Rental Agreement


General

The Term and Conditions providing below along with foregoing Cottage Rental Application Form constitute the agreement between the Applicant (“You”) and Gables Resort, the owner of the cottages (the “Owner”) regarding your temporary use of the cottage (the “Property”).



Payment

You will remit fifty percent (50%) of the total Amount. The balance shall be payable thirty (30) days prior to occupancy. All payments shall be made to the Owner by valid credit card. There will be a $30.00 penalty if the balance owing is not paid to the Owner a full 30 days prior to occupancy. If the Property rental is made with less than thirty (30) days’ notice, payment in full is required at the time that the Cottage Rental Application is submitted via valid credit card. Bookings shall be confirmed in writing by the Owner after payment of the deposit and receipt of a completed Cottage Rental Application form.



Security Deposit

In case of any damages to the cottage or resort property post check out, you agree that the owner has the right to charge provided credit card, for the payment of up to 500$ CAD for small two bedroom cottages and up to 800$ CAD for Tiffany Cottage. You will be notified of the amount of charge for damages prior to being charged.



Penalty Fee

In case of breaking any of the below rules you will be charged full security deposit in amount 500$ CAD.
RESORT RULES
STRICTLY PROHIBITED AT THE RESORT PROPERTY:
  • ANY KIND OF PARTIES
  • LOUD SOUNDS AFTER 11PM UNTIL 9AM
  • FIREWORKS
  • TENTS ON SITE
  • UNREGISTERED GUESTS
  • SMOKING MARIJUANA



Cancellation and Refund Policy

Cancellation By You

Any cancellation made by You shall be in writing addressed to the Owner, and the amount of refund depends on how many days prior the Check-in Date this Notice was received by the Owner as follows:
  • if more than thirty (30) days – it shall refund all money paid less an administration processing feу 5%;
  • if less than thirty (30) days but more than fifteen (15) days – it shall refund all money paid less fifty percent (50%) of Total Amount;
  • if less than fifteen (15) days – it shall refund only Cleaning fee. If you have occupied the Cottage, but decided to leave it prior the Check-out Date – it shall refund only Security Deposit if you leave the Cottage in the same state of cleanliness and general order in which it was found by You.
You agree that You shall not be entitled to any refund arising from weather or water conditions, changes or fluctuations in the lake level, conditions at neighbouring cottages or other conditions beyond the control of the Owner.

Cancellation By the Owner

If the Property is damaged, destroyed, uninhabitable, or is unavailable for any other reason, then the Owner may terminate this Agreement by giving written notice to You. All payments that You have made will be refunded and the Owner will not bear any further responsibility towards You.



Use

You agree to use the Property for personal vacation use only. All persons staying at the Property overnight (including guests) will be named on the Cottage Rental Application and it is your responsibility to ensure that all such persons and all guests abide by the rental terms and conditions. If You violate this provision, You will be deemed to have committed a fundamental breach of this Agreement which will entitle the Owner to evict You from the property without refund or other compensation.

The number of persons present (includes adults and children) overnight or during the day (including guests) shall not exceed the maximum number indicated in your above mentioned Cottage Rental Application Form, without prior authorization from the Owner. If You contravene the maximum number stated above, You will be subject to immediate eviction without refund or an additional nightly charge of $100.00 per person, at the discretion of the Owner. Please note that any person, regardless of age is counted as a person in the occupancy of a cottage.

There shall be no camping, tenting or other auxiliary accommodation on the Property without prior written authorization.

No person under the age of twenty-five (25) years is allowed on the Property unless such person is accompanied by a parent or guardian.

Small Pets are allowed in the Property (no more than 15 lbs). Pet fee – 100$ per pet

Smoking is NOT allowed inside the property.

Smoking marijuana is NOT allowed at all at the resort property.



Repairs

Every effort will be made to ensure that all of the equipment at the Property is in good working order at the time of your arrival. Should there be a problem with the water, plumbing or electrical system or with a major appliance, You are to contact the Owner in accordance with the information contained in the Cottage Information Folder.



Your Obligations Repair

You agree to keep the Property and all furniture, fixtures, chattels and effects in or on the Property in the same state of repair and condition as at the commencement of the rental period, save and except for ordinary wear and tear.



Clean Up

You agree to clean the Cottage prior to departure, remove your own garbage and recycling and generally to leave the Property in the same state of cleanliness and general order in which it was found.



Keys

You agree to return the key at the time of departure to the place where it was picked up. You agree to pay a thirty dollar ($30.00) charge if the key is lost or not returned at the time of departure.



Telephone and Internet

The Cottage does not have a land line. There is now cell phone service in the area with BELL, Fido, TELUS & Kudo. You have to check with your own service provider and cell phone plan to see if have service in the area and bring your charger. There is now Wireless Internet at the cottage free of charge. It is good for checking email and browse internet, but, because this is a rural account, with bandwidth restrictions, so online gaming and video streaming are not recommended and will result in slower download times.



Water and Septic

The property is on a well and septic systems. Be mindful that wells can run dry from overuse, practice conservation (i.e., limit showers, only use the laundry if absolutely necessary and wait a few hours between laundry loads, etc.).

The septic system is very effective; however, it will clog up if improper material is flushed. Natural waste and toilet paper are the ONLY things allowed down the drain. Other items, such as diaper wipes, tampons, food, coffee grinds and grease will back up the septic system and result in costly repairs. All children and guests need to know - and observe - this. If it is found that feminine products have been flushed and clog the septic system, you could be charged damages and repair costs. The water source is fresh and clean - it is filtered and tested regularly and is suitable for drinking.

Paper plates are a great alternative to running the dishwasher or doing dishes and practical for protecting the local cottage environment, septic and lake from harmful soaps and detergents. It also takes the stress of cottage wells systems especially if a lot of people are staying at the cottage.



Housekeeping

There is no daily housekeeping service. You need to bring your OWN blankets, pillows, sheets, pillowcases, bath and beach towels and beach amenities. There is a coin-laundry room at the resort if you wish to freshen linens or do laundry during your stay. As the cottage is on a well and septic, please only launder clothes if absolutely necessary to ensure that well does not run dry and the septic is not overloaded. We do not permit any staff to be taken from the property.



Fires and Fireworks

The wood burning fireplace in the rooms is not in operation during the warmer months (typically May through September). Guests are asked to use extreme caution when starting a wood fire in the living room fireplace or in the outdoor fire pit near the water. Fires are not to be constructed anywhere else on the property. You must use the allocated wood only, and never leave the fire unattended at any time. Removal of trees on the property is not allowed. A water bucket should always be placed near the outdoor fire pit and the fire should be extinguished prior to retiring for the evening. You must obey the municipal fire bans as applicable during the dry summer months.

Camp fires are to be contained and supervised and happen only in the campfire pit. It's your job to know it there is a fire ban in effect, and to adhere to it. Use only the wood and kindling designated for the camp fire, not any firewood for indoor use. Always douse fire thoroughly before leaving it. There is a NO day burning. If the fire department is called for an incident pertaining to day burning, the costs for this will be billed to you. Absolutely NO fireworks allowed at the cottage



Storms & Power Outages

Guests will not receive refunds for unfavorable weather (e.g. rain, snow etc.). Guests are asked to advise the maintenance person if a power outage occurs. If the power outage persists beyond 24 hours, the Guests may choose to vacate the property for the duration of their rental. In this case, a refund will be processed, less any cost for damages and already used days of the Guest’s stay. The Guest must advise the maintenance person prior to vacating the property. Contact information for the maintenance person will be provided at the property.



Outdoor Noise

Being neighbourly. Keep noise level to a minimum; remember that sound travels across water easily. Be respectful of others and refrain from loud noise outdoors after 11:00 pm.



Fishing

Anyone wishing to fish Ontario’s waters must carry a fishing license on their person. We do not provide fishing rods or fishing supplies. You must also obey applicable municipal fishing bans.



Keeping safe (on the water, in the swimming pool, on the roads, with children)

Although a boat may not be provided in your rental, many local marinas and outfitters' stores do rent fishing boats and canoes (see our links page). If a watercraft is provided, it is your responsibility to ensure that all rules, laws, regulations and safe boating practices are followed. We advise that you obtain a hydrographic map if you are boating on unfamiliar waters.

For more information on boating regulations and safety call the Canadian Coast Guard at 1-800-267-6687 or visit their website through our links page.

Please supervise children at all times - especially near water and in the swimming pool



Video Surveillance

You are aware and agree that the Cottage and surrounding area is protected by 24-hour video surveillance for security purposes pursuant to applicable laws of the Province of Ontario.



Cottage Information Folder

At the cottage, you will find a copy of an individualized cottage information folder, containing the "Household Rules" (emergency numbers, cleaning checklist, garbage disposal and septic information, etc.) Read through the "Household Rules" as soon as you arrive as you are responsible for following them! The location of marinas, local stores and attractions, fishing and other tourist information, will also be provided to make your stay more enjoyable. Please read and follow the information and instructions for the cottage. If you are unable to find this folder, please contact the Owner.



Forgotten Items

If You request the return of any items which were inadvertently left on the Property, You agree 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. You agree to allow such charges to be charged to your credit card.



Proof of Insurance Coverage

The Owner reserves the right to request proof of a home/contents insurance of each renter to demonstrate that any damage made at the property will be covered by the renter’s home/contents insurance.



Check In/Check Out

Arrival time is not early 3:00 p.m. EST and departure time is no later 11:00 am for two bedroom cottages. For Tiffany Cottage check in is not early 4:00 p.m. EST and departure time is no later 11:00 am



Access

The Owner shall be allowed access to the Property at any reasonable time during any Your occupancy.



Disclaimer

The information contained in any printed materials or web site is believed to be accurate at the time of printing/viewing. However, the Owner reserves the right to make alterations thereto. Although the Owner shall endeavor to inform You of such alterations, the failure to do so shall not relieve You of your obligations under this agreement.

If the alterations relate to fundamental elements or services, the Owner shall attempt to provide comparable fundamental elements or services. If such fundamental elements or services cannot reasonably be provided, the sole obligation of the Owner shall be to provide such refund as it deems appropriate. Fundamental elements refer to water systems, plumbing and electrical systems, major appliances, such as refrigerator and stove. Fundamental elements do not refer to recreational items such as boats, motors, hot tubs, televisions, VCR’s or satellite dishes and such recreational items are provided at the discretion of the owner as an added feature for the renter’s use. While every attempt will be made to ensure that such equipment is in working order, should breakdown or some other situation occur whereby these elements are not available for the term of Your stay in the cottage, the Owner shall not be responsible for replacing same or for refunding any part of the monies You have paid.



Limitation of Liability

You acknowledge and agree that You will use the cottage and its facilities in accordance with the rental terms and conditions and the household rules mentioned in the Cottage Information Folder, and that You do so at your own risk.



Indemnity

You will indemnify and save the Owner harmless from any personal injury, sickness or death, loss or damage, however caused, to your person or property or that of your family or guests both during or after the time of occupancy. Further, You accept full responsibility for the use of the cottage and any recreational equipment such as boats, etc. and agree to pay for any repairs or replacement of said equipment, other than for normal wear and tear. You acknowledge that You are responsible for ensuring all boating regulations are observed, for having required safety equipment in the watercraft, and for complying with operator competency requirements.



Legal Proceedings

If You are in default of the terms of this Agreement and it is necessary for the Owner to take legal action against You, You agree that the Owner shall be entitled to recover all costs and expenses of such proceedings including legal fees on a substantial indemnity basis.



Jurisdiction

This Agreement shall be governed by the laws of the province of Ontario and You agree to attorn to the sole jurisdiction of the courts of Ontario with respect to any and all disputes arising under this Agreement or between You and the Owner.



Entire Agreement

There are no representations, collateral agreements, warranties or conditions except as set out in this Agreement.



Assignment

You have no right to assign or sublet this Agreement. Where separate families, groups or parties will be occupying the Property at different time periods, separate Cottage Rental Applications must be completed by each party.



Facsimile and E-mail

You agree that this Agreement may be executed by facsimile or –mail transmission and that facsimile or e- signatures will evidence the obligation of the parties to be bound by the terms of this Agreement.