terms at any time and will post the revised Terms on the Locum Home Platform and update the “Last Updated” date at the top of these Terms. If a party disagrees with the revised Terms, that party may terminate this agreement immediately as provided in these Terms. If a party does not terminate the agreement before the date the revised Terms become effective, the continued access to or use of the Locum Home Platform will constitute acceptance of the revised Terms.
4.11 Disclaimer of Warranties. Locum Home provides the Locum Home Platform “as is” without warranty of any kind and disclaims all warranties, whether express or implied. Locum Home does not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Guest, Host, Accommodation, Listing, or third party. Locum Home does not warrant the performance or non-interruption of the Locum Home Platform. Locum Home does not warrant that verification, identity or background checks conducted on Listings or Hosts or Guests (if any) will identify past misconduct or prevent future misconduct. The disclaimers in these Terms apply to the maximum extent permitted by law.
4.12 Limitations on Liability. Neither Locum Home (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Locum Home Platform will be liable for any damage or loss of property, incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with:
(a) these Terms,
(b) the use of or inability to use the Locum Home Platform or any Content,
(c) any communications, interactions or meetings Hosts or Guests may have with anyone else met through, or as a result of, the use of the Locum Home Platform, or
(d) publishing or booking of a Listing, including the provision or use of any Accommodation; whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Locum Home has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose. Hosts and Guests are advised to obtain their own insurance coverage to protect against any potential loss or liability.
4.13 Indemnification. To the maximum extent permitted by applicable law, Hosts and Guests agree to release, defend, indemnify, and hold Locum Home (including affiliates and personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(a) breach of these Terms or Locum Home’s Policies;
(b) improper use of the Locum Home Platform, (interaction with any Host or Guest, stay at an Accommodation, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (c) Hosts or Guests failure, or Locum Home’s failure at the Host or Guest’s direction, to accurately report, collect or remit Taxes, or
(d) breach of any laws, regulations, or third-party rights such as intellectual property or
4.14 Dispute Resolution. Any disputes between Hosts and Guests must be resolved between the parties directly. Locum Home will not be involved in any dispute resolution between Hosts and Guests, and is not liable for any damages arising from such disputes.
5.1 Entire Agreement. These Terms constitute the entire understanding between Locum Home and the Guests or Hosts as to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between Locum Home and the Guests or Hosts.
5.2 Assignment. Hosts or Guests may not assign, transfer or delegate this agreement or rights and obligations hereunder without Locum Home’s prior written consent. Locum Home may, without restriction, assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
5.3 Severability. If any provision of these terms is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (b) If an unenforceable provision is modified or disregarded in accordance with this section, then the rest of these Terms will remain in effect as written; and (c) Any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
5.4 No Waiver. Locum Home’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
5.5 Locum Home Platform Content. Content made available through the Locum Home Platform may be protected by copyright, trademark, and/or other intellectual property laws. Hosts and Guests acknowledge that all intellectual property rights for that content are the exclusive property of Locum Home and/or its licensors and agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices. Hosts or Guests may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any content accessed through the Locum Home Platform except to the extent they are the legal owner of that content or as expressly permitted in these Terms. Subject to the compliance with these Terms, Locum Home grants a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view the content made available on or through the Locum Home Platform, solely for personal and non-commercial use.
5.6 Notice. Unless specified otherwise, any notices or other communications to permitted or required under this agreement, will be provided electronically and given:
(a) by Locum Home: via email, or any other contact method Locum Home has been provided.
(b) By Guests or Hosts: via email to firstname.lastname@example.org
5.7 Governing Law and Jurisdiction. The Terms will be governed by and interpreted in accordance with the laws of the jurisdiction in which Locum Home is incorporated, namely the Province of British Columbia. Any disputes arising from the Terms will be resolved in the courts of that jurisdiction.
5.8 Force Majeure. Locum Home shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
5.9 Plural. Wherever the singular is used throughout these Terms it shall be construed as meaning the plural where the context requires and vice versa and whenever words are used importing the masculine, feminine or neuter genders they shall be construed as meaning the gender as required by the context or the Parties hereto. By using Locum Home’s platform, Hosts and Guests agree to be bound by the Terms. Locum Home may modify the Terms at any time, and the revised terms will be effective immediately upon posting on Locum Homes website. Hosts and Guests are responsible for reviewing the terms and conditions regularly to ensure compliance.
Locum Home Cancellation Policy
We understand that plans can change and unforeseen circumstances may arise. If you need to cancel your booking with us, please let your host know as soon as possible.
Our cancellation policy is as follows:
- If you cancel your booking 48 hours or more before the start of your stay, 100% of the booking fees paid will be refunded (excluding credit card fees).
- If you cancel within 48 hours of the start of your stay, you may be charged a cancellation fee of up to 50% of the booking fees paid. However, special consideration will be given to extenuating circumstances on a case by case basis.
In either case, the $500 deposit will be refunded in full. Additionally, upon canceling your booking, you are required to return the keys to the property owner.
We appreciate your understanding and cooperation in this matter. If you have any questions or concerns, please don’t hesitate to reach out to us.
We collect personal information from our users through our website and during the booking process for properties. This information includes, but is not limited to, names, contact information, payment information, and any other information provided by the user.
The personal information collected from our users is used to facilitate the booking process, process payments, and improve the user experience on our website. We do not sell or share any personal information with third parties, except as necessary to process payments or as required by law.
All personal information collected from our users is stored in a secure format and is protected by multiple layers of security. Only authorized personnel have access to this information, and it is only used for the purpose of fulfilling the booking process and improving the user experience on our website.
We take the protection of our users’ personal information very seriously. We implement strict security measures to protect against unauthorized access, alteration, disclosure, or destruction of personal data. Sensitive information, such as payment information, is securely encrypted and is not accessible to staff or third parties.
Locum Home Host Responsibility Policy
As a host on Locum Home’s platform, it is your responsibility to adhere to all local laws and regulations regarding property rental and taxation. This includes, but is not limited to, obtaining all necessary licenses and permits, registering your property with local authorities, and paying any applicable taxes.
Adherence to these laws is not the responsibility of Locum Home or its platform, but we may be required to investigate complaints made against hosts who use our platform in violation of these laws. In such cases, we may be required to provide information about the host and their listings to local authorities.
It is your responsibility to ensure that your listings are in compliance with all applicable laws and regulations, and that you have obtained any necessary licenses and permits. Failure to do so may result in penalties and legal consequences, which will not be the responsibility of Locum Home or its platform.
As a host, it is important to be aware that you are required to have property insurance that covers you as a short-term rental property owner. This insurance should provide protection for damages that may occur during a guest’s stay, such as theft, property damage, or other losses. Please note that Locum Home does not provide insurance coverage for hosts and does not assume liability for damages incurred by guests. It is your responsibility to secure appropriate insurance coverage for your property and to understand the terms and conditions of your policy. By using the Locum Home platform, you acknowledge and agree that you are solely responsible for any damages or losses that may occur during a guest’s stay, and that Locum Home is not responsible for any claims or damages arising from a guest’s use of your property.
By using the Locum Home platform, you agree to comply with all local laws and regulations regarding property rental and taxation, and to indemnify and hold harmless Locum Home and its platform from any and all claims arising from your failure to do so.
If you have any questions or concerns regarding your obligations as a host, please reach out to us for clarification. We are committed to supporting our hosts in following the laws and regulations regarding property rental and taxation, but ultimately, it is your responsibility to ensure that your listings are in compliance.