TERMS AND CONDITIONS OF RENTING
I wish to rent the property specified. I acknowledge and confirm that I am aged 25 years or older, that I have read, understood and agree to all the Terms and Conditions of Renting as outlined on this application and that all the information I have provided is truthful and correct. I acknowledge that I am responsible for any damage to the premises, inside or outside, caused by me or any cottage occupants. I agree to indemnify and save harmless Northern Comfort Cottage Rentals Incorporated and the cottage owner(s) from any claims whatsoever resulting from my booking, including claims of personal injury, loss, damage or theft, however caused to myself or any other cottage occupant who may be on the premises or using any recreational equipment that is brought to or available at the cottage. I, the Renter, shall assume all risks of any such injury or loss. I will also read, abide by and be responsible for the all rules and provisions as outlined in the Cottage Information Package that is in the cottage. I will ensure that the cottage is left thoroughly clean and tidy, and in the same condition in which it is found.
GENERAL CONDITIONS OF RENTAL
1.1 NCCR means NORTHERN COMFORT COTTAGE RENTALS INCORPORATED.
1.2 Renters shall abide by this agreement and all instructions and information contained in the Cottage Information Package. All conditions, provisions and instructions apply to all guests/visitors to the premises being offered for vacation rental.
1.3 The Cottage Information Package containing Emergency Numbers and Contacts, Household Rules, Cottage Cleaning Checklist and Cottage Inventory List are an extension of the Terms and Conditions of Renting and renters shall by entering into this contract, agree to abide by the rules contained therein.
1.4 Failure to comply with any of the Terms and Conditions of Renting shall result in immediate eviction without refund and/or a penalty of $150.00 per day administration fee, at the discretion of NCCR.
1.5 The Renter agrees to allow NCCR to check all references supplied by the Renter.
1.6 Upon acceptance, this application shall become a binding contract between NCCR and the Renter. Acceptance of any application submitted by an interested Renter shall be at the discretion of NCCR.
1.7 The Renter agrees that the cottage is to be used solely for recreational purposes and no illegal nor commercial or other activities shall be carried on.
1.8 The Renter(s) shall bring linens for their personal use during their stay at the cottage. Linens shall include pillow cases, sheets, towels and dish towels.
1.9 The Renter shall replace any consumables used (ie. propane gas, cleaning products, toilet paper, etc.) and the Renter is responsible for any long distance telephone and administrative charges.
2.1 Rental fees and payment information shall apply as outlined on this contract.
2.2 Receipt of deposit does not constitute acceptance of booking until confirmation in writing from NCCR.
2.3 Weekend rentals must be paid in full upon booking.
2.4 If payments are not received as outlined the booking will be treated as a cancellation and the procedures set out in Section 3 of this contract shall apply.
2.5 There will be a $65.00 charge for any NSF returned cheques.
3.1 Any cancellation by the Renter shall be made in writing to NCCR. On receipt of a cancellation notice, NCCR will endeavour to re-book the cottage for the entire period of the original booking.
3.2 If NCCR succeeds in re-booking the cottage for the entire period of the original booking, NCCR will refund to the Renter all monies paid (whether by deposit or otherwise) less an administrative fee of $150.00. If NCCR is only able to re-book the cottage for a portion of the period originally booked, NCCR will refund the monies paid relating to the period re-booked less a $150.00 administrative fee.
3.3 If NCCR is unable to re-book the cottage at all, then the Renter shall forfeit all monies paid to NCCR.
SECURITY DEPOSITS AND DISPUTES
4.1 The Renter must notify the Cottage Owner or the Owner’s Alternate Contact immediately if there is reasonable cause for complaint, failure to do so may result in the complaint not being investigated.
4.2 NCCR will be the final arbiter of any disputes between the Renter and the Owner of the cottage.
4.3 NCCR will have full and sole discretion in all matters relating to the security deposit and Accidental Damage Waiver Plan (ADWP), including the amount to be paid to the Owner should NCCR deem compensation to the Owner is necessary. NCCR will have full and sole discretion in this matter and all decisions by NCCR shall be final and binding.
4.4 The Renter is responsible for damage to the cottage (inside and outside), including recreational equipment and watercraft and the Renter’s liability is not limited to the security deposit, but shall be equal to the actual cost of repairing any damages, however caused by himself/herself or any other occupants, guests, visitors or family members at the cottage.
4.5 NCCR shall have full and sole discretion as to the amount of refund (should a refund be deemed necessary by NCCR) for conditions not acceptable to the Renter. All unacceptable conditions must be reported immediately to the cottage owner, as well as NCCR, and followed up in writing to NCCR within three days of departure. NCCR shall have full and sole authority in this manner and all decisions by NCCR shall be final and binding.
4.6 The Renter agrees to clean and leave the cottage in the same condition in which it was found. This including returning all furniture to its original place if moved. If a cleaning service is included, Renters are still required to leave the cottage in a neat, clean and tidy condition. Extra charges will apply if this is not adhered to.
5.1 If NCCR is unable to book the desired rental period requested by the Renter, NCCR will then try to arrange for alternate cottage accommodations of similar type originally requested by the Renter. If this alternate accommodation is not acceptable to the Renter, then NCCR will refund in full to the Renter all monies paid by the Renter to NCCR.
5.2 Should the Renter decide he/she would like an alternative accommodation and/or date, NCCR will accept only if the original cottage can be re-booked and there will be a $50.00 administrative charge to the Renter.
CHANGES TO INVENTORY LISTING AND/OR PRINTED MATERIAL
6.1 NCCR has endeavoured to ensure that all information relating to the cottage is current and accurate. However, NCCR reserves the right to make alterations and changes thereto without compensation to the Renter and NCCR shall endeavour to inform the Renter of any changes.
6.2 Items considered fundamental to the rental shall include plumbing and electrical systems. Neither NCCR nor the Cottage Owner accepts responsibility for lack of use of these items due to power outages and/or weather conditions.
6.3 Changes to non-fundamental items (ie, boat, TV, PVR, WiFi, other recreational equipment, and items listed under the “features section” of a listing) shall not result in a refund to the Renter. While every attempt will be made to ensure that these items/equipment are available and in good working order during the rental, these items/equipment are provided at the discretion of the Owner as an added feature for use by the Renter. Neither NCCR nor the Cottage Owner takes responsibility for replacing, fixing or refunding the Renter for the lack of use of these items.
6.4 The Renter is aware that water levels and aquatic weed levels may fluctuate causing swimming conditions to change. Swimming conditions may also change due to weather, time of year & seasonal conditions. Neither NCCR nor the Cottage Owner takes responsibility for refunds to the Renter for such changes.
PERSONS USING THE COTTAGE
7.1 Renter(s) are not permitted to sublet the cottage.
7.2 The Renter must be staying at the cottage during the entire period of booking otherwise a separate Cottage Rental Application agreement must be completed and approved by NCCR for each Rental party.
7.3 Camping, tenting or the placing of additional lodging facilities on the Cottage premises is forbidden unless authorized by NCCR in writing.
7.4 “Cottage occupants” means renter(s), overnight guests, and day visitors.
7.5 The number of persons present overnight (including guests) must never exceed the number indicated by the renter on this form in the Cottage Occupants section. The number of persons present during the day (including guests) must not exceed the number indicated by the renter in the Cottage Occupants section of this application, without prior written permission by NCCR. Only those people listed by the renter (whether renters, overnight guests or day visitors) are authorized to be at the cottage during the rental period.
7.6 Failure to comply with Section 7.5 shall result in immediate eviction without refund and a $150.00 per extra person administrative charge and/or forfeiture of the security deposit.
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. Pets must be picked up after, not left alone in the cottage or up on the furniture and not allowed to bother the neighbours. They must also have flea treatment or flea collars. Only the pet indicated on this form may be at the cottage. Additional costs may incur if the pet policies are not adhered to.
9.1 The Renter agrees that he/she will not remove any fixtures, goods or chattels from the cottage property
9.2. Should unreasonable noise or rowdiness occur during any time of the rental period, the Renter and all members of his/her party shall be subject to immediate eviction without refund and/or be subject to a fee of $150.00.
9.3 The Owner and/or NCCR shall be allowed access to the cottage at any time during the rental period.
9.4 The Renter agrees to return all keys to the specified location, place or person upon completion of the rental period. If a key is to be left on the premises, it must be left in the specified location before leaving the cottage. Failure to comply with the above mentioned will result in a $100.00 administrative charge being levied.
9.5 If a boat of any type of watercraft is provided, it is the responsibility of the renter for ensuring that all rules, laws, regulations and safe boating practices that apply to the boat and/or watercraft, its operators and passengers, and the waters in which it operates in, are adhered to and followed. The renter is responsible for familiarizing him/herself and the cottage occupants with the navigational hazards of the lake or water body.
9.6 The validity and interpretation of this agreement, and of each clause and part thereof shall be governed by the laws of the Province of Ontario in the Country of Canada and any disputes or resolutions or actions shall be commenced and dealt with in an Ontario forum only.
CREDIT CARD GUARANTEE/SECURITY DEPOSIT
10.1 The Renter agrees to provide a valid credit card number as a guarantee (only billed if necessary) and authorize NCCR to charge said credit card to pay for all costs not covered by the Accidental Damage Waiver Plan (ADWP).
10.2 Extra costs, such as cleaning charges, long distance charges, and any penalties or charges listed in this agreement for not meeting the terms and conditions of renting, may result in a security charge to the credit number for any liability and/or for any damage beyond normal wear and tear (for those items not covered by the Accidental Damage Protection Plan) during the term of the Rental Period.
ACCIDENTAL DAMAGE WAIVER PLAN
- The renter having paid the Accidental Damage Waiver Plan will not be obligated to pay, subject to the terms below for damage to the property of the cottage owner which is occupied by the renter and his guests as listed on the rental contract for up to $2500. The waiver does not cover liability for damage or theft resulting from:
11.1. Charges related to claims made by the cottage owner relating to cleaning such as failing to leave the cottage thoroughly cleaned and in the same condition in which it was found, garbage removal, and/or telephone/internet charges. A credit card number is still required for these items.
11.2. Intentional acts and/or omissions by the Renter and/or their guests/party
11.3. When the consequences to the Property could have been foreseen by a reasonable person and/or abuse and/or neglect
11.4. Gross Negligence by the Renter and/or their guests/party including any act(s) that is/are reckless, irresponsible or that willfully disregards the consequences to the Property and septic including damage by animals
11.5. The Renter must report the damage immediately to NCCR and follow up in writing to NCCR within three days of check out with a detailed explanation of the damages and how they were caused
11.6. Loss or Damage that exceeds $2500
11.7. Damages, loss or theft to property owned by the Renter or their guests/party or that are brought to the Property by the Renter and/or their guests/party including items rented by the renter and or their group/party. This Plan only covers items owned by the cottage owner.
11.8. Damage caused while under the influence of alcohol or drugs; damage caused to watercraft.
The customer is responsible for the first $50 of accidental loss or damage because it encourages the customer to take good care of the cottage during their rental
11.9. In the event of loss or damage caused by any such acts or omissions by the Renter and/or their group/party, the Renter will be entirely liable for full repair of any such damages and the full amount will be debited from the credit card submitted by the Renter to NCCR
11.10. NCCR will have full and sole discretion in all matters relating to the ADWP and in determining the nature and extent of damages, necessary repairs and the eligibility of the claim. All decisions by NCCR shall be final and binding.
11.11. The ADWP is only in effect from the stated check in and check out time of the rental period. Waiver fees are non-refundable.
Electronic Documents Act
12.1 By selecting “I Agree, Book this Property” on the booking page of the NorthernComfort.com web site, the Renter understands and agrees that they are entering into a legal binding agreement as per the authority Ontario Electronic Commerce Act, RSO 2000.
I have read and accept the Terms & Conditions listed above and I regard this acceptance as being equivalent to applying my actual signature to this form.