TERMS/CONDITIONS OF EACH MUSKOKA COTTAGE RENTAL
When we send you a Rental Application form for completion (see section 'How to Book'), we also send a copy of the following 'TERMS AND CONDITIONS OF RENTAL'. By signing the application form you are agreeing that you have read and accept the TERMS AND CONDITIONS OF RENTAL. Once the rental application has been accepted, a Rental Agreement between the cottage Owner and the Renter must be signed. Please be aware that once these agreements have been signed this is a binding contract. Therefore, you should read the text carefully and make sure you understand what you are signing. We have reprinted the text of the TERMS AND CONDITIONS OF THE RENTAL here in case you lose your printed copy. If you have questions on any of the content, please contact the Vacation Time Real Estate Inc. office in Muskoka.
TERMS AND CONDITIONS OF RENTAL Vacation Time Real Estate Inc., Brokerage
1. The following expressions have the following meanings: a) “the Company” shall mean Vacation Time Real Estate Inc. b) “Owner” shall mean the owner of the Property offered for rent c) “Property” shall mean any one of the properties detailed on the Company's web site or supplementary lists and which is the subject of a rental to the Renter d) “Renter” shall mean any Renter or Renters with whom a booking of the Property is effected e) “the Rent” shall mean the total rent payable for the whole period of a Rental.
2. The Renter understands that the Company works under an Agency Agreement with the Owner and is only providing customer service to the Renter.
3. Although we have viewed the property, 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 or any other person or any loss, damage, expense, accident, injury or inconvenience, whether to person or property arising out of any Rental or any application thereof, or any written or oral statements made by or on behalf of the Company about the Property, provided always that the Company shall give all information and make all statements in good faith and use it"s best endeavor to check, so far as it is reasonably able, all information given to the Renter
4. Upon acceptance of the booking by the Company and Owner, payment of the deposit by the Renter and the signing of the Rental Agreement by all parties, the Renter becomes liable for the balance of the Rent for the full period of Rental and the rental becomes legal and binding.
5. The Renter shall pay for booking of any Rental: a) immediately, a deposit of one third of the total Rent b) no later than four weeks before the commencement of the Rental, the balance of the Rent and any security deposit required by the Owner. Certified cheques may be requested for last minute bookings. The Renter understands that all funds are held in the Company's Trust account, which does not collect or pay interest.
6. Without prejudice to the provisions of Condition 5, the Company shall be entitled to treat the booking of any Renter as cancelled in the event that: a) the Renter gives written notification of cancellation to the Company b) the Renter fails to pay the balance of Rent by the time specified in 5 (b) and in the event that the booking is so cancelled the Company may endeavor to rebook the Property for the exact period concerned. If the Property cannot be rebooked for the exact period of time/term of your booking then all monies paid by the Renter will be forfeited. If rebooking for the full period can be arranged the Company will refund all monies paid less a handling fee.
7. The Renter undertakes: a) that the number of people occupying the Property shall not exceed the number stated in the rental application form that was submitted and accepted b) to be responsible for any damages including the amount above and beyond the security deposit paid, caused by the Renter or anyone in the Renter"s party and to keep the Property and all furniture, fixtures, fittings and effects in or about the Property in the same state of repair and condition as the same are in at the commencement of the Rental c) to vacate the Property at the end of the Rental and to leave same in clean and tidy condition d) report to the Owner and Company immediately details of any damage done to the Property or any of the furniture, fixtures, fittings and effects e) to charge all long distance telephone calls to either a credit card or another number f) that any contact with the Owner will not be for private rental purposes, this clause f) will extend for 1 year from the rental date and if a private arrangement does occur the Renter agrees to pay the Company a fee equal to the commission on the said Property.
8. Upon the start of each rental, the Company must remit the rent to the Owner and cannot refund any rent. Should the Renter have any cause for complaint in relation to the Property he must immediately advise the Company and Property Owner. Any refund of rent must be negotiated by the Renter with the Owner and refunded by the Owner. The Company does not undertake to carry out an investigation of any such complaint unless there is reasonable time for such an investigation to take place before the end of the period of the Rental.
9. The Company, on behalf of the Owner, shall be entitled to collect from the Renter a returnable deposit as security for the observance by the Renter of his undertaking and of the conditions of the Rental. The Company will endeavor to mediate any claims or refund of rent between the Renter and the Owner. Should notification of a legal dispute arise, the Company will hold the security deposit until both parties have resolved the dispute. The Renter understands and accepts that the security deposit is held in Trust by the Company for the Owner and should the Owner request the release of all or a portion of the security deposit, the Company is under an obligation to release the amount requested. The Renter shall not hold the Company legally responsible for the release of the security deposit or for the refund of any rents or for any legal action taken against the Renter by the Owner. Any further complaints or action shall be made to the cottage Owner. The security deposit may be used to pay for any long distance telephone calls made during the period of Rental and/or utility costs where this is a condition of the rental. Security deposits sent back to the Renter and not cashed or claimed by the Renter after 2 years will be disbursed at the discretion of the Company.
10. The Owner, his representative and/or personnel from the Company shall be allowed access to the Property at any reasonable time during the Rental.
11. The Renter agrees to abide by any reasonable household rules assumed (i.e. excessive noise, parties, tents, all terrain vehicles, portable toilets, construction of fire pit etc.) or posted by the Owner of the property. If the Renter"s standard of behavior is such that it leads to complaints, the Renter agrees to forfeit his Rental and the balance of the Rent and to vacate the Property forthwith.
12. The Renter shall obtain his own insurance coverage for all risks associated with his, his family and guests" use of the Property and not make any claim against the Owner, his servants or agents or any insurer thereof. The Renter, who executes this Agreement on behalf of himself, his family and guests acknowledges that there are inherent and different risks in a cottage property than a usual residence and assumes all risks and responsibility thereof. The Renter agrees that the amount of rental is based upon his sole assumption of all such risks and responsibility.
13. The Company and the Owner shall not be responsible for any injury, loss or damage caused, including negligent acts or omissions on the part of the Owner or the Company, which shall be sustained by the Renter or any other person on or about the Property, or by the Renter or any other person. This includes the use of any recreational equipment that may be on or about the Property. The Renter, who shall hold the Owner and the Company harmless and indemnified there from, assumes all risks of any such injury, loss or damage. The Renter or any person on or about the Property shall not allow any insurance carrier to subrogate a claim against the Owner, his servants, his representatives or the Company.