WHISTLER VACATION CLUB AT TWIN PEAKS GUIDELINES These Guidelines dated January 10, 1996, amended June 7 th,2011, June 2 nd, 2013, November 22 nd 2015 and Oct 16th 2016 have been established for the benefit of all Members of Whistler Vacation Club at Twin Peaks (the Club ) which operates the Whistler Vacation Program at Twin Peaks, as defined and described in, and pursuant to, the Master Declaration and other Club Instruments. If there is a conflict among the terms of the Club Instruments, then the terms of each of the Articles, Master Declaration, Trust Agreement, Bylaws, Management Agreement and Guidelines shall supersede the terms and have precedence in respect of the Club Instruments, which rank after it in the foregoing order of priority. All fee changes are effective January 1 st, 2017. 1. DEFINITIONS The terms used in these Guidelines shall have the same meaning as set forth in the Master Declaration, unless the context is otherwise. 2. VACATION WEEKS AND POINTS RESERVATIONS You have the right to occupy Vacation Units at Whistler Vacation Club at Twin Peaks to the extent allowed, if you have purchased and hold a Vacation Week Certificate representing a Vacation Week, by the type of Vacation Week(s) and unit occupancy stipulated therein and if you have purchased and hold a Vacation Week Certificated representing Points, the number of Points stipulated therein. Fixed Weeks: Presidents Week, Christmas Week and New Years Week. Platinum Season: Platinum Season members are able to book in fixed week periods, however fixed week allocation will be done each year based on the number of Members owning fixed weeks. Thereafter, Platinum Members can book the balance of time available for the fixed week periods. Gold Season: Week 40-46 each year. Gold Season members are able to book outside of their Gold Season, providing the reservation is made after April 15 th each year and no more than 60 days in advance. Gold Season members may not book in the fixed week periods or after Week 46 each year. 2.1 Reservation Booking Order: Reservations will be honored on a first received, first fulfilled basis. 2.2 How to Make a Reservation: Reservations may be requested through the Member Services department by telephone, facsimile, mail, email or the website. Page 1
2.3 Advance Notice: A reservation may be made no earlier than 12:01 am (PST) 24 months before and no later than 24 hours before the first day of occupancy. However, a reservation made 14 days or less before occupancy could be competing with possible Bonus Time reservations. A Member may make a reservation, between 24 months and 24 hours, for a period of not less than one week in duration. If a Platinum or Gold Season Member elects to use his Vacation Week Certificate representing a Vacation Week in a 4/3night split, the Platinum or Gold Season Member may reserve his accommodation on a four-night/three-night basis, starting no earlier than 24 months prior to the occupancy date. Members who hold a Vacation Week Certificate representing a Fixed Vacation Week (President s Week, Christmas Week, or New Years Week) are unable to split their occupancy for that week. Those members who hold a Vacation Week Certificate representing Points must make their reservations through Resort Condominiums International (RCI). 2.4 Confirmation: Your reservation request must be confirmed by the Club in writing before it is valid. 2.5 Cancellation: If you cancel your reservation in any year, you will be charged a $25.00 CDN plus tax cancellation handling fee and may forfeit the use of a Vacation Unit for that year due to the inability to rebook your Vacation Unit within that year. Notwithstanding the foregoing, a Member who cancels a reservation for occupancy of a Vacation Unit in any year upon less than 15 days prior to arrival to the Club will have deemed to have forfeited the use of a Vacation Unit for that year. 2.6 Split Fee: Should you choose to split your Vacation Week into one four-night and one three-night stay, a fee of $95.00 for a one bedroom suite and $130.00 for a two bedroom (including taxes) will be added to your first reservation, and no charge for the second reservation. This rate may be changed at any time by the Board of Directors. The proceeds from all split fees are payable to the Club to reduce housekeeping expenses. 2.7 Length of Stay: All Vacation Weeks are for a seven-night period of time. Subject to the Guidelines, a Member may split his Vacation Week into one four- night and one three-night stay. 2.8 Maintenance Period: The Club shall reserve a period of seven nights and days during each calendar year as a maintenance period for each Vacation Unit. During this period, the Club shall maintain, refurbish, and repair such Unit as necessary; which the Club shall determine from time to time, and will determine which days and nights will constitute the maintenance period for each Vacation Unit. 2.9 Delinquency: No reservation request will be confirmed if you are delinquent in the payment of any amount owed to the Club or owed under your Promissory Note and Collateral Security Agreement. 3. BONUS TIME RESERVATIONS 3.1 Bonus Time: As a Member of the Club, you have the right to occupy Vacation Units through Bonus Time, which time period is paid for on a per use basis. 3.2 What is Bonus Time: Bonus Time is the use of Vacation Units as a result of unsold vacation week certificates, late check ins, early check outs, delinquencies, unpaid maintenance fees and cancellations. Page 2
3.3 Advance Notice: Reservations for Bonus Time Members may be made as provided in section 2.2 no earlier than 14 days before occupancy for Platinum and 7 days in advance for Gold Members. 3.4 Time Limit: Bonus Time may be reserved for 2 consecutive nights per contract. 3.5 Number of Reservations: You may hold only one Bonus Time reservation per contract until it is used. There is no limit on the number of Bonus Time reservations that a Member may make in a year. 3.6 The fee for Bonus Time is $180.40 CDN including tax, payable at the time a reservation is made for either Occupancy four or Occupancy six size Vacation Unit. The Bonus Time fee includes two consecutive nights of accommodation and there is no reduction in the Bonus Time fee if the Member stays only one night. A $25.00 CDN, including tax, Guest Fee will be charged in the event a Club Member is not present during the use of Bonus Time. The Board may change these rates at any time. The proceeds from all Bonus Time is payable to reduce operation expenses. 3.7 Cancellation: If you cancel Bonus Time reservations less than five (5) days prior to arrival, you will not have your Bonus Time payment refunded. 3.8 Security Deposit: The security deposit at the time of check in is $350.00. A valid credit card must be presented by the Member/guest checking in. 4. Points Occupancy 4.1 If a Member elects to become an RCI Points Member, then the Member is an RCI Points Member until the expiration of his contract with RCI Points and RCI Points Rules apply to that Member. The Member will make all reservations, internal or external, through RCI Points except for reservations of Bonus Time which will be made as set out in Section 3. If a Member terminated his relationship with RCI Points, he shall notify the Club thereof in writing and the Member shall become a Club Reservation Member until, or unless, membership in RCI Points is reinstated. 5. Owner Rentals 5.1 The owner rental program is a free service to owners with no guarantee. Should an owner cede their stay to the Owner Rental Program and pull the inventory less than 72hrs prior to the check- in date, an administration fee of $25.00 will apply. The Owner will receive 65% of the gross revenue, the remaining 35% revenue will go to the Club to offset expenses. 5.2 Tax: All non-canadian Residents are subject to a 25% withholding tax and will be required to submit a tax return to the CRA. 6. Check In-Check Out Time 6.1 Check- in for seven consecutive nights shall be 4:00pm or later and check-out shall be 10:00am or earlier. The check-in dates are as follows: First floor Units- Friday Second Floor Units- Saturday Third Floor Units- Sunday Page 3
7. CARE OF UNITS Late Check-out A fee of $200 will be charged for owners/guests checking out later than 12noon, providing the front desk has not granted permission for a late check-out. If a Member is using his Vacation Week on a four-night/three-night split, then the time must be used as follows: Unit Location 3- Night Stay 4-Night Stay First Floor Units Friday to Sunday Monday to Thursday Second Floor Units Saturday to Monday Tuesday to Friday Third Floor Units Thursday to Saturday Sunday to Wednesday Points Member will reserve through RCI with length of stay determined on point balance and resort availability. 7.1 Furnishings: When you or your guests occupy a Vacation Unit, you, the Club Member, are responsible for any damage to or loss of furnishings during such occupancy, other than normal wear and tear. 7.2 Charges: Any unpaid charges for service, damage, or loss, will be added to your bill at check-out or will be billed directly to you. Non-payment of such charges will be cause for suspension of occupancy privileges until paid. 7.3 Modification: No structural changes, reorganization or removal of furniture, wall hangings or floor covering or redecorating of any type within the Vacation Units or other areas of the Club property are permitted. 7.4 Housekeeping Services: Weekly housekeeping service is included in the annual maintenance fee. All Units will be cleaned prior to occupancy. The Board has established daily housekeeping service fees, and from time to time, may amend those fees. Notice of these fees shall be provided to Club Members. Members, at their own expense, may request additional housekeeping service during the week. 7.5 Inventory: At check-in, you may be given an inventory list for approval. You should report any missing items, damage or deterioration to your assigned Vacation Unit, or its common furnishings, to the manager of the Vacation Unit (the Manager ) as soon as possible after check-in. During the six hour maintenance period after each Club Member s period of occupancy, a complete inventory of the furnishings and equipment allocated to each Vacation Unit will be conducted. Any items that are missing or damaged following the departure of you or your guest will be charged to you. 7.6 Entry: The Manager has a passkey to all rooms. In case of emergency, the Manager or the Manager s employee may enter the Vacation Unit you are occupying. In such event, the Manager or the employee shall notify you, as soon as reasonably possible, of the reason for such entry. 7.7 Occupancy: Number of Persons: The maximum number of persons that may occupy a Vacation Unit is: Page 4
Occupancy 4 One Bedroom Suite Four People Occupancy 6 Two Bedroom Suite Six People Roll-away beds and cribs may be available for a nominal charge. Check with the Front Desk at check in for specific details. First come, first served. 7.8 Signs: No sign, advertisement, notice or other lettering shall be exhibited, displayed, inscribed, painted or affixed to, or on, any part of the Club property without the written permission of the Club. 7.9 Minors: No one under age 19 may occupy a Vacation Unit unless accompanied by a person 19 years or older. 7.9(a) Rentals: In the case of Rentals, no person under the age of 25 years may book or reserve a Unit. A $500 security deposit applies for all rentals. 8. CONDUCT 8.1 Noise: The Club may establish and post specific rules governing potentially loud our disturbing activities such as musical instruments, sound equipment or late evening entertainment. 8.1 Animals: No animal(s) or pets, except animals providing assistance for physically handicapped persons, may be brought in or onto any of the Club properties. 8.2 Barbecuing: Barbecuing is prohibited except in designated areas. 8.3 Clothes Drying: Towels, bathing suits, and other items may not be left on patios or railings so as to be visible from other dwelling Units or common areas. 8.4 Children: Parents are responsible for the conduct and supervision of their children. Children will not be permitted to play in corridors, stairways, parking areas or lobbies without parental supervision. 8.5 Personal Property: Neither the Manager nor the Club are responsible for any belongings left by you or your guest(s). You and your guests are responsible for removing all non-club property from the Vacation Unit prior to check-out. Except in areas which may be designated for such purpose by the Manager (for example: storage lockers), neither you nor your guests may keep personal property on Club Property or resort property other than in your assigned Vacation Unit. 8.6 In the event owners or guests request items mailed, the reimbursement charge will be the cost of the mailing plus 20%. 8.7 Smoking: Smoking is not permitted. 9. GUESTS 9.1 Guests: During your reserved period of occupancy, you may allow others to use the Vacation Unit assigned to you, subject to these Guidelines. The Club will not give access to any Vacation Unit without written permission from the Club Member in whose name there is a confirmed reservation. If you intend that a guest use a Vacation Unit during your reserved period of occupancy, you must inform the Club prior to the first day of such occupancy period. Please indicate name(s) and address (es) of the guest(s). Page 5
Guests will be required to show proof of identification and sign a registration card at check-in. A guest certificate may be required for guests using a reserved period of occupancy to which you are entitled under your Vacation Week Certificate. 9.2 Member May Charge Guests: Club Members may charge guests for the use of a Vacation Unit during the time within which they may reserve the same at the Club Members discretion. 10. VIOLATIONS 10.1 Generally: Your failure to abide by these Guidelines or the terms and conditions of the Program could result in temporary or permanent suspension of your rights and privileges as a Club Member. 10.2 Failure to Vacate: If you or your guests fail to vacate a Vacation Unit by check-out on the last day of your reserved period of occupancy, you will be subject to the repayment of all costs incurred by the Club and other Club Members, and other consequences as set out in the Master Declaration of the Club. 11. AMENDMENTS The Board of Directors of the Club may amend these Guidelines from time to time. Approved by the Board of Directors, Whistler Vacation Club at Twin Peaks, this October 16th 2016. Page 6