OUR

Booking Policy

rental terms and conditions

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1. Reservations

  • The Owner will only hold the Applicant’s reservation for the Property once the Owner is in receipt of an electronically signed copy of this Rental Agreement, a list of all guests staying at the Property, a copy of the Applicant’s valid driver license (Front & Back), and a payment of all charges associated with the Applicant’s stay at the Property, as indicated in an invoice issued to the Applicant (henceforth as “Rental Fee”). Once the Owner is in receipt of all of the foregoing matters listed in this clause, the Applicant’s reservation is deemed as “Confirmed”.
  • If the Applicant fails to pay the balance of the Rental Fee, then the Owner reserves the right to terminate this agreement, cancel the Applicant’s reservation, and rent the Property to another customer.
  • The Applicant consents to collection of credit and personal information by the Owner as may be required at any time in connection with the Rental Agreement. The Owner shall not be entitled to disclose any personal information of the Applicant, unless otherwise provided under the Privacy Act.

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2. Cancellations

  • All cancellation requests must be provided to the Owner in writing. A cancellation request is not received unless or until the Owner confirms receipt of the Applicant’s request.
  • If the Applicant cancels their reservation within forty-eight (48) hours after the Rental Fee is paid to the Owner, the Applicant will not be charged a cancellation fee and will receive a full refund.
  • If the Applicant cancels their reservation after forty-eight (48) hours have lapsed after payment, but more than seven (7) days before the Check-in date, the Applicant will receive a fifty percent (50%) refund on the Rental Fee.
  • If the Applicant cancels their reservation less than seven (7) days before the Check-in date, no refund will be provided on the Rental Fee.
  • The Owner reserves the right to cancel this Rental Agreement if the Property to becomes damaged, destroyed, uninhabitable due to no fault of the Applicant. In such scenario, the Rental Agreement may be cancelled, and the Applicant shall be refunded the Rental Fee and the owner will not bear any further responsibility or liability towards the Owner.
  • The Owner reserves the right to cancel or terminate this Rental Agreement should the Applicant violate any of the terms of this Rental Agreement, or if the Applicant causes the Property to become damaged, destroyed, or uninhabitable (whether intentionally or otherwise). The Owner will not be responsible for any refunds, and may pursue the Applicant if the damages are in excess of the Rental Fee and Damage Deposit (as defined below).

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3. Damage deposit

  • The Applicant acknowledges and understand that the Applicant must provide the Owner with a Damage Deposit of no less than $1,500.00 before the start of the Applicant’s Rental Period by way of a credit card pre-authorization or post dated cheque in the said amount (the “Damage Deposit”). The Applicant and the Owner may agree on an alternative method for the Damage Deposit, which could include, but is not limited to, cheque or cash. The actual amount of the Damage Deposit will be at the Owner’s sole discretion.
  • The Applicant authorizes the Owner to make a pre-authorization on the Applicant’s credit card in the amount of the Damage Deposit and waive their right to dispute any charges made on the credit card in accordance with the terms of this Rental Agreement.
  • The Applicant understands that the Owner will inspect the Rental Property for any damage, losses or violations of this Agreement after the Applicant’s departure.
  • The Applicant agrees that the Owner may charge the Applicant’s credit card for any losses or damages incurred by the Owner in the event that the Applicant or any guests of the Rental Property violate any of the terms of this Rental Agreement, which may include without limitation: violation of this Rental Agreement in any way whatsoever, damage to the Rental Property, failure to vacate the Rental Property by the designated check-out time, failure to leave the property in a reasonably clean state (as was delivered to the Applicant prior to the rental period) before departure, smoking inside the Rental Property, or a noise violation ticket being issued by the local Municipality.
  • In the event the Damage Deposit is insufficient to cover the losses incurred by the Owner as a result of the Applicant’s breach of this Agreement, the Applicant authorizes the Owner to make additional charges on the Applicant’s credit in addition to the amount of the Damage Deposit.
  • Upon satisfactory inspection of the Rental Property and confirmation by the Owner that there were no other breaches of this Agreement, the Owner will release the pre-authorization on the Applicant’s credit card.

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4. Rental property amenities

  • The Rental Property contains a number of items for the enjoyment of the Applicant, as listed in Appendix A of this Rental Agreement (“Amenities”).
  • The Property is also equipped with a hot tub, indoor fireplace, outdoor fire pit, and a dock on the shorelines of Lake Simcoe (hereinafter as the “Risk Amenities”).
  • There are certain risks associated with the use of the Risk Amenities, including, without limitation, serious bodily injury and even death. The Applicant shall take care to ensure their, and their guests’ safety, and that any minors shall be supervised at all times when using the Risk Amenities.
  • The Applicant understands and acknowledges that the Risk Amenities are unsupervised and are to be used at the sole and exclusive risk of the Applicant and their guests. We will not be held responsible or liable for any injuries or death that may occur as a result of the Applicant’s use of the Risk Amenities.
  • The Applicant and its guests must maintain and leave the Rental Property and all of its Amenities and Risk Amenities in the same state and condition as they were when the Applicant took possession of the Rental Property.
  • The Applicant acknowledges and understands that periodically certain Amenities or Risk Amenities of the Rental Property may not be available or functional due to circumstances that are beyond our control. Although the Owner will use their best efforts to fix or replace any such deficiencies before or during the Rental Period, the Owner cannot be held responsible for the unavailability of any advertised Amenities or Risk Amenities during the Applicant’s Rental Period. The Applicant understands and acknowledges that they will not be entitled to any refunds, discounts or credits to the Rental Fee in the event any of the Amenities or Risk Amenities are not available or functional during the Rental Period.

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5. Access to rental property and check-in

  • Once the Applicant’s reservation is Confirmed and the Applicant has paid the Rental Fees in full, the Owner, or their representative, will email the Applicant detailed instructions on accessing the Rental Property by no later than one week prior to the start of the Rental Period.
  • The Applicant may not check-in to the Rental Property until 4 pm on the first day of the Rental Period.
  • Early check-in may be arranged depending on availability or holidays. Any requests for early check-in must be made to the Owner in advance of the start of the Rental Period and may be subject to additional fees.
  • The Rental Property has been pre-checked by on-site management. If the Applicant discovers any damages or other major deficiencies with the Rental Property, the Applicant is required to notify the Owner within one hour of check-in.
  • The Owner, or their representative, may meet the Applicant at the Rental Property on the Check-in date, or the Owner will provide the Applicant with all necessary information regarding the Rental property, along with relevant contact information for the Owner or their representative, to be contacted in case of an emergency.

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6. The applicant's stay at the rental property

  • As part of this Rental Agreement, there are also a number of rules governing the Applicant’s stay at the Rental Property, which are contained in Appendix B subject to change from time to time (the “House Rules”). The House Rules form an integral part of this Agreement. Any violation of the House Rules is considered a breach of this Agreement which gives the Owner all of the rights and remedies contained in this Agreement, including without limitation, termination of the Agreement, denial of access to the Rental Property, early eviction, and loss of Damage Deposit.
  • The Applicant agrees to immediately notify the Owners in writing in the event any accidents, defects or losses of any kind occur to the Rental Property or contents thereof during the Rental Period.
  • The Owners have the right to enter the Rental Property during the Rental Period at their absolute discretion if there are reasonable grounds to suspect a violation and/or breach of the Agreement.

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7. check-out

  • The Applicant and any guests are required to, at all times, maintain and leave the Rental Property and all of its fixtures and contents in a reasonable state of cleanliness and in the same state and condition as they were when the Applicant took possession of the Rental Property. The Applicant will be held responsible for any and all damages and losses caused to the Rental Property, including without limitation failure to observe the required state of cleanliness upon departure, caused by the Applicant or any guests.
  • The Applicant is required to check-out of the Rental Property by no later than 11AM on the last day of the Rental Period. Holiday times vary.
  • Late check-out may be arranged with the Owner depending on availability. All such requests must be made to the Owners in writing and confirmed by the Owners or guest services.
  • Prior to checking-out of the Rental Property, the Applicant is required to remove all of their personal items, remove all garbage from the Rental Property and place it in the designated garbage bins.
  • The Owner will not be responsible for any lost, misplaced, or damaged personal items or any items left behind at the Rental Property by the Applicant or any guests.
  • Should the Owner find an item which was forgotten or left behind by the Applicant or any of its guests, the Applicant agrees to pay an accounting/packaging fee in an amount of thirty dollars ($30.00) in addition to the cost of postage for the return of the item. Total costs of such service and the method of payment are subject to mutual covenant.

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8. short-term accommodation

  • The Applicant understands and acknowledges that this is a vacation rental and by its nature is a short-term accommodation arrangement. The Applicant agrees that the provisions of the Residential Tenancies Act, as amended, and other similar legislation and common law rules governing the relationship between landlords and tenants do not apply to the relationship between the Applicant and the Owners. Any reliance of such legislation or common law rules is expressly excluded.
  • The Applicant agrees not to sublet the Rental Property or assign, in whole or in part, its rights under this Agreement or any other agreement with the Owners.

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9. Termination of this rental agreement

  • Owner has the right to terminate this Agreement at any time prior to, or during, the Rental Period if the Applicant breaches the terms of this Agreement in any way whatsoever, including without limitation if:
    • The Applicant permits the Rental Property to be occupied by more guests than they advised the Owner of in writing prior to the start of the Applicant’s Rental Period;
    • The Applicant uses the Rental Property for any illegal activities, which includes without limitation, any activities that are contrary to the Criminal Code of Canada, and any other legislation and regulations in effect from time to time;
    • If the Applicant uses the Rental Property for any parties, social events or large gathering whatsoever without prior written and express consent from the Owner;
    • The Applicant interferes with the neighbours’ reasonable use and enjoyment of their respective properties, including without limitation, causing any damage to the neighbours’ properties, or causing excessive noise, whether or not such noise results in a formal noise violation (see section Municipal By-laws of this Rental Agreement dealing with the municipal noise by-law);
    • If the Applicant causes any damage to the Rental Property or any of the Amenities or Risk Amenities;
    • If the Owners are required to attend at the Rental Property during the Rental Period for any reason whatsoever that is caused by the Applicant’s fault or neglect; and
    • If the Applicant misrepresented any material information provided to the Owner under this Rental Agreement or otherwise in the course of our relationship.
  • If the Owner elects to terminate this Agreement at any time prior to, or during, the Rental Period, the Applicant understands and acknowledges that the Owner may refuse to give the Applicant possession of the Rental Property or permanently remove the Applicant and the Applicant’s guests from the Rental Property, in which case the Applicant will forfeit any Damage Deposit and Rental Fees paid to the Owner, and the Owner reserves the right to make additional charges to the credit card provided to the Owner for the Damage Deposit on account of any administrative fees associated with dealing with the Applicant’s breaches of the Agreement and losses incurred by the Owner.

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9. municipal by-laws

  • The Applicant acknowledges that they are aware and understand that the local municipality has a very strict noise by-law in effect 24 hours a day, seven days a week, which includes but is not limited to the local noise regulations prohibit any loud sounds from electronic devices musical instruments, or human activities that disturb the peace and comfort of individuals in various types of residences or buildings.
  • The Applicant agree to abide by this by-law at all times and will cause all guests to abide by this by-law during the Applicant’s stay at the Rental Property and further understand and acknowledge that a violation of this noise by-law carries an enforcement fine from the local municipality enforcement.

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10. Responsibility for guests

  • Whether or not the Applicant will be occupying the Rental Property during the Rental Period, the Applicant agrees to remain responsible for the actions and omissions of all occupants of the Rental Property.
  • The Applicant acknowledges and agrees that any breaches of this Agreement, including any appendices, by any occupant of the Property will be deemed a breach of this Agreement by the Applicant, which will give the Owner the right to exercise any of the remedies contained in this Agreement or permitted by law.
  • The Applicant agrees to provide the Owner with the names of all intended occupants of the Rental Property in advance of the Rental Period.
  • In the event that the Applicant permits the Rental Property to be occupied by occupants not previously disclosed to and approved by the Owner, the Owner shall reserve the right to terminate this Rental Agreement.

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11. limitation of liability

  • THE APPLICANT ACKNOWLEDGES AND CONFIRMS THAT THE OWNER’S LIABILITY UNDER THIS AGREEMENT SHALL BE AND IS HEREBY EXPRESSLY LIMITED TO THE RENTAL FEES AND ANY ADDITIONAL AMOUNTS PAID BY THE APPLICANT TO THE OWNER IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. IN NO EVENT SHALL THE OWNER BE LIABLE TO THE APPLICANT OR ANY OTHER OCCUPANTS OF THE RENTAL PROPERTY, WHETHER SUCH OCCUPANTS WERE AUTHORIZED BY THE OWNER OR NOT, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY BE SUFFERED, INCURRED, OR CLAIMED BY THE APPLICANT OR ANY OTHER SUCH OCCUPANTS OF THE RENTAL PROPERTY. THE APPLICANT FURTHER ACKNOWLEDGES AND CONFIRMS THAT THEY WILL USE THE RENTAL PROPERTY AND ITS FACILITIES IN ACCORDANCE WITH THE RENTAL TERMS AND CONDITIONS, AND THAT SUCH USE WILL BE AT THE APPLICANT’S OWN RISK. THE PARTIES AGREE TO LIMIT THE OWNER’S LIABILITY FOR ANY ACCIDENTAL DAMAGE/INJURY, INAPPROPRIATE USE OF THE PROPERTY’S AMENITIES, INJURIES CAUSED BY MALFUNCTIONING EQUIPMENT/AMENITIES, ANY AMENITIES THAT ARE NOT OPERATIONAL, FALSE FIRE ALARMS AND SUBSEQUENT FINES FROM THE FIRE DEPARTMENT, AND ANY OTHER PROVISIONS THAT WOULD WAIVE ANY LIABILITY FROM THE OWNER. THE OWNER SHALL HAVE NO LIABILITY IF THE PROPERTY BECOMES UNAVAILABLE DUE TO ANY REASON BEYOND THE OWNER’S CONTROL, INCLUDING BREAKDOWN OF EQUIPMENT SUCH AS HVAC, BREAKDOWN OF WATER SUPPLY, OR ACTS OF NATURE/GOD.

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12. indemnity

  • THE APPLICANT AGREES TO INDEMNIFY AND SAVE THE OWNERS HARMLESS FROM ANY LOSS, LIABILITY, DEMAND, CLAIM, DAMAGE, COST OR EXPENSE WHATSOEVER (INCLUDING ANY LEGAL COSTS ON A SOLICITOR-CLIENT BASIS), INCLUDING WITHOUT LIMITATION ANY CLAIMS OR DEMANDS MADE BY ANY OCCUPANT OF THE RENTAL PROPERTY, ARISING FROM OR RELATED TO THE USE AND OCCUPATION OF THE RENTAL PROPERTY BY ANY OCCUPANTS OF THE PROPERTY, INCLUDING WITHOUT LIMITATION TO ANY CLAIM OR LIABILITY FOR ANY PERSONAL INJURY OR DEATH, DAMAGE, THEFT, LOSS OF ENJOYMENT AND ANY PERSONAL DISCOMFORT, WHICH IS MADE, INCURRED OR SUSTAINED BY THE APPLICANT OR ITS GUEST, EMPLOYEES, SERVANTS, AGENTS, HEIRS, SUCCESSORS, INVITEES, REPRESENTATIVES, OR OTHER PERSONS DEEMED TO BE OCCUPYING, OR VISITING THE RENTAL PROPERTY DURING THE RENTAL PERIOD, WITHOUT REGARD TO WHETHER SUCH PERSONS HAVE THE AUTHORITY UNDER THE RENTAL AGREEMENT TO ENTER THE RENTAL PROPERTY.

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13. inability to use the rental property

  • In the rare event that the Rental Property has suffered any damage during, or prior to, the Rental Period that render it unsuitable for human habitation, the Owner may have no choice but to cancel the Applicant’s reservation and terminate this Agreement.
  • In the rare event that the Applicant’s Rental Period overlaps in any way with the rental period of any of our other customers, the reservation that was Confirmed on the earlier of the two
  • dates will have priority to use the Rental Property during the relevant rental period.
  • 50. Upon the occurrence any of the events contained in this section occurs, the Owner will use
  • their best efforts to find the Applicant alternative similar accommodations for all or part of
  • the Rental Period, at our sole discretion reasonably exercised. If the Owner is unable to find
  • the Applicant alternative accommodations or if the Applicant rejects the alternative
  • accommodations provided by the Owner, the Owner shall reserve the right to terminate this
  • Agreement and refund all Rental Fees paid by the Applicant without any further liability to
  • the Applicant or the Applicant guest on the Owner’s part.

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14. force majeure

  • In no event shall the Owner be responsible or liable for any failure or delay in the performance of its obligations under this Rental Agreement arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer services.

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15. force majeure

  • The section headings contained herein are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
  • This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. This Agreement may be executed and delivered by facsimile or other form of electronic transmission, and the parties may rely on a facsimile or electronic signature as though it were an original signature.54. This Agreement shall be interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract.
  • This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersede all prior agreements, representations, understandings, negotiations and discussions between the parties, whether oral or written.
  • This Agreement shall bind and ensure to the benefit of the parties here to and their respective heirs, executors, administrators, successors and assigns, as applicable.

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The Applicant confirms having read this Rental Agreement in its entirety, including the limitation of liability and indemnity provisions, and understanding the terms of this Rental Agreement. The Applicant confirms signing this agreement freely and willingly without any duress, coercion or undue influence by the Owners.

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