General:
At the Lake Cottage Rentals Inc. (“the Company”) acts as a booking agent for the “Property Owner”. The Company arranges, on behalf of the owner, reservations of holiday accommodation for the “Vacationer”, as named on the application form and in accordance to the Terms and Conditions set forth below.
Contract:
The issuance of written confirmation to the Vacationer by the Company shall complete a binding contract between the Vacationer and the Property Owner. At the Lake Cottage Rentals Inc. will not be liable for any consequential damages, loss or expense arising out of or in connection with the use of the rental property or the inability to use the rental property for any purpose or reason whatsoever.
Responsibilities:
The Vacationer agrees to abide by the restrictions set forth by the Property Owner and At the Lake Cottage Rentals Inc., and shall be responsible for any and all guests, and for adherence to any and all restrictions, terms and conditions.
Payment:
1. Bookings shall be confirmed in writing by the Company on approval of application and on receipt of a 30% deposit. The balance shall be due and payable by cheque or money order 60 days prior to the first day of the rental period. There will be a $30 penalty if the balance owing is not paid to the Company in full, 60 days prior to occupancy, unless the booking is made in less than 60 days in advance.
Accommodation:
1. In the highly unlikely event that the Company is unable to fulfill previously confirmed holiday accommodation requested by the Vacationer, the Company shall attempt to arrange alternate holiday accommodation of a similar type and cost and standard and in a similar location as that originally requested by the Vacationer. If the alternate holiday accommodation and/or rate, is not acceptable to the Vacationer, the Company shall refund in full, to the Vacationer all monies paid by him/her to the Company.
2. Requests by the Vacationer for alternate accommodation and/or dates, will be processed at the discretion of the Company, and only if the original booking property/time can be re- booked, and will result in an additional administrative charge of $100.00 per change.
Cancellation:
1. Any cancellation made by the Vacationer must be in writing to the Company. If the Company is successful in re-booking the accommodation for the entire period originally booked and at the same rate, it shall refund to the Vacationer all monies paid less a cancellation fee of $100 per cancelled week or part thereof.
2. If the Company is able to re-book the accommodation for only part of the period originally booked, or only at a lesser rate, it shall refund the monies paid relating to the re-booked period and rate, less the cancellation fee of $100, per cancelled week or part thereof.
3. If the Company is unable to re-book the holiday accommodation at all then all monies paid by the Vacationer (whether by deposit or otherwise) shall be forfeited to the Company.
Representation
1. The information contained in any printed material and/or photographs is believed to be accurate at the time of publication. The Company reserves the right to make any changes it deems necessary to more accurately reflect the cottage property. However, the Company reserves the right to make alterations thereto and the Company shall endeavor to inform the Vacationer of such alterations. If the alterations relate to fundamental elements or services (water systems, plumbing and electrical systems, major appliances, such as refrigerator and stove), the Company shall attempt to provide comparable fundamental elements or services. If these comparable elements or services prove unacceptable to the Vacationer the Company shall bear no responsibility other than to provide an appropriate refund for those unavailable fundamental elements or services.
2. The company gives no warranty as to the state of the Property and accepts no liability for any act, neglect or default on the part of the Owner. Boats, motors, TV’s, electronic equipment and other such equipment are supplied at the discretion of the Owner as an added feature for the Vacationer. While every attempt will be made to ensure that such equipment and all other appliances are in working order for a Vacationer’s holiday, should any breakdown or other situation occur whereby these items are not available for the term of the rental period, neither the Company nor the Owner take responsibility for replacing or refunding the Vacationer for the lack of use of these elements. Neither the Company nor the Property Owner accepts responsibility for weather conditions or changes to water levels or conditions at neighboring cottages.
3. In addition, the Vacationer undertakes to indemnify and hold The Company and the rental Property Owner harmless against any and all loss, claims, causes of action, demands and/or costs and expenses that may be incurred by the Vacationer and/or their guests in relation to the cottage rental.
Occupancy:
1. Vacationers who have guests at the property without prior authorization from the Company, and/or in excess of the pre-authorized number (specifically those named on the rental application form) are subject to either immediate eviction without refund or a $200 per night per guest charge, at the discretion of the Company/Owner. Please note that we have a “no parties” policy and zero tolerance regarding this issue.
2. Sub-letting of the cottage property is not permitted. Where separate parties will be occupying the cottage property at different time periods, Cottage Rental Application Forms must be completed by each party. Camping, tenting, trailers or other additional accommodation facilities will not be allowed unless prior written permission has been granted through the Company. Please note that any person, regardless of age is counted as a person in the occupancy of a cottage.
4. The Property Owner and/or the Company's agents shall be allowed access to holiday accommodation at any reasonable time during any holiday occupancy.
Inventory, Cottage Rules and Cleaning:
1. The Vacationer shall leave the cottage and all furniture, chattels, fixtures, fittings, and effects in the same state of repair that it/they were in at the commencement of the holiday, and shall leave the accommodations in the same state of cleanliness and general order in which it was found. The Vacationer shall remove from the property ALL garbage and recycling. Failure to do so, to the satisfaction of the Owner/Company, WILL result in a damage/cleaning charge being levied. Garbage and/or recycling left at the property will result in a $25 removal fee per bag, regardless of the size.
2. The Vacationer agrees to read and abide by the Cottage Rules, as provided by the owner, and posted at the cottage, and to use the inventory and equipment in a safe and responsible manner. Any breakage or damage to any article, item, inventory, equipment or any part of the cottage property, above and beyond ‘normal’ wear and tear, will result in additional charges at the sole discretion of the Company.
3. Accidental Damage Coverage is available to purchase for each holiday period at the rates set out on the application form. If the Vacationer chooses not to purchase this coverage, a minimum of $500 security deposit shall be required with the payment of the rental balance and due 60 days in advance of the holiday. The damage deposit will be returned in full to the Vacationer, provided there are no damages to the cottage, furnishings, chattels, fixtures, fittings or property during the holiday period booked, approximately 4-6 weeks after the end of the holiday period. Please see Accidental Damage Coverage Plan for more details.
Pets, Smoking, and Other Conditions of Booking:
The Vacationer shall abide by the conditions of booking and any other instructions contained in the Cottage Rules and/or as noted on the face of this form. All such conditions apply to guests visiting the property, whether day or overnight visitors.
1. Any Vacationer who contravenes said conditions shall be subject to immediate eviction without refund and/or a penalty of $200.00 per day at the discretion of the Company.
2. Any Vacationer requesting return of items left at a property will be subject to a minimum $25.00 Administration fee for return of said requested items as well as the cost of the postage or delivery service to return these items.
3. Although a Property may have a ‘no pets’ policy, this does not necessarily mean that the cottage has not had pets present at some time. The Company takes no responsibility for conditions arising from any allergies at any cottage.
4. Pets are only permitted on the property if they are indicated as being allowed as stated in the property listing, and have been approved by the owner. Generally, only 1 pet is allowed.
5. If a telephone is available and used for long distance calls, the Vacationer's credit card will be charged accordingly and a copy of the phone bill will be provided.
Booking Confirmation, Driving Directions and Keys:
1. The Vacationer will receive a Booking Confirmation by email once the deposit has been received. The balance, and the damage deposit or Accidental Damage Coverage Fee is due 60 days prior to the start of the holiday period, or immediately if the booking is made less than 60 days in advance. The Company will provide internet access (via the website) to the Household Rules, Driving Directions and instructions to access the keys 2 weeks prior to the start of the holiday. Login using your user name and password and click on the "booked cottage" icon that appears. Your instructions will be visible on the listing. The Vacationer agrees to abide by all instructions and information contained therein. If the Vacationer has not received these documents one week prior to the holiday period, the Vacationer shall notify the Company and obtain said documentation.
2. The Vacationer agrees to return the cottage keys as directed in the household rules, failure to do so will result in a $50 charge.
Consumer Report
The Vacationer accepts that a consumer report containing credit and/or personal information may be referred to in connection with this transaction and authorizes the company to obtain such a report.
Proof of Insurance Coverage
The company reserves the right to request proof of a home/contents insurance of each Vacationer to demonstrate that any damage occurring at the property during the booking period, not covered by or in excess of the Accidental Damage Coverage or the security deposit, will be covered by the Vacationer's home/contents insurance. If the Vacationer’s home insurance coverage is inadequate to cover the loss, the Vacationer is legally bound to pay for any and all damages or loss.
Facsimile Agreement
The Vacationer agrees that this agreement may be executed by facsimile transmission, and that the original facsimile signatures will seal the binding obligation of the parties to be bound by the terms of this Agreement.
The parties agree that this contract shall be governed by the laws of the Province of Ontario and agree to attorn solely to the jurisdiction of the courts of Ontario with respect to any and all disputes arising out of the interpretation and application of this contract and the relationship between At the Lake Cottage Rentals Inc. and the Vacationer.
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