1. INVENTORY/DAMAGE DEPOSIT: We need a credit card on file. The credit card will be applied to any money owed, for physical damages to the property, evidence of smoking, non-approved pets, lost keys, excessive cleaning, mailing left behind items, or costs and attorney’s fees associated with guest’s failure to fulfil the terms of the agreement. Any charges will be fully discussed, and nothing will be charged without your knowledge. Normal wear and tear are not considered damage. Since most damage is minor, we ask our guests to identify it so it can be fixed before the next guest’s arrival. You agree that any charges due to intentional damage or theft to the Cottage due to either carelessness or deliberate actions of the guest(s) or invitees of the guest(s) shall be paid immediately upon request.
2. Do I have to clean the cottage?
2.1. The short answer is YES!
2.2. The premises must be left in a CLEAN & ORDERLY CONDITION.
2.3. Used dishes, cookware and equipment, should be washed and stored and counters and tables wiped clean.
2.4. Trash and recyclable bottles & cans should be bagged separately and placed in designated containers.
2.5. Floors should be free of debris (“broom clean”) and furniture carefully put back in place, taking care not to damage wood floors.
2.6. Used bed linens should be stripped and piled unfolded in the bedrooms and used towels/bath mats piled in the bathrooms/tubs.
2.7. Leave entry doors and windows closed.
2.8. Cleaning supplies and equipment are left at the cottage. As noted elsewhere, the owners will check the cottage between rentals to ensure that the cottage is in appropriate condition for your arrival, but renters are responsible as noted above.
3.1. Bookings shall be confirmed in writing by the owner or their agent on payment of deposit. Receipt of any deposit before the Owner’s written confirmation of the reservation shall not constitute acceptance of any booking.
3.2. For payment, we accept Visa and MasterCard.
3.3. For the balance payment, about 30 days before arrival, the balance payment will be automatically charged to your credit card that is on file (unless written earlier arrangements have been made and agreed to.) If balance payments are not received by the due date, we keep the right to cancel the reservation.
3.4. Bookings made within four weeks of occupancy must be made by valid credit card.
3.5. All payments shall be made to the Owner / Agent, HuronBeaches Ltd.
4. Use of the Property/Limitation of Liability:
4.1. The Tenant will use the cottage and its facilities in accordance with these Booking Terms and Conditions and will do so at his/her own risk. The Tenant covenants to indemnify and save the Property Owner harmless from any claim for damages or costs which may be asserted against them by the family or guests of the Tenant as a result of personal injury, sickness or death, or loss or damage to property, however caused, arising from the use of the cottage and its facilities. For himself, the Tenant hereby releases and discharges the Property Owner harmless from any claim for damages or costs which may be asserted against them by him as a result of personal injury, sickness or death, or loss or damage to property, however, caused, arising from the use of the cottage and its facilities. The Tenant accepts full responsibility for the use of any recreational equipment, such as boats, and motors, etc., and agrees to pay for any repairs or replacement of said equipment, other than for normal wear and tear.
5. Information provided by Tenant:
5.1. The owner reserves the right to ask for more information before confirming a booking concerning Tenants place of employment, personal references, driver’s license and/or vehicle plate number.
5.2. The owner reserves the right to ask for proof of home/contents insurance information from the Tenant to prove that any damage made at the property will be covered by the Tenant’s home/contents insurance. Tenants are financially responsible for all damages and additional cleaning fees if necessary. Should the Property Owner, its agents or servants find the house in an unacceptable condition, photos will be taken and the owner will deduct the charge from the security deposit or bill the Tenant for damage repairs, replacement of missing contents, and expenses resulting from agreement violations. These include, but are not limited to, long-distance telephone charges, Internet charges, movie charges, trash left in the unit, dirty dishes left unwashed, furniture moved, or unacceptable condition of the property on departure.
5.3. The person named as “applicant” will be present at the cottage for the duration of the booking.
5.4. Only those persons named on the face of this form will be present at the cottage at any time. If all names are not known at the time of booking, these may be forwarded to the owner no later than ten days before occupancy.
5.5. For the purposes of this agreement, an adult shall be persons 16 years of age or older.
6. Falsified Reservations: Any reservation obtained under false pretense will be subject to forfeiture of advance payment, deposit and /or rental money, and the party will not be allowed to check-in.
7. Alternative Accommodation:
7.1. In the highly unlikely event that the Owner shall be unable to arrange the holiday accommodation requested by the Tenant, the Owner shall attempt to arrange alternative holiday accommodation of a similar type and cost and standard and in a similar location as that originally requested by the Tenant. If the alternative holiday accommodation and/or rate is not acceptable to the Tenant the Owner shall refund in full, to the Tenant all monies paid by him/her to the Company. Any additional costs are the responsibility of the Tenant.
7.2. Requests by the Tenant for alternative accommodation and/or dates will be provided only if the original booking property/time can be re-booked, and will result in an additional administrative charge of $50.00.
8. Cancellation: Any cancellation made by the Tenant shall be in writing addressed to the Owner at the address stated at the top of the booking application form. On receipt of such notice of cancellation the Owner shall attempt to re-book the holiday accommodation for the entire period of the original booking.
8.1. If the Owner is successful in re-booking the holiday accommodation for the entire period originally booked it shall refund to the Tenant all monies paid (whether deposit or full payment has been made), less a service charge of $50.
8.2. If the Owner shall be unable to re-book the holiday accommodation at all then all monies paid by the Tenant (whether deposit or full payment has been made) shall be forfeited to the Company.
8.3. In the unlikely event that circumstances beyond the Property Owner’s control cause the cancellation of the rental arrangement, the Property Owner reserves the right to cancel any bookings at any time and will only be liable to refund monies already paid by the Tenant.
8.4. In the unlikely event of cancellations by the Property Owner, the Owner will tell the Tenant as soon as reasonably practicable and fully refund you any monies the Tenant has paid.
8.5. The Tenant expressly acknowledges that in no event shall the Property Owner be held liable for any consequential or secondary damages including, but not limited to, any expenses incurred as a result of travel, cost of re-renting, etc.
8.6. No refunds due to weather, road conditions, change of plans, or early departures. All Tenants are financially responsible for the entire booking once your reservation has been made. The Property Owner is not responsible for damages incurred due to weather or cost to evacuate Tenants or vehicles.
8.7. In the late fall, winter, and early spring it is not uncommon to occasionally have hazardous road conditions. It is strongly recommended that all Tenants during these seasons have four-wheel drive and/or winter tires. Winter road conditions and maintenance are not guaranteed. No refunds due to road conditions.
9. Alterations to Cottage Description/Inventory: The information contained in any printed and website materials, is believed to be correct at the time of printing/viewing. However, the Property Owner reserves the right to make alterations thereto and the Property Owner shall attempt to tell the Tenant of such alterations. If the alterations relate to fundamental elements or services, the Property Owner shall attempt to give comparable fundamental elements or services. If these comparable elements or services prove unacceptable to the Tenant the Property Owner shall bear no responsibility other than to give an appropriate refund for those unavailable fundamental elements or services.
9.1. Fundamental elements refer to water systems, plumbing and electrical systems, major appliances such as refrigerator and stove.
9.2. Fundamental elements do not refer to recreational items such as boats, motors, televisions, VCR’s, DVD’s, satellite dishes, hot tubs and internet access. These elements are provided at the discretion of the owner as an added feature for Tenant use. While every attempt will be made to make sure that such equipment is in working order during a holiday, should a break down or some other situations occur whereby these elements are not available for the term of the holiday, the Property Owner and/or their agent take no responsibility for replacing or refunding the Tenant for the lack of use of these elements.
10. Changes in Posted Rates: The company and owner reserve the right to change posted cottage rental rates at any time. Such changes will not apply to previously confirmed bookings unless the booking has been processed within 7 days before the rate change and then only if the change is a reduction in rate.
11. Number of Persons Using the Holiday Accommodation: The number of persons present overnight (including children and guests) shall not exceed the greater number indicated in the Inventory Listing for that property and only those persons named as occupants/guests may be present at the cottage at any time. The number of persons present during the day (including children and guests) shall not exceed the maximum number indicated in the Inventory Listing for that property, without prior authorization from the Property Owner and/or their agent.
11.1. Tenants who contravene the maximum number stated for each cottage will be subject to immediate eviction without refund or an additional nightly charge of $200.00 per person, at the sole and absolute discretion of the Property Owner and/or their agent.
11.2. There will be no subletting of the cottage property permitted. Where separate parties will be occupying the property at different time periods, booking forms must be completed for each party. Without limitation of the foregoing, it is specifically prohibited for parents to sublease or rent the vacation home for their children under age 21.
11.3. There shall be no camping, tenting, mobile sleeping units, or otherwise placing auxiliary accommodation facilities on the property without prior written authorization.
12. Access: The Property Owner and/or agents shall be allowed access to holiday accommodation at any reasonable time during any holiday occupancy.
13. Repair: The Tenant will keep the cottage and property and all furniture, fixtures, chattels, fittings and effects in the cottage or on the property at the beginning of his/her occupancy, whether or not these items are set out in the Inventory Listing, in the same state of cleanliness, order and repair in which they were found. Failure to do so, to the satisfaction of the Property Owner, may result in a use of the Security/Damage Deposit to defray cleaning costs, or repairs incurred by the Property Owner.
13.1. The Tenant shall not rearrange the furniture or fixtures in the cottage.
14. Pets, Smoking, & Other Conditions of Booking: Tenants shall abide by the conditions of booking and any other instructions contained in the Cottage Instructions, Inventory Listing and/or as noted on the face of this form. All such conditions apply to guests visiting the property, whether day visitors or overnight. All cottages are non smoking.
14.1. Tenants who contravene said conditions shall be subject to immediate eviction without refund and/or a penalty of $200.00 per day at the discretion of the Owner and /or agent.
14.2. If pets are allowed at a property, the number of pets is restricted to one, unless earlier, written authorization is obtained by the Tenant.
14.3. If a property is “No Pets” or “No Smoking” restricted, please note this does not necessarily mean the cottage has not had pets or smokers present at some time. The Owner takes no responsibility for conditions arising from allergies at any cottage, whether noted as “No Pets” or “No Smokers”, or not.
14.4. Fireworks are strictly prohibited at all cottage properties.
14.5. Campfires are only permitted if the property description (web page) notes a campfire is available. The Tenant is responsible for obtaining any necessary fire permits and abiding by any fire hazard notices set by local or provincial agencies. Building a campfire, where none exists, is strictly prohibited. Tenant will be held responsible for any fines or penalties assessed by the township for non-compliance with fire permits or fire hazard notices.
14.6. Please note that there are noise by-laws in place for all townships in Ontario and that any infraction of those by-laws may result in penalties or fines which will be the responsibility of the Tenant, and may also be cause for immediate eviction, without refund from the property.
15. Noise: The Property Owner cannot control – or be liable for – noise or disturbance caused by occupants of properties next to or near the subject cottage, or their family or guests.
16. Drinking Water: All Tenants are recommended to bring in or otherwise treat (boil) drinking water, regardless of the water source of the cottage accommodation they are booking. The Property Owner takes no responsibility for the quality of the cottage drinking water source, or the quality of the water body the cottage is located upon.
17. Wildlife: Bears, bats, mice, raccoons, snakes, spiders, other insects and other forms of wildlife are found in and around cottages from time to time. The Tenant acknowledges that the Property Owner cannot ensure that he will not meet these aspects of cottage life during his occupancy.
18. Early Departure: The Tenant agrees to let know the Property Owner (or local alternate contact) if they leave the property prior to the checkout date noted on the Booking Confirmation.
19. Return of Items Left at Cottage: The Property Owner is not responsible for any items left in the house by a Tenant. Tenants requesting return of items left at the cottage will be subject to a packaging/shipping charge fee for return of said items.
20. Force Majeure and Liability Limitation:
20.1. The Property Owner, its servants or agents, accept no liability to pay compensation in respect of any loss, damage or changes arising from unforeseeable circumstances beyond their control including, but not limited to, strikes, riots, political unrest, war or the threat of war, terrorist activities, industrial disputes, fire, flood, technical/weather problems to transport, road conditions, aircraft, closure of airports, adverse weather, or other events beyond our control.
20.2. Liability: Tenants are advised that they are occupying a private home and are responsible for their own safety in respect of any loss, personal accidents or damages sustained by them or any members of their party during their stay. It is the Tenants’ responsibility to make sure that they have adequate holiday insurance to cover personal injury/ accidents /damage. No claims whatsoever will be accepted by the Property Owners or their agents. The Property Owner or his agents accept no liability for loss of main services or failure of appliances or of any actions taken in the vicinity of the property by any authority or third party persons beyond their control. In the unlikely event of the Property Owner being negligent and/or in breach of its contract with the Tenant, the Property Owner’s liability shall be limited to the cost of this booking.
20.3. The Property Owner accepts no responsibility in respect of any loss or damage for which the Tenant is, or should be, insured or entitled to indemnity from any third party. Tenant(s) assumes the risk of injury or other losses relating to any recreational activities and will hold the Property Owner and its agents harmless with respect thereto.
20.4. All equipment within the vacation home, be it electrical, mechanical or otherwise, is used entirely at the lead renter’s own risk on behalf of themselves and their party.
21. Governing Law: The laws of the Province of Ontario shall apply to any disputes arising out of this contract and any other claims. Each party agrees to the province of Ontario having subject-matter jurisdiction over the matters arising under this Agreement. Any suit, action or proceeding arising out of or relating to this Agreement shall only be instituted in the province of Ontario. Each party waives any objection which it may have now or hereafter to the laying of the venue of such action or proceeding and irrevocably submits to the jurisdiction of any such court in any such suit, action or proceeding.
22. Facsimile Agreement: The Tenant agrees that this agreement may be executed in any number of counterparts, by facsimile transmission or e-mail transmission of Adobe Acrobat files, each of which shall constitute an original and all of which, taken together, shall constitute one and the same instrument, and that the original facsimile or PDF signatures will evidence the binding obligation of the parties to be bound by the terms of this Agreement. Any party executing this agreement by facsimile or PDF file shall, immediately following a request by any other party, provide an originally executed counterpart of this agreement provided however, that any failure to so provide shall not constitute a breach of this agreement except to the extent that such electronic execution is not otherwise permitted under the Electronic Commerce Act, 2000 (Ontario).
23. For ease of drafting only, the Tenant has been referred to in the singular and in the masculine gender. References to Tenant shall be made in the singular and feminine gender, or in the plural, as the context may require.