Cottage Care Rentals Inc. (“Cottage Care”) having its primary business address as: 50 Farmcrest Ave., Haliburton, ON K0M 1S0 is authorized by the Cottage Owner to take bookings and collect monies for the Cottage you are renting under the Terms and Conditions set out in the balance of this Agreement. The Cottage Owner has delegated authority to Cottage Care to execute this Agreement on their behalf.
GENERAL TERMS AND CONDITIONS
1. GENERAL: Cottage Care acts as a rental manager. It arranges bookings and reservations as agent for the Owner of the Cottage. The Terms and Conditions of this Agreement between you and the Owner are as set out herein. It is the responsibility of the Primary Guest to ensure that all Guests abide by these Terms and Conditions. The Primary Guest agrees that the information provided on the online booking for is true and accurate.
This Agreement will be binding, enforceable and take effect once the online booking application is approved and payment has cleared banking procedures. You will be notified by email once this has happened.
You are agreeing with the Terms and Conditions, and as such, You, the Primary Guest, acknowledge and confirm that you have read and agree to all General Terms and Conditions, Payment Information and Conditions, Security Deposit and Security Guarantee.
2. PROPERTY INFORMATION: Property Information for the Cottages can be found on the Cottage Care web site. You will find it useful to review before and during your vacation. There will also be a Property Information booklet at the cottage which will describe how things work, how to use the septic system, a description of the water system, where you can find cleaning supplies, Land Fill access card and location or information on garbage disposal, a Primary Contact in case you need help and other information and/or items that will assist you in the enjoyment of the Cottage.
3. DISCLAIMER: Every effort will be made to ensure that all the fundamental equipment at the Cottage is in good working order at the time of your arrival. In the unlikely event that there is a problem with the water, plumbing, electrical system or with a major appliance upon your arrival or during your stay, call the Primary Contact in accordance with the information contained in the Property Information. It is the Owner’s intent to address issues as promptly as can be reasonably done. If such fundamental elements or services cannot reasonably be provided, the sole obligation of the Owner and Cottage Care shall be to provide a refund as deemed appropriate commensurate with the circumstances.
Recreational items such as boats, televisions, radios, DVD players, and other such recreational items are provided at the discretion of the Owner as an added feature for the Guest’s use. While every attempt will be made to ensure that such equipment is available and in working order, should breakdown or some other situation occur whereby these elements are not available or not working, neither Cottage Care nor the Owner shall be responsible for replacing same or for refunding any monies.
The information contained in any printed materials or web site is believed to be accurate at the time it is created. However, Cottage Care reserves the right to make alterations based on revised input from the Owner. Although Cottage Care shall endeavor to inform you of such alterations, the failure to do so shall not form a breach of the Agreement or relieve you of your obligations under this Agreement.
4. DRINKING WATER: The Owner has provided information on the water supply in the Property Information, however, Cottage Care and the Owner recommends that you bring drinking water with you if you have any concerns.
5. USE: Unless otherwise stated, Guest(s) are required to supply bed linens, pillowcases, towels, face cloths, dishcloths and tea towels. The Owner will provide pillows, blankets and cleaning supplies.
You agree to keep the Cottage and all furniture, fixtures and effects in and around the Cottage in the same state of repair and condition as at the commencement of the rental period, save and except for ordinary wear and tear. Your Security Deposit or Security Guarantee will be used to cover costs to fix or replace broken items and/or clean the Cottage and/or remove garbage. In the event of accidental damage, please contact Cottage Care as soon as is reasonably possible before leaving so that we can work out arrangements in advance to repair or replace damaged items.
You agree to use the Cottage for personal vacation use only. All persons staying at the Cottage at any time will be named, along with their ages as part of the booking process. If you contravene the maximum number stated for the Cottage, you agree that you will be subject to immediate eviction without refund or an additional nightly charge of $100.00 per person, at the discretion of the Owner or Cottage Care. Please note that any person, regardless of age, is counted as a person in the occupancy of a Cottage.
Pets are only permitted on the property if they are indicated on the booking application form and approved by the Owner. If a property is “NO PETS” restricted, please note this does not necessarily mean the cottage has not had pets present at some time. Cottage Care and the Owner take no responsibility for conditions arising from allergies at any cottage, whether noted as “NO PETS” or not. If a property is “NO PETS” restricted and it is found that pets have been brought on to the property, you will be asked to leave without refund.
If the Cottage provides a fire pit you are responsible to check with local authorities for information on fire permits, fire bans and or fire restrictions before you start any outdoor fires.
Smoking is not permitted inside any Cottage. Smoking is permitted outdoors, however butts must be contained in a fireproof container which should be removed when you leave. Any clean up and/or fumigating of the property will result in cleaning charges.
Camping, tenting or other auxiliary accommodation is not permitted on the Cottage property.
6. LIMITATION OF LIABILITY: The Primary Guest acknowledges that the Owner and Cottage Care accept no liability for loss, damage, death, illness, or injury suffered by any person or pet as a result of using this Cottage. You agree that such liability rests entirely with the Primary Guest.
7. INDEMNITY: The Primary Guest acknowledges that the use of the Cottage by all Guests is entirely at your own risk. The Primary Guest shall indemnify and hold harmless the Owner and Cottage Care against and from all expenses, costs, damages, suits, actions or liabilities arising from all loss of or damage to the Cottage, injury, personal condition or death resulting from the use of the Cottage, grounds, boats or lake.
8. INSURANCE: You represent and warrant that you carry proper Insurance. The Owner does not carry insurance on the valuables, or clothing of the Guests or for any willful damage caused by the Guests. It is therefore the Primary Guest’s responsibility to Insure against any unforeseen damage or loss of any Guest(s) possessions and damage to the cottage caused by any Guest. If you have a Home Owner’s policy, you may be covered under that policy for short-term rentals such as this one. You should check with your Insurance Agent for details.
9. PAYMENT INFORMATION AND CONDITIONS
a) There is an Non-Refundable Service Fee applied to every booking.
b) You authorize Cottage Care to charge your credit card for the fees and penalties noted in this Agreement.
c) For an accepted booking that is made more than 30 days in advance of the check-in date, a deposit of 30% of the Rental Rate and the non-refundable Service Fee + HST will be applied to your credit card. The balance of the Rental Rate plus any other services you have requested is due 30 days prior to the beginning of your stay.
d) For an accepted booking made within 30 days from the check-in date all fees will be due upon booking.
e) Some bookings on any Cottage may require a deposit called, (the “Security Deposit”) the amount for which will be displayed on the booking invoice. The Security Deposit is due 30 days in advance of the check-in date or upon booking if less than 30 days from the check-in date. The Security Deposit will be returned to you within 10 business days after the check-out date if there is no damage, extra cleaning or garbage removal required. If there is damage, extra cleaning or garbage removal required and/or any other penalties as per this Agreement, they will be subtracted from the Security Deposit and the balance, if any, will be returned to you along with an invoice for those charges. For issues that exceed the Security Deposit, further charges may be applied to your Credit Card.
f) For bookings that do not require a Security Deposit, you agree that you are providing your credit card as a guarantee called, (the “Security Guarantee”) which will be used to pay for damages, extra cleaning, garbage removal and any other penalties as per this Agreement.
g) Unless otherwise included in the rental rate, fees that apply to this Section 9 e) and f) are; i) $100 plus $40/hour for extra cleaning; ii) $30.00 per bag of garbage we need to remove; iii) damage and repair fees are commensurate with the cost of remediation. All fees are subject to HST.
10. CANCELLATION BY OWNER: In the unlikely event that the Cottage is struck by disaster, then, this Agreement will be null and void and all payments will be immediately refunded.
11. CANCELLATION BY YOU: If the Primary Guest wishes to cancel the Agreement, you must notify Cottage Care in writing and you are agreeing that the following policy shall apply to all cancellations:
(a) If the cancellation is received in writing 30 days prior to the check-in date, then the 30% deposit of the Rental Rate will be refunded, less a Cancellation Fee of $150.00 + HST.
(b) If the cancellation is received less then 30 days prior to the check-in date, Cottage Care will endeavor to find a replacement booking for the same period and if successful then the 30% deposit of the Rental Rate plus any other services you have paid for, except the Non-Refundable Service Fee, will be refunded less a $150.00 + HST cancellation fee, otherwise no refund will be made.
12. KEYS: At the end of the rental period, return all keys to the Lock Box located on the Cottage door. If you forget to leave the key(s) in the Lock Box or inside the cottage for those keys located in the cottage, you agree to pay $200.00 plus HST per lockset via your credit card so that we can rush a new lockset(s) and key(s) to that location for subsequent Guests to enjoy their vacation.
13. ACCESS: The Owner, their designate or Cottage Care personnel shall be allowed access to the Cottage at any reasonable time during your occupancy.
14. REFUNDS: You agree that you shall not be entitled to any refund arising from weather or water conditions, changes or fluctuations in the lake level, conditions at neighbouring cottages or other conditions beyond the control of the Owner or Cottage Care.
15. JURISDICTION: The laws of the Province of Ontario shall govern this Agreement.
16. SEVERABILITY: If any provision(s) of this Agreement are invalid, such provisions shall be considered separable and the remaining provisions shall remain in full force and effect.
17. ENTIRE AGREEMENT: There are no representations, collateral Agreements, warranties or conditions either written or verbal except as set out in this Agreement.
18. ASSIGNMENT: You have no right to assign or sublet this Agreement under any circumstances.
19. FORCE MAJEURE: Neither Cottage Care nor the Owner are responsible for failure to service this Agreement if the failure arises out of causes beyond their control including, water levels, hydroelectricity failures, severe storms, acts of God or any other cause whatsoever beyond their control.
20. FACSIMILE and eMail: We all agree that FAX and email may be used to communicate information, additions and deletions to any Terms and Conditions or pricing if both parties agree to them within the body of such communications.