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Test Rental Contract

Owner To Renter Cottages  - Owned by 2415234 ALBERTA LTD.

Terms and Conditions of the Property Rental Agreement
(the "Agreement")

BETWEEN:

R Benik (the "Owner")

{{product_3575_name}}

AND

Name: {{billing_first_name}} {{billing_last_name}}
User Name: {{customer_wp_username}} Display Name: {{customer_wp_user_displayname}}
Customer Email: {{customer_wp_user_email}}
Address: {{billing_address_1}}, {{billing_address_2}}
City: {{billing_city}}  Province: {{billing_state}}
Postal Code: {{billing_postcode}}
Country: {{billing_country}}

{{customer_wp_user_firstname}} {{customer_wp_user_lastname}} (the "Renter")

(collectively the "Parties")

WITH RESPECT TO THE rental of {{product_459_name}} (the "Property", which includes equipment, machinery and appliances located at the Property) located at the Sherkston Shores Beach Resort and Campground (the "Park")

Booking Confirmation Summary

Order ID: {{order_id}}
this is testing
Shortcode: {{sddelect}
(the "Booking")

 

  1. Confirmation of Booking and the Terms

By requesting a Booking on the ownertorentercottages.com website or mobile application (the "Portal") the Renter agrees and confirms as follows:

  1. that the Rental Price and any other rules, standards, policies, or requirements identified in the Property listing on the Portal are incorporated into and form part of this Agreement; and
  2. that the Renter is agreeing to be bound by the terms of this Agreement and to pay all charges for the Booking, including the rental amount indicated in the Property listing, applicable fees and taxes (the "Rental Price") and a Security Deposit (as defined below).

Once a Booking request is processed, the Renter will receive a confirmation of Booking email (the "Confirmation"), which is a confirmation that the contract between the Renter and the Owner is formed pursuant to the terms of this Agreement.

 

  1. Rental Price

At the time of the receipt of Confirmation, the Owner will charge fifty percent (50%) of the Rental Price (the "Deposit"). The Owner will charge the remaining fifty percent (50%) of the Rental Price thirty (30) days before the Arrival Date.

  1. Security Deposit

In addition to the Rental Price, twenty-four (24) hours prior to the Arrival Date a hold will be placed on the Renter's credit card for a security deposit (the "Security Deposit") in the amount indicated in the listing to the Property. The Security Deposit will be held by the Owner for the observance and due performance by the Renter of the terms and conditions of this Agreement (including, without limitation, those set out in section 11 hereof ). Save and except for deductions made in accordance with the terms of this Agreement, a hold for the Security Deposit will be released by the Owner within five (5) days following the Departure Date.

  1. Rental Period

The rental period (the "Rental Period") shall be the period commencing on the Arrival Date and ending on the Departure Date, unless terminated in accordance with the provisions of this Agreement.
In the event of early departure by the Renter, the Rental Price shall not be reduced.

  1. Check-In and Check-Out

The Renter shall check in no earlier than the Check-in Time on the Arrival Date and shall check out no later than Check-Out Time on the Departure Date. Neither the Renter nor any of the Renter's guests shall be entitled to access the Property at any time outside of those times.

  1. Keys

Keys for the Property (the "Keys") will be provided to the Renter at the check-in. The Keys may be used by the Renter and the Renter's guests to access the Property during the Rental Period. The Renter shall ensure that all doors and windows to the Property are locked at all times during the Rental Period when no one is present at the Property. The Renter is prohibited from copying the Keys.

The Renter shall return the Keys to the Owner or the Owner's representative prior to vacating the Property on the Departure Date. Failure to return the Keys shall result in a charge in the amount of the value of the replacement of the key or lock, as reasonably determined by the Owner, which shall be deducted from the Security Deposit.

  1. Use of Property by Renter

During the Rental Period, the Renter and the Renter's guests shall:

  1. maintain the Property at all times in a neat and tidy condition;
  2. supply their own linen, towels, toiletries, personal effects, products, food supplies and whatever else Renter deemed necessary for their own use during their stay;
  3. refrain from smoking or vaping inside the Property or the area surrounding the Property, including on the deck;
  4. not cause or create a nuisance in any way, including, but not limited to, refraining from playing loud music inside or outside the Property;
  5. properly use and operate all equipment, machinery and appliances at the Property;
  6. not move or rearrange any furniture inside the Property;
  7. not flush feminine hygiene products down the toilet;
  8. not sit on furniture in wet bathing suits, and shall ensure that sand is removed from shoes and feet before entering the trailer at the Property;
  9. comply with all applicable laws and Park's rules (a copy of which is available on the Portal) while being at the Property and on the territory of the Park; and
  10. leave the Property in the same condition it was at the commencement of the Rental Period.
  1. Operation of Golf Cart

The golf cart will be included in the Booking if the listing for the Property indicates that this is the case.

If a golf cart is included in the Booking, the Renter shall ensure that the Renter and the Renter's guests comply with the following when operating a golf cart:

  1. The driver must be a minimum of twenty-five (25) years of age and have a full Class G Ontario Driving Licence or the U.S. equivalent.
  2. The driver shall comply with all applicable federal and provincial laws, adhere to directional signs and observe regular rules of driving.
  3. No more than two (2) people may ride in a golf cart at any one time. Those using a golf cart must be seated on the seats at all times (riding on the back or standing is prohibited).
  4. It is prohibited to drive a golf cart while under influence of alcohol or drugs.
  5. Adhere to all Park rules governing golf cart use including, without limitation, the golf cart must be driven only on roadways, cart paths or beaches, where permitted. For greater certainly, the golf cart shall not be driven on the private property of the Park's residents, soft sand or grass, in the lake, or in the quarry.
  6. The golf cart shall not be removed from the Park.
  1. Maintenance by Owner

In the event of failure of any piece of equipment, machinery or appliance at the Property during the Rental Period, the Renter shall immediately submit a maintenance request to the Owner through the Portal.

Notwithstanding the foregoing, the Owner does not guarantee the operation of any piece of equipment, machinery, appliance or the golf cart serving the Property and there shall be no discount to or refund of any portion of the Rental Price for failure, during the Rental Period, of any piece of equipment, machinery, appliance or golf cart serving or rented in connection with the Property.

  1. Access by Owner

The Owner or the Owner's representative shall be entitled to access the Property upon reasonable notice during the Rental Period for the purposes of supplying services, effecting maintenance or repairs and performing inspections.

  1. Damage and Replacements

The Renter shall immediately report any damage to the Property. The Renter will be responsible for any damage to or loss from the Property which occurs during the Rental Period.

If after the Renter's departure, upon inspection of the Property by the Owner or the Owner's representative, it is be determined that damage to or loss from the Property occurred during the Rental Period then charges for any repair or replacement required to put the Property in the same condition as it was at the commencement of the Rental Period, as reasonably determined by the Owner, shall be deducted from the Security Deposit. In the event that the said charges for repair or replacement exceed the amount of the Security Deposit, the Renter's credit card will be charged for the amounts which exceed the Security Deposit. In this regard, the Renter hereby explicitly authorizes the Owner to make such charges to Renter's credit card.

  1. Garbage and Waste

The Renter and the Renter's guests shall place all garbage and recycling in the designated containers and ensure that no garbage or recycling is left in or on the Property on the Departure Date, except in proper receptacles.  

  1. Pets etc.

The Renter shall not be permitted to bring any pets or animals on to the Property at any time.

  1. Indemnity

The Renter shall indemnify and save the Owner harmless from and against any liabilities or any loss or damage whatsoever arising from, related to or in connection with the Renter's rental of the Property including, but not limited to, any claim or liability for personal injury, including illness or death, or damage or loss of property which is made, incurred or sustained by the Renter or any of the Renter's guests at the Property or in connection with the use of the golf cart, if included with the Property, during the Rental Period.

  1. Cancellation Policy

The Owner and the Renter may terminate this Agreement for no fee within twenty-four (24) hours of the Confirmation of Booking.

After twenty-four (24) hours of the Confirmation of Booking, a cancellation fee will apply as follows:

  1. if cancellation is made before sixty-one (61) days of the Arrival Date, a cancellation fee in the amount of $200.00 will apply;
  2. if cancellation is made between sixty (60) days and thirty-one (31) days before the Arrival Date, a cancellation fee in the amount of $500.00 will apply.
  3. if cancellation is made within thirty (30) days of the Arrival Date, the Rental Price will not be refunded.

An applicable cancellation fee will be deducted from the Security Deposit at the time of the refund to the Renter.

The Renter may, subject to the availability, change the dates of the Rental Period for any other dates available for the Property (as shown on the calendar for the Property listing) without an additional fee as long as the change is made up to ten (10) days prior to the Arrival Date. The terms and conditions of this Agreement will apply to the Booking for the new Rental Period.

In the event the Property is materially damaged rendering it unfit for occupation prior to the Rental Period, as determined in the sole and absolute discretion of the Owner, this Agreement shall be null and void and all payments received by the Owner hereunder shall be refunded to the Renter.

If, during the Rental Period, as a result of the COVID-19 virus the Park or the beaches at the Park are required to close and the Renter is unable to reschedule a Booking, this Agreement will be cancelled and the Renter will be entitled receive a full refund of the Rental Price. The Owner shall not be liable for any damages of whatsoever nature arising out of the cancellation of this Agreement due to COVID-19 virus, as described herein.

  1. Termination by Owner

The Owner shall be entitled to terminate the Agreement if the Renter, or any of the Renter's guests, are in violation of any of the terms of the Agreement (including, without limitation, Park rules) or, in the sole opinion of the Owner, if the Renter or any of the Renter's guests' use of the Property is causing damage to the Property or creates a nuisance in any way.

  1. Renter Consents

The Renter consents to the Owner or the Owner's representative obtaining any information about the Renter as the Owner, in the Owner's sole discretion, may deem necessary at any time in connection with the Agreement, or matters arising therefrom or for the purpose of determining the Renter's whereabouts if, at any time during or after the expiration of the Rental Period, the Renter is or becomes indebted to the Owner for any amount owing pursuant to Renter's obligations under the Agreement.

The Renter further consents to the Owner or the Owner's representative taking any reasonable steps necessary to assess and confirm the Renter's identity for the purposes of the Agreement. For example, the Owner may (i) ask the Renter to provide identification or other information, (ii) undertake reasonable checks to help verify the Renter's identity or background, or (iii) screen the Renter against third-party databases or other sources.

  1. Number and Gender.

Words importing the singular number only shall include the plural and vice versa and words importing the masculine gender shall include the feminine and neuter genders and vice versa.

  1. Benefit and Binding.

This Agreement shall enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and permitted assigns of the parties hereto.

  1. Amendments and Waivers.

No amendment to this Agreement shall be valid or binding unless set forth in writing and duly executed by all of the parties hereto. No waiver of any breach of any provision of this Agreement shall be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided in the written waiver, shall be limited to the specific breach waived.

  1. Assignment.

The Owner may assign this Agreement upon five (5) business days' prior written notice to the Renter. The Renter may not assign this Agreement.

  1. Severability.

If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.

  1. Attornment.

The parties hereto attorn to the courts of the Province of Ontario and the courts competent to hear appeals therefrom.

  1. Applicable Law. 

This Agreement shall be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein.

  1. Independent Legal Advice.

The Renter acknowledges that prior to booking the Property, the Renter has been given an opportunity to obtain independent legal advice with respect to the terms herein and the Renter has obtained such advice or declined to seek such advice despite having been given the opportunity to do so.

  1. Notices. 

Any notices to be delivered hereunder shall be made through the means provided in the Portal.

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Signature Certificate
Document name: Rental Contract (TEST)
lock iconUnique Document ID: 4b3ab430f357eda30774e364d018bad8b031cc8b
Timestamp Audit
February 20, 2022 11:22 am ESTRental Contract (TEST) Uploaded by Dino Dini - contracts@ownertorentercottages.com IP 142.181.191.244