These Terms and Conditions clarify The Owner's obligations to The Renter, The Renter's obligations to The Owner, and in the very unlikely event of any disputes, will be used as the basis for any resolution. Please read them carefully before confirming your booking.
Check-In: From [Time] / Check-Out: By [Time] (High Season Weekly Rentals)
For Low Season Weekend and Mid-Week Rentals an earlier Check-In and later Check-out may be possible (usually In from [Time] and out by [Time])
Acceptance of these Terms & Conditions binds a contract between the following two parties:
The Rental Applicant (The Renter) and The Property Owner (The Owner)
1. Party Members
All persons listed on the Rental Agreement or added subsequently by The Renter will be bound by the terms of this agreement. Occupancy of the property is restricted to those names listed on the Agreement or added subsequently by The Renter. The Rental Applicant is considered to be the Lead Renter and will assume full responsibility for all members of the Rental Group throughout the rental period. Information or instructions relating to this rental will be communicated to the Rental Applicant only and not to any third-party member of the Rental Group.
A Reservation will be confirmed by The Owner once the application has been approved and initial or full payment has been processed. For reservations of one week or more, if the reservation is made 45 days or more before the rental commences, an initial rental deposit payment of [X%] of the rental fee will be due at the time of booking. If a reservation is made less than 45 days before the rental commences, or the reservation is less than a full week’s duration, the full rental fee must be paid at the time of booking. In the event of a reservation not being accepted by The Owner, all fees paid will be refunded immediately. Any booking made within 10 days of the start of the rental period must be paid in full by credit card via PayPal, certified check or money order at the time of booking. No reservation may commence without full payment being cleared.
Once a reservation is received and accepted by The Owner, The Renter is liable for payment of the balance of the rental fee 45 days before occupation of the property. Non-payment by the due date will be treated as a cancellation and the deposit will be forfeited.
3. Cancellation Policy & Changing a Booking
Once a reservation has been accepted and confirmed, a cancellation can only be made in accordance with the terms below:
- If the period of rental can be re-booked, a refund for the period re-rented or the part thereof, less a cancellation fee of [Amount] will be issued.
- If any part of the rental period cannot be re-booked, the Renter will forfeit all monies paid for that period.
4. Occupancy of the Property
Regardless of the published maximum number of persons a property can accomodate, the number of guests occupying the Property is strictly limited to those named on the Rental Agreement or any subsequent amendment notified in writing to The Owner. The stated and agreed occupancy figure includes all persons irrespective of age, day and overnight guests.
Exceeding the number of stated and agreed persons will result in immediate eviction without refund, or a $100 per guest per night charge at the discretion of The Owner.
5. Condition of the Property
The Property will have been inspected prior to occupation and therefore The Renter undertakes to:
- Notify The Owner immediately with regard to any damage and/or maintenance issues that require attention.
- Keep the Property and all furniture, fixtures, fittings, chattels and effects in or about the Property in the same state of repair and condition as found at the commencement of the Rental.
- Where a cleaning service is provided; The Renter shall follow the departure instructions provided by The Owner.
- Where a cleaning service is not provided; The Renter shall leave the Property in the same state of cleanliness and general order in which it was found. Failure to do so to the satisfaction of The Owner will result in a damage/cleaning charge being levied.
6. Use of Telephone and Internet Services
Where a telephone is provided as part of the rental, The Renter must charge all long-distance telephone calls to either a credit/phone card or call collect, unless advised otherwise. Where internet services are provided, there may be download restrictions and a charge may be levied if these are exceeded. It is The Renter's responsibility to check for restrictions on an internet device before commencing any download.
One dog is permitted [indicate any restrictions]. All evidence of pet occupation must be removed from the Property and grounds at the end of the rental period. Pets are not permitted on any item of furniture, including beds, and evidence of pet hair on furniture and bedding may incur additional cleaning charges.
Pets are strictly prohibited at this property. Any evidence of pet occupation will result in a forfeit of the damage deposit in its entirety.
The Owner accepts no responsibility for any allergic reaction or other conditions arising from occupancy of the property. The designation of “No Pets” does not indicate there have not been pets at the property at some time.
Smoking is not permitted in or around the immediate vicinity of the property.
9. Property Access During Winter Months
The Property is offered for rental during the winter months and has road access and receives a snow clearance service from [indicate municipal or private contractor]. However, Renters are advised that following any major snowfall, snow plough providers are contracted to clear local roads in a predetermined order. Consequently, plowing at a property may be delayed for several hours or, in severe storm conditions, days. In the unlikely event that a Renter is unable to leave a property on the planned departure date, the Renter will not be liable for any additional accommodation charges. Conversely, should a lack of snow clearance prevent a Renter from reaching a property, the Renter will receive a refund of the rental fee for the day(s) the property was inaccessible. However, The Owner will be held responsible for any losses, additional expenses or penalties incurred as a result of being unable to arrive at or leave a property on time due to a lack of snow clearance. Renters are also reminded to ensure that they and their vehicles are suitably prepared and equipped for driving in the wintry conditions likely to be encountered during their visit to the Property.
10. Equipment and Facilities Provided
Equipment and facilities are provided at the discretion of The Owner and whilst every attempt is made to ensure that such equipment is in working order for the duration of the rental period, should a breakdown or some other situation occur that renders non-essential element unusable, the Owner does not take responsibility for replacing or refunding The Renter for the lack of use of these equipment or facilities. The equipment and facilities referred to include (but are not exclusive to) such items as watercraft, motors, televisions, VCRs/DVDs, hot tubs, saunas and Jacuzzis.
The Renter must report any inoperative or defective equipment to The Owner promptly! The Owner will make every reasonable effort to have repairs made as soon as possible; however, there are limited service contractors in [Your Area]. While every attempt will be made to ensure that all the advertised equipment and appliances are in working order at the commencement of a rental period, no reduction of rent; rebate; or refund will be issued for a mechanical failure of air conditioning, dishwasher, washer, dryer, TV or other appliances.
If a breakdown should occur to fundamental elements such as water systems, plumbing and electrical systems, and major appliances such as stove or refrigerator, every effort will be made to repair or replace, or an appropriate refund will be made for the inconvenience caused. This does not apply to system breakdown caused by misuse, such as plumbing blockages caused by inappropriate use of sanitary facilities.
The Owner is not liable, nor will provide a refund, for any stoppage of electrical services caused by extreme weather or other circumstances beyond his control. Similarly, there will be no refunds for inclement weather, changes in water levels, conditions at neighboring properties, or any nuisance afforded by the natural elements of the location such as flying insects or the animal population.
12. Other Conditions of Booking
The Renter shall abide by these Terms and Conditions of Rental and any other instructions contained in the individual Cottage Guide and any additional information and instructions as shall be supplied in the Property or by The Owner.
LIMITATIONS OF LIABILITY: The Renter represents, warrants, acknowledges and agrees with The Owner that he/she will use the Property and its facilities in accordance with The Terms and Conditions above and the Information provided and that he/she does so at his/her own risk and that he/she indemnifies and saves The Owner harmless from any personal injury, sickness or death, loss or damage, however caused, to person or property of The Renter, his/her family, or guests, before during or after the time of occupancy. Further, he/she accepts full responsibility for the use of the Property and any recreational equipment such as boats and motors, etc. and agree to pay for any damage of said equipment, other than for normal wear and tear. The Renter further acknowledges he/she is responsible for ensuring all Boating Regulations are observed, including having required safety equipment in the watercraft, as well as meeting current Operator Competency Requirements.
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What about eviction if something goes wrong? How can we expel someone. We owe a unit in condo/type building. The Hotel management asked us to cancel to lease agreement due to non respect of building rules, bad behaviour... even the Police has to show up and report was made! 8 days out of 11 days has hard for Hotel staff around even for our Property Manager. The lease was 2 months. In hotels, they can, is it possible to do the same for private owners? Can we add that to a lease agreement? Many thanks
I found this very helpful