Terms of Service
Section 01
Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Guest” or “you”) and Kyan Properties Inc. (“Kyan Properties,” “we,” “us,” or “our”), a company incorporated in Alberta, Canada.
By accessing our website at kyanproperties.com, making a booking inquiry, or completing a reservation, you agree to these Terms. If you do not agree, do not proceed with a booking.
We may update these Terms at any time. Material changes will be communicated via the email address provided at booking. Continued use of our services after changes are posted constitutes acceptance of the revised Terms.
Section 02
Definitions
- “Property” — Any residential unit, suite, or accommodation listed and managed by Kyan Properties.
- “Booking” — A confirmed reservation for a specific Property for specific dates, accepted by Kyan Properties.
- “Guest” — The individual who completes and is named on a Booking, and any accompanying occupants.
- “Short-Term Stay” — Any stay of fewer than 30 consecutive nights.
- “Mid-Term Stay” — Any stay of 30 consecutive nights or more.
- “Total Booking Fee” — The sum of nightly rate(s), applicable cleaning fees, service fees, and all applicable taxes presented at checkout.
Section 03
Booking & Confirmation
All bookings are subject to availability and are not confirmed until you receive a written confirmation from Kyan Properties via email.
- You must be at least 21 years of age to make a booking. By booking, you confirm you meet this requirement.
- The Guest named on the booking is responsible for all occupants during the stay and for compliance with these Terms.
- Bookings made through our direct website are subject to these Terms. Bookings made through third-party platforms (Airbnb, VRBO, etc.) are additionally governed by those platforms' respective terms.
- We reserve the right to decline any booking at our discretion, including if we reasonably believe misrepresentation has occurred.
- Payment in full (or the required deposit) is due at the time of booking confirmation unless otherwise agreed in writing.
Section 04
Rates, Fees & Taxes
All prices displayed on our website are in Canadian dollars (CAD) unless otherwise noted.
- Cleaning fees are disclosed at checkout and are non-refundable once a stay has commenced.
- Goods and Services Tax (GST) at the applicable federal rate is added to all bookings as required under the Excise Tax Act, R.S.C., 1985, c. E-15.
- Alberta Tourism Levy of 4% applies to short-term accommodation under 28 consecutive nights pursuant to Alberta's Tourism Levy Act. This levy is collected by Kyan Properties and remitted to the Government of Alberta.
- Calgary Municipal Short-Term Rental Levy and any other applicable municipal charges are included where required by local by-laws.
Section 05
Cancellation & Refunds
Our standard cancellation policy is as follows:
- 60+ days before check-in: Full refund of the total amount paid.
- 30–59 days before check-in: 50% refund of the total amount paid.
- Fewer than 30 days before check-in: No refund under any circumstances.
- No-shows & early departures: No refund is issued. The full booking amount is forfeited.
Refunds, where applicable, are returned to the original payment method within 5–10 business days. Processing times may vary by financial institution.
Kyan Properties reserves the right to cancel a booking at any time due to circumstances beyond our control (e.g., property damage, safety hazards, natural disasters). In such cases, a full refund will be issued and we will make reasonable efforts to find alternative comparable accommodation.
Section 06
Check-In & Check-Out
- Standard check-in: 4:00 PM local time.
- Standard check-out: 10:00 AM local time.
- Early check-in and late check-out are subject to availability and must be arranged with Kyan Properties in advance. An additional fee may apply.
- Access instructions will be provided via email prior to your arrival. It is your responsibility to ensure we have a current and accurate email address on file.
- Failure to vacate the Property by the agreed check-out time will result in fees as outlined in the Property's House Rules, which are presented and agreed to at the time of booking.
Section 07
Guest Responsibilities
As a Guest, you agree to:
- Treat the Property, its furnishings, and all equipment with reasonable care and leave them in the same condition as found.
- Comply with all applicable federal, provincial, and municipal laws during your stay.
- Respect noise restrictions and be considerate of neighbours. Alberta municipalities may enforce noise by-laws; violations are the Guest's responsibility.
- Not exceed the maximum occupancy listed for the Property. Unauthorized occupants may result in immediate termination of the booking without refund.
- Report any damage, malfunction, or safety concern to Kyan Properties promptly.
- Not use the Property for any commercial purpose, event, or gathering without prior written consent.
- Comply with the Property's specific house rules, which will be provided at or prior to check-in.
Section 08
Prohibited Activities
The following are strictly prohibited at all Properties:
- Smoking of any substance indoors (including e-cigarettes and vaping).
- Parties, events, or gatherings beyond the registered guests without written approval.
- Sub-letting, re-listing, or transferring the booking to any third party.
- Any illegal activity on the premises, including but not limited to activities that violate the Criminal Code of Canada.
- Use of the Property for any commercial filming, photography, or production without written consent.
- Tampering with safety equipment (smoke detectors, carbon monoxide detectors, fire extinguishers, security systems).
- Pets, unless explicitly permitted in the booking confirmation.
Violation of any prohibited activity may result in immediate termination of your stay without refund and may render you liable for damages, fines, or legal action.
Section 09
Damage & Security Deposits
Guests are financially responsible for any damage to the Property, its contents, or common areas caused during their stay beyond normal wear and tear.
- A security deposit or damage authorization may be required at booking and will be disclosed before payment is collected.
- Where no damage deposit was pre-authorized, your credit card on file may be charged for verified damage costs within 14 days of check-out.
- We will provide reasonable notice and documentation of any damage claim before processing charges in excess of the pre-authorized amount.
- Disputes regarding damage charges must be raised in writing within 7 days of the charge notification.
Section 10
Extended Stays & Holdover Policy
- Firm end date. The license and right to occupy expires automatically at 10:00 AM on the confirmed check-out date. No holdover, extension, or continued occupation is permitted without a new, separately confirmed booking accepted in writing by Kyan Properties.
- Unauthorized holdover. Any Guest who remains in the Property after the confirmed check-out date and time without a new written booking is in unauthorized occupation and trespass. Kyan Properties reserves all legal remedies, including but not limited to immediate lock changes, police involvement for trespass where applicable, and applying to the appropriate court or tribunal for an order of possession, and recovery of all costs, losses, lost revenue, damages, and legal fees from the Guest.
- Holdover charges. In addition to other remedies, unauthorized occupation will be charged at two (2) times the highest nightly rate applicable to the booking, per calendar day or partial day. These charges are liquidated damages and are in addition to — not in lieu of — any other claims Kyan Properties may bring.
- No implied renewal. Acceptance of any holdover payment is under protest and without prejudice; it does not constitute consent to extended occupation or creation of any tenancy or new license.
- Extensions. Requests to extend must be made before check-out. Extensions are valid only if confirmed in writing by Kyan Properties with payment received in advance.
Section 11
Privacy & Personal Information
Kyan Properties collects, uses, and discloses personal information in accordance with Alberta's Personal Information Protection Act, S.A. 2003, c. P-6.5 (“PIPA”) and, where applicable, the federal Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (“PIPEDA”).
- We collect personal information (name, email, phone number, payment information, government-issued ID where required) solely for the purpose of processing and managing your booking, communicating with you about your stay, and complying with our legal obligations.
- Payment information is processed by our third-party payment processor and is not stored on our servers.
- We do not sell your personal information to third parties.
- You may request access to, correction of, or deletion of your personal information held by us at any time by contacting us at info@kyanproperties.com.
Please review our full Privacy Policy for complete details on how we handle your personal information.
Section 12
Electronic Communications
By making a booking, you consent to receive transactional electronic communications from Kyan Properties related to your reservation (confirmation emails, check-in instructions, and post-stay follow-ups). These communications are necessary for the performance of our agreement with you.
We may also send you commercial electronic messages (such as promotional offers or news) only with your express or implied consent as defined under Canada's Anti-Spam Legislation, S.C. 2010, c. 23 (“CASL”). You may unsubscribe from marketing communications at any time by clicking the unsubscribe link in any such email or by contacting us directly.
Section 13
Limitation of Liability & Guest Responsibility for Damages
To the maximum extent permitted by applicable law, Kyan Properties shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages arising out of or related to your booking or stay.
- Loss, theft, or damage to your personal belongings, vehicle, or any property brought onto the premises during your stay. Guests occupy the Property at their own risk.
- Interruption to utilities including internet, cable, water, or electricity that are outside our reasonable control.
- Any personal injury, illness, accident, or loss sustained at or around the Property.
- Failures, errors, or unauthorized transactions arising from third-party services including Stripe (payment processing), booking platforms, or any other third-party provider.
Our maximum aggregate liability to you for any claim arising from a booking shall not exceed the Total Booking Fee paid by you for that specific stay.
Section 14
Indemnification
You agree to indemnify, defend, and hold harmless Kyan Properties Inc., its directors, officers, employees, and agents from and against any claims, liabilities, damages, fines, costs, or expenses (including reasonable legal fees) arising out of or relating to:
- Your breach of these Terms.
- Your misuse of a Property or violation of house rules.
- Any injury or damage caused by you or your accompanying guests to persons or property during your stay.
- Your violation of any applicable law or regulation.
Section 15
Modifications to Terms
We reserve the right to modify these Terms at any time. The “Effective Date” at the top of this page will reflect the date of the most recent revision.
For existing confirmed bookings, material changes will not apply retroactively — the Terms in effect at the time of your booking confirmation govern that reservation.
Continued use of our website or services after any posted changes constitutes your acceptance of the updated Terms.
Section 16
Governing Law & Disputes
These Terms are governed exclusively by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.
- Exclusive jurisdiction. You irrevocably submit to the exclusive jurisdiction of the courts located in Calgary, Alberta, Canada for the resolution of any dispute arising out of or in connection with these Terms or any booking. Any action or proceeding must be brought in Calgary, Alberta, in the English language.
- Kyan Properties' right to seek immediate relief. Notwithstanding any dispute resolution process, Kyan Properties reserves the right to seek immediate injunctive relief, emergency orders of possession, or any other urgent equitable remedy from a court of competent jurisdiction at any time and without prior notice where Kyan Properties reasonably believes such relief is necessary to protect its property, business, or legal rights.
- Recovery of costs. In any legal proceeding in which Kyan Properties is the substantially successful party, Kyan Properties is entitled to recover all reasonable legal fees, disbursements, and costs from the Guest on a full-indemnity basis.
- No class actions. All disputes must be brought on an individual basis. You waive any right to participate in any class action, collective proceeding, or representative claim against Kyan Properties.
- Limitation period. Any claim you wish to bring against Kyan Properties must be commenced within six (6) months of the date on which the cause of action arose, regardless of any longer statutory limitation period that might otherwise apply.
Section 17
Contact Us
If you have questions about these Terms or your booking, please contact us:
