COTTAGE BOOKING TERMS &
CONDITIONS
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General: The Cottage is owned by the "Owner
and is offered by South Muskoka Realty Ltd., Broker, operating as
South Muskoka Realty Cottage Sales & Rental Service ("SMR") as
holiday accommodation for the vacationer ("the Holidaymaker") for
the period and upon the terms set out in the Cottage Rental Booking
Form. These Cottage Booking Terms & Conditions are deemed
attached to and form part of the Cottage Rental Booking Form.
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The Cottage Owner can be
contacted through SMR as follows:
| South Muskoka Realty Ltd. |
| 3 Twyford Road, Toronto, Ontario, Canada M9A
1V6 |
| Phone: 416-239-6860
Fax: 416-239-1037 After Hours
Cell: 416-464-1393 |
| Email: south.muskoka.realty@sympatico.ca |
| Website: www.southmuskokarealty.com |
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Cancellation: Any
cancellation by the Holidaymaker shall be in writing and mailed,
emailed or faxed to the Owner at the above address. On receipt
of such written notice of cancellation, the Owner will use its best
efforts to rebook the accommodation for the entire period of the
booking as set out in the Holidaymaker's Cottage Rental
Booking Form.
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Upon any cancellation
of
the vacation rental as per the Cottage Rental Booking Form,
the Holidaymaker will remain responsible for the payment(s)
of the total rental amount.
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Only if the Owner is
successful in rebooking the accommodation as per the Cottage
Rental Booking Form, the Owner will refund to the
Holidaymaker all monies paid by the Holidaymaker, less a 25%
administration charge.
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The Owner and SMR
recommend that all Holidaymakers arrange for Travel &
Cancellation Insurance.
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Maximum Number of Persons
Using the Cottage - The Cottage (septic, water supply, etc.) is
designed to accommodate a maximum number of people. The number
of people present overnight (including guests) shall not exceed the
following maximum number of people (including children), unless
previously approved in writing by the Owner:
| The Folly & Folly Petite
|
Maximum of ten (10) people |
| Rock In |
Maximum of ten (10) people |
| Bemans Point |
Maximum of ten (10) people |
| Lambs Quarters |
Maximum of eight (8) people |
| Shoreside |
Maximum of eight (8) people |
| The Willows |
Maximum of eight (8) people |
| The Hideaway |
Maximum of six (6) people |
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The Holidaymaker
undertakes that only the agreed number of persons will
occupy each cottage and whose details have been disclosed on
the Booking Form. The Owner & SMR reserve the right to
refuse entry to the entire party if this condition is not
met.
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The Owners & SMR
reserve the right to restrict the maximum number of people
in its absolute discretion.
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Holidaymakers who
contravene the maximum number of people will be subject to
immediate eviction without refund or an additional nightly
charge of $250.00 per person, at the discretion of the Owner
or SMR.
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No subletting of
the Cottage is permitted.
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No camping,
tenting, or RV's are permitted on the Cottage Property
without the prior written consent of the Owner or SMR.
No hydro hook-up for RV's, boats, etc.
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NO SMOKING is
permitted inside the Cottage.
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The Holidaymaker is
fully responsible for the actions of any Guests during the
cottage rental.
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Access by Owner - the Owner
or its agent shall be allowed access to the Cottage at any
reasonable time during any vacation and to make repairs as may be
required.
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Repair - the Holidaymaker
shall keep the Cottage and all furniture, fixtures, boats & motors,
canoes, chattels, fittings, and effects ("furniture") in or about
the Cottage in the same state of repair and condition as at the
start of the holiday, and shall leave the cottage as clean and
general order in which it was found, and not to remove any
furniture from the Cottage Property. Failure to do so, or
advising the Owner of any damage or repairs required or incurred
during the Rental, may result in a excess damage / cleaning charge
being levied.
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Inventory and Cottage
Information - an Inventory list will be available at each cottage
prior to occupancy; the Cottage Information Sheet and Cleaning Check
List, all form part of this Cottage Rental Agreement and are
available at SMR's offices for your review prior to confirming your
cottage reservation or on our website:
www.southmuskokarealty.com
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Keys - the Holidaymaker
agrees to vacate the Cottage peacefully at the end of the vacation
and to return all keys to the Owner.
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The Holidaymaker
acknowledges that any additional charges including long distance
phone, internet or satellite charges, damage or excess cleaning
charges, etc. may be charged by the Owner or its Agent against the
Security Deposit or to the Credit Card herein and is hereby
authorized to do so accordingly.
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The Owner and SMR reserve
the right at all times, without notice, prior to or during any
rental period to cancel or early terminate any such rental, without
cost or penalty or obligation to the Holidaymaker, where
circumstances, as determined by the Owner or SMR in its sole
discretion, render the Cottage or its services and amenities are not
habitable.
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The Owner and SMR reserve
the right at all times, in its sole discretion, with notice to the
Holidaymaker, prior to any
rental period to cancel, without
cost or penalty or obligation to the Holidaymaker, the Owner or SMR,
if the Owner sells, transfers or otherwise disposes of the Cottage.
In the event the Owner or SMR cancels the said Rental, the Owner and
SMR will refund in full all rental monies and deposits paid by the
Holidaymaker. SMR will use its best efforts to find an
alterative vacation rental for the Holidaymaker. The Owner and SMR, or its employees or
agents will not be liable whatsoever for any loss or any damages to
the
Holidaymakers, by the canceling of the said vacation rental as
aforesaid, whether or not the said loss or damage may be caused by an act,
omission, breach of contract or negligence or any other cause on the
part of the Owner, SMR or its agents.
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Arrival & Departure Times -
unless otherwise specified in writing, rentals commence at 3:00pm on
the first day of the rental and ending at 11:00am on the day of
departure. Saturday is the normal rental start and departure
day for weekly rentals. Weekend rentals will typically start
at 3:00pm on Friday and departure time is 3:00pm on Sunday; such
times are subject to change at the sole discretion of the Owner or SMR.
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Linens & Towels - the
Holidaymaker will normally be required to supply their own bed
linens, towels, tea-towels, etc. Quilt and pillows will
normally by supplied by the Owner. Specific requests for the
Owner to supply linens and towels must be made in writing at least
10 days prior to the rental start date; a laundry fee will be
applicable.
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Pets - house trained pets
(cats & dogs only) will generally be permitted, but the Owner & SMR
must be advised of such pets at the time of booking on the Cottage
Rental Booking Form. The Holidaymaker will be responsible for
any damage caused by pets.
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Complaints - the
Holidaymaker is responsible for notifying the Owner or SMR
immediately upon arrival at the Cottage of any damage or other
circumstances or complaints that the Holidaymaker considers
appropriate, so that an on-site investigation can be made and, if
necessary, remedial action take; failure by the Holidaymaker to
inform the Owner or SMR forthwith upon arrival of such complaints,
etc. will be deemed by the Owner & SMR that the Holidaymaker has
forfeited all of its rights to make such complaints. Under no
circumstances will compensation be paid for complaints raised after
the completion of the cottage rental (which is not notified to the
Owners or SMR during the rental period).
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Noise - all Holidaymakers
and their Guests are prohibited from making noise that will disturb
people in the area and neighbourhood at any times. In
particular no playing of loud music or loud offensive behavior is
prohibited at all times. The Township in which the cottage is
located has a noise by-law and this will be strictly enforced.
In the event the Holidaymaker and their Guests fail to comply with
this noise condition, the Owner & SMR reserve the right to terminate
the rental without notice if any Holidaymaker or Guest causes a
disturbance or nuisance whatsoever.
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The person signing the
Booking Form must be a member of the party intending to occupy the
cottage rental, be over the age of 18 years of age, and certifies
that he or she is authorized to agree to all the Booking Terms &
Conditions on behalf of all persons included on the Booking Form
or occupying the cottage at anytime.
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This written contact
contains the whole agreement between the parties, the website,
correspondence and advertising materials are offered in good faith,
and neither they nor any oral representations made by the Owner or
SMR or its agents form any part of this agreement.
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Whilst every effort has
been made to provide a correct description of the property and
details of the accommodations, the subject of the cottage rental,
the Owners and SMR make no representation as to the state of
condition of the property, nor to the position, type or state of the
furnishings described on or shown in any literature.
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If there is a material
breach of any conditions herein, the Owners & SMR or its agents
reserve the right to terminate the rental without prejudice to any
other rights and remedies the Owners may have against the
Holidaymaker or its Guests.
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The cottage will be cleaned
and prepared prior to your arrival. Country critters such as
mice, spiders, ants, bugs, etc. are all part of rural life in
cottage country and whilst the Owners & SMR take precautions to
eliminate such critters, they will, and do, find their way into
cottages; the Owners & SMR make no representations for such critters
and their presence.
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Hydro Electricity and Other
Services - the cottage is in a rural part of Canada and hydro
electricity, phone and other utilities or services are supplied to the cottage
by such Utility Companies. Occasionally, or by an Act of God,
such services may be disrupted before or during your vacation.
We as the Owner apologize in advance if such disruption occurs
during your vacation; however, the Owners & SMR cannot take any
responsibility for such disruptions or for any damage, loss or
injury that may be caused by such events.
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DISCLAIMER OF LIABILITY
The Cottage Owner, South Muskoka Realty Ltd., operating as South
Muskoka Realty Cottage Rental Service (SMR), or its employees or
agents will not be liable whatsoever for any loss or any injury to
Holidaymakers, or any damage to the Holidaymakers property, however
the said damage, loss or injury may be caused, whether by an act,
omission, breach of contract or negligence or any other cause on the
part of the Owner, SMR or its agents. Use of the Cottage and
all Furniture and Effects, including the use of boats, is at your
own risk.
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These Booking Terms and
Conditions are attached and form part of all Cottage Rental Booking
Forms.
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