REVISED April 27 2015
These Terms and Conditions clarify The Owner’s obligations to The Guest, The Guest’s obligations to The Owner, and in the very unlikely event of any disputes, will be used as the basis for any resolution. Please read them carefully before confirming your booking.
Check-In: From 4:00 pm / Check-Out: By 11:00 am (High Season Weekly Rentals)
For Low Season Weekend and Mid-Week Rentals an earlier Check-In and later Check-Out may be possible (usually In from Noon and out by 4:00 pm) – this will be shown on Booking Confirmation .
Acceptance of these Terms & Conditions binds a contract between the following two parties:
The Rental Applicant (The Guest) and The Property Owner (The Owner)
CottageLINK Rental Management, acts as an agent (The Agent) for the property owner (The Owner) and does not own, or have any responsibility for the maintenance and/or upkeep of the property.
1. Party Members: All persons listed on the Rental Application or added subsequently by The Agent will be bound by these Terms and Conditions. Occupancy of the property is restricted to those names listed on the Application or added subsequently by The Agent. The Rental Applicant is considered to be the Lead Guest and will assume full responsibility for all members of the Rental Group throughout the rental period. Information or instructions relating to this rental will be communicated to the Lead Guest only and not to any third-party member of the Rental Group. Over-occupancy beyond the names listed on the application will be subject to additional nightly charges.
2. Credit Card Guarantee: The Lead Guest agrees to provide a valid credit card number as a Damage Deposit guarantee: To pay all outstanding long distance phone charges, overages on WiFi usage in excess of the stated limits, and accepts all liability for any damage beyond normal wear and tear (including those items not covered by the Accidental Damage Protection Plan) during the term of the Rental Period;
3.1 Reservations shall be confirmed in writing by the Agency on payment of a deposit and applicable booking fee by credit card (Visa or Mastercard only) , cheque or email money transfer.
3.2 Receipt of any deposit prior to The Agency’s written confirmation of the reservation shall not constitute acceptance of any booking.
3.3 The balance shall be payable 45-days prior to the commencement of the vacation by cheque, money order or email money transfer.
3.4 Where the Rental Period commences within 45-days of the reservation, and/or is less than a week in duration, full payment is required on booking by credit card (Visa or Mastercard only) , cheque, money order or email money transfer.
3.5 Once a reservation is received and accepted by The Agent, The Guest is liable for payment of the balance of the rental fee, plus any additional charges, 45-days before occupation of the property. Non-payment by the due date will be treated as a cancellation and the deposit will be forfeited.
4. Cancellation Policy & Changing a Booking
4.1 Once a reservation has been accepted and confirmed, a cancellation can only be made in accordance with the terms below:
· If the period of rental can be re-booked, a refund for the period re-rented, less a cancellation fee of $150 (plus HST) will be issued.
· If any part of the rental period cannot be re-booked, the Guest will forfeit all monies paid for that period.
4.2 Once a reservation has been accepted by The Agent the reservation can only be changed to another cottage by treating the original reservation as a cancellation. The Terms in Clause 3.1 apply.
4.3 Reservation dates for the same property may be changed providing the property is available for the new dates and The Owner is agreeable to the change.
5. Occupancy of the Property
5.1 The number of guests occupying the Property is strictly limited to those named on the Rental Application or any subsequent amendment notified in writing to The Agent. The stated and agreed occupancy figure includes all persons irrespective of age.
5.2 Cottage occupancy limits include day or overnight guests.
5.3 Exceeding the number of stated and agreed persons may result in immediate eviction without refund, or a minimum $100 per guest per night charge at the discretion of The Agent or Owner.
6. Condition of the Property
The Property will have been inspected prior to occupation and therefore The Guest undertakes to:
6.1 Notify The Agent immediately with regard to any damage and/or maintenance issues that require attention.
6.2 Keep The Property and all furniture, fixtures, fittings, chattels and effects in or about The Property in the same state of repair and condition as found at the commencement of the Rental.
6.3 Where a cleaning service is provided; The Guest shall follow the departure instructions provided by The Owner.
6.4 Where a cleaning service is not provided; The Guest shall leave The Property in the same state of cleanliness and general order in which it was found. Failure to do so to the satisfaction of The Agent/Owner may result in a damage/cleaning charge being levied.
6.5 Report details of any damage done to The Property or any of the furniture, fixtures, fittings and effects to The Agent immediately. Purchasers of the Accidental Damage Protection Plan (ADPP) have coverage for accidental damage up to the value of $2500.
6.6 Where the ADPP has not been purchased, replace any part of The Property or the furniture, fixtures, fittings and effects damaged or destroyed with similar articles of at least equal value, or if The Owner requires, pay to The Owner the value of such part of the Property destroyed or damaged.
7. Use of Telephone and Internet Services
Where a telephone is provided as part of the rental, The Guest must charge all long-distance telephone calls to either a credit/phone card or call collect, unless advised otherwise. Where internet services are provided, there may be download restrictions and a charge may be levied if these are exceeded. It is The Guest’s responsibility to check for restrictions on an internet device before commencing any download, streaming or activity that is likely to cause an overage in internet usage.
8.1 Unless indicated in the property listing, pets are not accepted at a property. Even where pets are accepted, number or type/breed restrictions may apply.
8.2 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.
8.3 Pets are not permitted on any item of furniture, including beds, and evidence of pet hair on furniture and bedding may incur additional cleaning charges.
8.4 The Agent accepts no responsibility for any allergic reaction or other conditions arising at any property, whether designated “No Pets” or not. The designation of “No Pets” does not indicate there have not been pets at the property at some time.
Smoking is not permitted in any property. Individual properties may have additional restrictions and instructions with regard to smoking on the property. These will be indicated in the Property Welcome Guide.
10. Cottage Access During Winter Months
All properties offered for rental during the winter months have road access and receive a snow clearance service from either municipal or private sources. However, Guests are advised that following any major snowfall, snow plough providers are contracted to clear local roads in a predetermined order. Consequently, ploughing at a property may be delayed for several hours or, in severe storm conditions, days. In the unlikely event that a Guest is unable to leave a property on the planned departure date, the Guest will not be liable for any additional accommodation charges. Conversely, should a lack of snow clearance prevent a Guest from reaching a property, the Guest will receive a refund of the rental fee for the day(s) the property was inaccessible. However, neither The Agent nor The Owner will be held responsible for any losses, additional expenses or penalties incurred as a result of being unable to arrive at or leave a property on time due to a lack of snow clearance. Guests are also reminded to ensure that they and their vehicles are suitably prepared and equipped for driving in the wintry conditions likely to be encountered during their visit to Cottage Country.
11. Travel Guard Insurance
Travel Guard Trip Insurance is provided as an option with every Reservation. The premium is 7% of the Total rental amount payable plus PST at 8%. The insurance must be purchased at the time of booking. If The Guest chooses not to purchase Trip Insurance, no refunds will be provided for cancellations, delays, or disruptions normally covered by the insurance policy.
12. Accidental Damage Protection Plan (ADPP)
12.1 The ADPP provides The Guest with cover for accidental damage to the property and/or any personal items of The Owner defined in this Agreement up to $2,500 aggregate per stay. The plan provides protection for accidental damage only and does not waive The Guest’s liability for costs resulting from:
· Negligent or willful behavior by any person accommodated at or visiting the property where the consequences to the property could have been foreseen by a reasonable person, including damage caused by animals belonging to any person accommodated at or visiting the property.
· Cleaning charges where the Property has not been left in a condition as defined in these Terms and Conditions of Rental
· Charges relating to the incorrect disposal of garbage
· Loss or damage to the rented Property in excess of $2,500
· Charges relating to excessive internet usage or long-distance telephone calls
· Any damage or loss that is not reported to The Agent prior to The Property being vacated.
12.2 In the event The Agent is not notified prior to The Guest’s departure from The Property, a charge for the full cost of repair/replacement will be made on the credit card supplied at the time of booking.
12.3 ADPP is offered to Guests at a cost of $45 + HST per reservation; this cost is included on the booking form.
12.4 Where The Guest opts-out of purchasing the Accidental Damage Protection, The Guest authorizes The Agent to charge The Guest’s Damage Deposit for maintenance, repair, cleaning and/or loss as reported by The Owner following inspection of the Property. In the event that a charge to the credit card is declined, further action will be taken to recover the outstanding amount and a $200 administration fee will be applied, together with any legal fees and additional costs incurred in pursuing a legitimate claim.
13. Information contained in Promotional Material
The information contained on any web sites, in any printed material, cottage information packs or cottage guides is believed to be correct at the time of this agreement. CottageLINK Rental Management (The Agent) 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.
14. Equipment and Facilities Provided
Equipment and facilities are provided at the discretion of The Owner and whilst 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 situation occur that renders an element unusable, neither The Agent nor Owner take responsibility for replacement or refunding The Guest for the lack of use of these equipments or facilities. The equipment and facilities referred to include (but are not exclusive to) such items as watercraft, televisions, VCRs/DVDs, hot tubs, saunas and Jacuzzis.
The Guest must report any inoperative or defective equipment to The Agent promptly! The Agent will make every reasonable effort to have repairs made as soon as possible; however, there are limited service contractors in Cottage Country areas. While every attempt will be made to ensure that all the advertised equipment and appliances are in working order at the commencement of a rental period, no reduction of rent; rebate; or refund will be issued for a mechanical failure of air conditioning, dishwasher, washer, dryer, TV or other non-essential appliances.
If a breakdown should occur to fundamental elements such as water systems, plumbing and electrical systems, and major appliances such as stove or refrigerator, every effort will be made to repair or replace, or an appropriate refund will be made for the inconvenience caused. This does not apply to system breakdown caused by misuse, such as plumbing blockages caused by inappropriate use of sanitary facilities.
The Owner is not liable, nor will provide a refund, for any stoppage of electrical services caused by extreme weather or other circumstances beyond his control. Similarly, there will be no refunds for inclement weather, changes in water levels, conditions at neighbouring cottages, or any nuisance afforded by the natural elements of Cottage Country living such as flying insects or the animal population.
16. Other Conditions of Booking
The Guest shall abide by these Terms and Conditions of Rental and any other instructions contained in the individual Cottage Guide and any additional information and instructions as shall be supplied in the Property or by The Agent or Owner.
LIMITATIONS OF LIABILITY: The Guest represents, warrants, acknowledges and agrees with The Agent and The Owner that he/she will use The Property and its facilities in accordance with The Terms and Conditions above and the Cottage Information provided and that he/she does so at his/her own risk and that he/she indemnifies and saves The Agent and The Owner harmless from any personal injury, sickness or death, loss or damage, however caused, to person or property of The Guest, his/her family, or guests, before during or after the time of occupancy. Further, he/she accepts full responsibility for the use of The Property and any recreational equipment such as boats, etc. and agree to pay for any damage of said equipment, other than for normal wear and tear. The Guest further acknowledges he/she is responsible for ensuring all Boating Regulations are observed, including having required safety equipment in the watercraft, as well as meeting current Operator Competency Requirements.
17. Electronic Documents Act
By selecting “I Agree, Reserve this Property” on the booking interface of the www.clrm.ca web site, the Guest understands and agrees that they are entering into a legally binding contract as per the authority Ontario Electronic Commerce Act, RSO 2000.