rental contract is to be completed once you have received confirmation by the property owner that your rental is confirmed
The person or persons who provide payment on account of a booking are hereafter referred to as the “Vacationer”. The owners of the property and their representatives are hereafter referred to as the “Property Owners”. There is no offer to rent until a there has been a written confirmation by the Property Owners to the Vacationer and a security deposit has been received by the Property Owners. Further, the Vacationer acknowledges that their stay at the Property is exempt from the Residential Tenancy Act, 2006, S.O. 2006, c.17 per section 5 which states: This Act does not apply with respect to, (a) living accommodation intended to be provided to the travelling or vacationing public or occupied for a seasonal or temporary period in a hotel, motel or motor hotel, resort, lodge, tourist camp, cottage or cabin establishment, inn, campground, trailer park, tourist home, bed and breakfast vacation establishment or vacation home.
Upon an offer to rent being made to the Vacationer by the Property Owner and by completing this agreement and making the deposit payment, the Vacationer understands and agrees that they are entering into a legal, binding contract between the Vacationer and the Property Owners. The issuance of a written or electronic confirmation, completing of this agreement and payment of a security deposit shall complete a binding contract between the Vacationer and the Property Owners.
3. House Rules and Limits of Liability
The Vacationer represent, warrants, acknowledges and agrees with the Property Owners that they will use the cottage and its facilities in accordance with the terms and conditions of this agreement and the House Rules found at https://www.thecottagegetaway.com/rules. Further, the Vacationer accepts full responsibility of the use of any recreational equipment and agrees to pay for any repairs to damage to or replacement of said equipment, if caused by the vacationer or any of their family, guests, visitors, servants and agents.
RELEASE FROM LIABILITY AND COVENANT NOT TO SUE. The Vacationer, for themselves and their personal representatives, heirs, next of kin and assigns, hereto release and discharge the Property Owners and each of their respective relatives, parents, subsidiaries, owners, partners, employees, representatives and other affiliates as well as the property owners of adjacent properties to the cottage (collectively, the “Releasees”) from, waive in respect of each and covenant not to sue any of the Releasees for any and all liabilities, losses, damages, costs, expenses (including, but not limited to, attorneys’ fees and expenses), causes of action, suits and claims of any nature (collectively, the “Liabilities”) arising from, based upon or relating to the personal injury, death, damage to or loss of property of the Vacationer, their family members, guests or visitors sustained in connection with participation in the use of the cottage or the surrounding and adjacent properties (hereinafter “Release”). Such Release, shall include, but not be limited to, any and all liabilities caused in whole or in part by the negligence of any Releasee or the surrounding and adjacent property owners in connection with any and all activity.
VACATONERS ASSUME RISK. The cottage is located on a large rural waterfront property. Risks include, but are not limited to, trip/slip and falls, uneven ground, falling trees, limbs and roots, burns, insect/parasite bites and/or infections, thin lake ice, drowning, interaction with off road/farming vehicles and interaction with animals. Vacationers are aware of and understand the inherent risks, dangers and the potential for injury that exists with regard to wooded and waterfront properties, in all season, and agree to assume all risk of and responsibility for personal injury or death to, or damage to or loss of property of the Vacationers, their children, guests and visitors arising from or relating to participation in any and all activities at the cottage and areas and properties surrounding the cottage. Such assumption of risk includes, but is not limited to, any damages resulting from personal injury or death, or damage to or loss of property, arising from, based upon or relation to the lack of skill or improper conduct of any person, the acts or omissions of any parent, child or visitor, and any personal injury or death, or damage to or loss of property, caused in whole or in part by the negligence of any Releasee. The Vacationer agrees to indemnify the Property Owners for all losses claimed against the Property Owners, including any legal defence costs, for any and all liabilities, losses, damages, costs, expenses (including, but not limited to, attorneys’ fees and expenses), causes of action, suits and claims of any nature (collectively, the “Liabilities”) arising from, based upon or relating to the personal injury, death, damage to or loss of property of the Vacationer or any of their family members, guests or visitors sustained in connection with participation in the use of the cottage or of the adjacent properties.
The Vacationer accepts all liability for any damage during the term of the rental period and also to pay any penalties listed in this agreement and household rules for failure to meet any of the terms and conditions listed there in.
5.1 Bookings shall be confirmed in writing by the Property Owners on payment of a security deposit of $500.00. For rentals within 4 weeks, all fees are due at the time of booking.
5.2 Receipt or automatic deposit of any funds prior to the Property Owners’ written confirmation of the reservation shall not constitute acceptance of any booking.
5.3 The balance shall be payable 4 weeks prior to the commencement of the rental period.
5.4 A damage deposit of $500 is collected and will be refunded in the manner it was received within 7 days of the end of the rental period. Typically, the damage deposit is returned within one day of check-out.
Any cancellation by the Vacationer shall be in writing via email. On receipt of such notice of cancellation, the Property Owners shall endeavour to re-book the entire period of the original booking. If the Property Owners succeed in re-booking the the rental period, that portion of the payment (deposit or full payment) shall be refunded, less a $100 cancellation fee on the amount paid to date. If the Property Owners are not successful in re-booking any portion of the rental period, all payments shall be forfeited to the Property Owners. If the Property Owners are required to cancel the booking for any reason, the Vacationer's remedy is limited to, and the Property owner shall refund within 7 days, the security deposit and any rent payments made to date by the Vacationer.
Government Restrictions Extenuating Circumstances
If government restrictions preclude the booking from proceeding, the cancellation fee will be waived and the Vacationer will be refunded the security deposit and any rent payments made to date by the Vacationer.
7. Number of Persons Using the Cottage
The persons present overnight and during the day on the property shall not differ from the guests listed. The maximum number of guests is 4 persons.
7.1 Vacationers who contravene the maximum numbers of guests permitted at the cottage will be subject to immediate eviction without refund and/or a penalty of $500.00 per person per day at the discretion of the Property Owner.
7.2 There will be no subletting of the cottage property permitted.
7.3 There shall be no camping, tenting, or otherwise placing auxiliary accommodation facilities on the property.
7.4 There shall be no parties or events without the written consent of the Property Owners.
The Property Owners and/or the Property Owners’ agents shall be allowed access to the cottage at any reasonable time during any holiday occupancy to inspect the property or execute any repairs.
The Vacationer shall keep the cottage and all furniture, fixtures, chattels, fittings, and effects in or about the cottage in the same state of repair and condition as at the commencement of the holiday, and shall leave the cottage in the same state of cleanliness and general order in which it was found. Failure to do so, to the satisfaction of the Property Owners, may result in a damage/cleaning charge being levied. The Vacationer shall not rearrange the furniture or fixtures in the house.
10. Other Conditions of the Booking
The Vacationer shall abide by the conditions of booking and any other instructions or terms contained in the House Rules, found at www.thecottagegetaway.com. All such conditions apply to guests visiting the property, whether day visitors or overnight. Any Vacationer who contravenes said conditions shall be subject to immediate eviction without refund and/or a penalty of $500.00 per day at the discretion of the Property Owners. The Vacationer also understands that, like most rural properties, there may be signs and evidence of pests (ants, insects, mice, etc). The Property Owners undertakes to make efforts to deter pests, but cannot guarantee complete control of pest presence.
11. Pets and Smoking
We have a strict no pets and no smoking policy. Any Vacationer who contravenes this policies shall be subject to immediate eviction without refund and will be required to pay an additional deep cleaning fee.