[REAL ESTATE] Cottage Rental + Deposit

Terms & Conditions of Renting

1. GENERAL CONDITIONS OF RENTAL

1.1.
Cottage Owner means [INSERT YOUR NAME].
1.2.
Renters shall abide by this agreement (and all provisions on Page 1 of this form) 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 Contacts, Household Rules, Cottage Cleaning Checklist and 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 the Cottage Owner.
1.5.
The Renter agrees to allow the Cottage Owner to check all references supplied by the Renter.
1.6.
Upon acceptance, this application shall become a binding contract between the Cottage Owner and the Renter. Acceptance of any application submitted by an interested Renter shall be at the discretion of the Cottage Owner.
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 (e.g. propane gas, cleaning products, toilet paper, etc.) and the Renter is responsible for any long distance telephone and administrative charges.

2. RENTAL FEES

2.1.
Rental fees and payment information shall apply as outlined on this page and the front of this page.
2.2.
Receipt of deposit does not constitute acceptance of booking until confirmation in writing or e-mail from the Cottage Owner.
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.

3. CANCELLATION

3.1.
Any cancellation by the Renter shall be made in writing to the Cottage Owner. On receipt of a cancellation notice, the Cottage Owner will endeavour to re-book the cottage for the entire period of the original booking.
3.2.
If the Cottage Owner succeeds in re-booking the cottage for the entire period of the original booking, the Cottage Owner will refund to the Renter all monies paid (whether by deposit or otherwise) less and administrative fee of $100.00. If the Cottage Owner is only able to re-book the cottage for a portion of the period originally booked, the Cottage Owner will refund the monies paid relating to the period re-booked less a $100.00 administrative fee.
3.3.
If the Cottage Owner is unable to re-book the cottage at all, then the Renter shall forfeit all monies paid to the Cottage Owner.

4. 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.
The Cottage Owner will be the final arbiter of any disputes.
4.3.
The Cottage Owner will have sole discretion as to the amount of the security deposit to be paid to the Cottage Owner should compensation be deemed necessary.
4.4.
The Cottage Owner shall be entitled to retain the security deposit for up to 14 days after the end date of the rental period, to determine what, if any, deductions should be made.
4.5.
No interest shall be paid to the Renter in regards to the security deposit.
4.6.
The Renter is responsible for damage to the cottage – inside and outside – including recreational equipment, 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.
The Cottage Owner shall have full discretion as to the amount of refund (should a refund be deemed necessary by the Cottage Owner) for condition’s not acceptable to the Renter. All unacceptable conditions must be made in writing to the Cottage Owner within one week of departure.

5. ALTERNATE ACCOMMODATIONS

5.1.
If the Cottage Owner is unable to honour the desired rental period requested by the Renter, the Cottage Owner 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 the Cottage Owner will refund in full to the Renter all monies paid by the Renter to the Cottage Owner.

6. CHANGES TO INVENTORY LISTING AND/OR PRINTED MATERIAL

6.1.
The Cottage Owner has endeavoured to ensure that all information relating to the cottage is current and accurate. However, the Cottage Owner reserves the right to make alterations and changes thereto without compensation to the Renter and the Cottage Owner shall endeavour to inform the Renter of any changes.
6.2.
Items considered fundamental to the rental shall include plumbing and electrical systems. The Cottage Owner does not accept responsibility for lack of use of these items due to power outages and/or weather conditions.
6.3.
Changes to non-fundamental items (e.g. canoe, TV, VCR, other recreational equipment, and items listed under the “features section” of the 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 Cottage Owner as an added feature for use by the Renter. The Cottage Owner does not take 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. The Cottage Owner does not take responsibility for refunds to the Renter for such changes.

7. 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 the Cottage Owner for each Rental party.
7.3.
Camping, tenting or the placing of additional lodging facilities on the Cottage Owner’s property is forbidden unless authorized by the Cottage Owner in writing or e-mail.
7.4.
“Cottage occupants” means renter(s), overnight guests, and day visitors to the Cottage.
7.5.
The number of persons present overnight (including guests) must never exceed the number indicated by the renter on the front of 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 on the front of this form, without prior written permission by the Cottage Owner. Only those people listed by the Renter on the front of this form (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 $150.00 per extra person administrative charge and/or forfeiture of the security deposit.

8. OTHER CONDITIONS

8.1.
The Cottage Owner and/or his authorized representative shall be allowed access to the Cottage at any time during the rental period.
8.2.
The Renter agrees that he/she will not remove any fixtures, goods or chattels from the Cottage Property.
8.3.
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 an administrative fee of $100.00.
8.4.
The Renter agrees to return all keys to the specified location, place or person upon completion of the rental period. If the 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 $35.00 administrative charge being levied.
8.5.
If a boat or any type of watercraft is provided, it is the responsibility of the Renter to ensure that all rules, laws, regulations and safe boating practices that apply to the boat 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.
8.6.
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.