Updated October 2023
Guest Terms and Conditions of The Rental Agreement
Cottage Care Rentals Inc. (“Cottage Care”) is a registered member of the Travel Industry Council of Ontario and abides by the regulations as defined in The Ontario Travel Industry Act, 2002. Cottage Care acts as a booking agent for the cottage property owner (the “Owner”) and does not own or have any responsibility for the maintenance and/or upkeep of the cottage or its grounds (the “Property”). The Owner has delegated authority to Cottage Care to execute this Rental Agreement (the “Agreement”) on their behalf and is authorized by the Owner to take bookings and collect rental monies under the Terms and Conditions set out in the balance of this Agreement.
The Terms and Conditions of the Agreement between the Primary Guest (“You or Your”) and the Owner are set out herein. These Terms and Conditions are set to clarify the Owner’s obligation to the Primary Guest, the Primary Guest’s obligations to the Owner, and, in the unlikely event of any disputes, will be used as the basis for any resolution. Acceptance of these Terms and Conditions binds a contract between You and the Owner. In agreeing to the Terms and Conditions, You acknowledge and confirm that You have read and agree to this Agreement in its entirety. Please read carefully before confirming Your booking.
1.1. All cottage rental bookings are executed on Cottage Care’s online booking form (the “Booking Form”) accessed through the Guest Portal on the www.cottagecarerentals.com website using the Primary Guest’s unique log in credentials. This Agreement will be binding, enforceable, and take effect once the Booking Form is approved and payment has cleared banking procedures. You, as the Primary Guest, agree that the information provided on the Booking Form is true and accurate.
1.2. All Guests listed on the Booking Form or added and approved subsequently by Cottage Care will be bound by these Terms and Conditions. Occupancy of the Property is restricted to the Guests listed on the Booking Form or added subsequently by Cottage Care. You, as the Primary Guest on the Booking Form, will assume full responsibility for all Guests listed on the Booking Form throughout the rental period. Information or instructions relating to this rental will be communicated to the Primary Guest only. It is the responsibility of the Primary Guest to ensure that all Guests in Your group are aware of and abide by all the Terms and Conditions contained within the Agreement.
1.3. All Guests must abide by applicable Municipal By-Laws which include but are not limited to: Noise, Parking, Outdoor fire regulations and garbage separation and disposal.
2) Payment Information and Conditions:
2.1. There is a Non-Refundable Booking Fee + HST applied to every booking.
2.2. You authorize Cottage Care to charge Your credit card for the fees and liquidated damage noted in this Agreement.
2.3. Owners that require a Security Deposit called, (the “Security Deposit”), the amount for which will be displayed on Your invoice, is due 60 days in advance of the check-in date or upon booking if less than 60 days from the check-in date. The Security Deposit will be returned to You within 5 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 charges 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.
2.4. For Owners 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 liquidated damage as per this Agreement.
2.5. Bookings approved more than 60 days in advance of the check-in date require a deposit of 30% of the Rental Rate plus the Non-Refundable Booking Fee. The balance of the Rental Rate plus any other services You have requested, and the Security Deposit if required, is due 60 days prior to Your check-in date.
2.6. For an accepted booking made within 60 days from the check-in date all fees will be due upon booking.
2.7. You are responsible for ensuring the check-out checklist contained within the welcome book at the Property is adhered to. If determined upon check-out inspection, by the Care-takers or Owners, that extra cleaning is required, unanticipated garbage left or damage is reported the following liquidated damages to recover remediation costs will apply:
2.8. All fees and rates are subject to HST.
3) 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.
4) Cancellation by Owner: In the unlikely event that the Cottage is damaged, destroyed, uninhabitable or is unavailable for any other reason, then, this Agreement will be null and void, all payments will be refunded to You, and neither the Owner nor Cottage Care shall have any further liability to You.
5) Cancellation by You: Any cancellation made by You shall be in writing to Cottage Care and You agree that the following conditions apply:
6.1. Every effort will be made to ensure that all the fundamental equipment at the Property are 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 welcome book. 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.
6.2. Advertised equipment and facilities are provided at the discretion of the Owner and, while every attempt is made to ensure that such equipment is in working order for the duration of the rental period, should a breakdown or some other situations occur that render an element unusable, neither Cottage Care nor Owner take responsibility for replacing or refunding any monies for the lack of use of these equipment or facilities. The equipment and facilities referred to include but are not limited to items such as watercraft, televisions/entertainment systems, wi-fi, hot tubs, and saunas.
6.3. The information contained in any printed materials or www.cottagecarerentals.com website 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 this Agreement or relieve You of Your obligations under this Agreement.
7) Occupancy of the Property: You agree to use the Property for personal vacation use only. The number of Guest occupying the Property is strictly limited to those named on the Booking Form or any subsequent amendment notified in writing to Cottage Care. Property occupancy limits apply to day or overnight Guests. If You contravene the maximum number of Guests stated for the Property, You agree that You will be subject to immediate eviction without refund or an additional nightly charge of $200.00 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 Property.
8) Drinking water: The Owner has provided information on the water supply in the welcome book and on the Property listing of the www.cottagecarerentals.com website; however, Cottage Care and the Owner recommends that You bring drinking water if You have any concerns.
9.1. Pets are only permitted on the Property if they are permitted by the Owner and indicated on the Property listing of the www.cottagecarerentals.com website. Even where pets are accepted, number of and/or type/breed restrictions may apply.
9.2. Pets must not be left in the Property or unattended on the Property at any time. Pets must be on a leash or tether while at the Property and must remain within the Property boundaries. Repeated wandering and/or excessive barking may result in neighbouring properties notifying local bylaw officers.
9.3. Where a pet is permitted, all evidence of pet occupation must be removed from the Property and grounds at the end of the rental period or additional cleaning charges will be applied as set out in Section 2.7.
9.4. If the 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 Property, whether noted as “NO PETS” or not.
9.5. If the 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.
10) Fireworks and Outdoor fires:
10.1. Use of fireworks is not permitted on the Property and within the Property boundaries whatsoever. Failure to observe this will result in eviction without refund.
10.2. Use of a campfire is only permitted in the designated areas as defined in the welcome book at the Property.
10.3. If the Property 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.
11) Smoking: Smoking of tobacco, the use of electronic cigarettes (e-cigarettes) to vape any substance, and the smoking of cannabis (medical and recreational) is not permitted inside any Property. Refer to the information contained in the welcome book pertaining to smoking on the Property grounds. Where smoking is permitted outdoors, butts must be contained in a fireproof container which must be removed when You leave. Any clean up and/or fumigating of the Property will result in cleaning charges to recover liquated damages as set out in Section 2.7.
12) Accessory dwellings: Camping, tenting or other auxiliary accommodation is not permitted on the Property.
13) Condition of the Property: You agree to keep the Property and all furniture, fixtures and effects in and around the Property in the same state of repair and condition as at the commencement of the rental period, save and except for ordinary wear and tear. Costs associated to damage, cleaning and/or garbage are addressed in Section 2.7. Should You find anything not working or broken upon Your arrival, notify Cottage Care within 24 hours. If, during Your stay, You break something or cause damage, please report it immediately and we will assist You in replacing damaged or broken items with similar products of at least equal value and/or restore equipment to working order at Your expense. Failure to report such conditions will result in us applying charges to Your Security Deposit and/or Your Security Guarantee.
14) Property Information: Property Information for the Property can be found on the listing of the www.cottagecarerentals.com website and in the welcome book at the Property. You will find it useful to review before and during Your vacation.
14.1. Keys: At the end of the rental period, return all keys to the Lock Box, for those properties with keys and lock box at the Property. If You forget to leave the key(s) in the Lock Box 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.
14.2. Access: The Owner, their designate or Cottage Care personnel shall be allowed access to the Property at any reasonable time during Your occupancy.
15) Limitation of Liability: You acknowledge 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 the Property. You agree that such liability rests entirely with You.
16) Indemnity: You acknowledge that the use of the Property by all Guests is entirely at Your own risk. You 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 Property, injury, personal condition, or death resulting from the use of the Property, grounds, watercraft, boats or lake.
17) 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 Your responsibility to Insure against any unforeseen damage or loss of any Guest possessions and damage to the Property caused by any Guest in Your Group. If You have a Homeowners policy, You may be covered under that policy for short-term rentals such as this one; check with Your Insurance Agent for details.
18) Jurisdiction: The laws of the Province of Ontario shall govern this Agreement.
19) 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.
20) Entire Agreement: There are no representations, collateral Agreements, warranties, or conditions either written or verbal except as set out in this Agreement.
21) Assignment: You have no right to assign or sublet this Agreement under any circumstances.
22) 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, hydroelectric failures, severe storms, acts of God or any other cause whatsoever beyond their control.
23) Communications: We all agree that 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.
24) Electronics Documents Act: By selecting “Guest has accepted terms and conditions” on the Booking Form of the www.cottagecarerentals.com website, You understand and agree that You are entering into a legal binding agreement as per the authority of the Ontario Electronic Commerce Act, RSO 2000.