Leaving Hostaway because of their booking fee?

Legal Agreement for Canada

Bransley
Oct 20, 2024 1:07 PM
Joined Sep, 2024 1 post

Hi all,

New to OwnerRez - I have my rental connected to AirBnb, VRBO, Booking.com via OwnerRez.  I want to use the default OR renter agreement but this agreement been made for the US and specific states. 

Is anyone using a modified version of the same agreement in Canada with success?  If so, do you have a modified version of the template I could start from? 

OwnerRez, do you have Canadian agreement?

Thank you

Bransley

Bri
Oct 23, 2024 11:12 AM
OR Team Member Joined Mar, 2022 110 posts

Hey Bransley,

The default Agreement OR provides is fairly universal, but we understand that there's no "one size fits all" here. You are more than welcome to make changes to that default Agreement as you see fit, or upload an Agreement of your own!

Of course, we always recommend running changes to your Agreements by your trusted legal advisors.

Jennifer W
Oct 25, 2024 8:40 AM
Joined Oct, 2019 54 posts

Hi Bransley 
Here's the one I use for cottages with a hottub/pool and Pet waiver

 

This contract signed 

by Jennifer Whaling CottageStays Inc.   

{MYEMAIL} {MYPHONE}(the “Agent)

 

 

and (Cottage Renter - hereafter Cottage Guest) {CFULL}

Cottage guest's contact information: {CADDRPRIMES}

(email) {CEMAILPRIME}  (cell Phone) {CPHONE}

  1.  CottageStays rents to responsible parties 25 years, or older. A valid Driver’s License, or other acceptable photo identification is required prior to arrival. CottageStays reserves the right to refuse service. 
  2. The cottage {PPUBNAME} is located at {PADDRS}
  3. The term of this cottage rental shall be from {BARR} to {BDEP} {BNNGHTS} nights  
  4. A security deposit of $500 is due 10 days before arrival and will be returned in full within 14 days of Checkout 
    {PCANPOL}
    The cottage guest will not be refunded for a late arrival or early departure.
  5. If the Cottage Owner is struck by disaster prior to occupancy, then all contracts will be NULL and VOID. In the highly unlikely event that the Cottage Owner shall be unable to provide the cottage for occupancy CottageStays shall refund, in full, to the Guest all monies paid to CottageStays.
  6. Maximum Occupancy: The maximum number of guests is limited to  {PMAXGUESTS}persons. Violation will result in removal without refund. Parties and large gatherings of any kind are strictly prohibited. Expected number of Adults: {BNADULT} and children: {BNCHILD}
    For legal purposes, the person placing the reservation must occupy the property. This person is considered to be the Guest. All other persons involved with the rental are considered to be the Guest's invitees, and all discussion regarding reservation, cancellation, and damage policies will be discussed with the Guest, not the guest's invitees.Please list first/last names of all persons who will occupy the property. Anyone who occupies the property who is not listed, will be trespassing (which is a criminal offence). Parties are not allowed!{BXGUESTOCCUPANTS} The following dog is welcome: Name, Breed, Colour {BXDOGNAME} {BXDOGBREED}
  7. Uninvited Pets: Cottages are often visited by mice, squirrels, etc, and insects that fly such as black flies, mosquitoes and crawling insects such as ants and spiders. These creatures are a part of nature. Much care and effort has been taken to prevent these visitors from entering the Cottage. Often mother nature circumvents all man-made obstacles. Therefore the Cottage Owner does not accept such irritations as grounds for cancellation of a rental and/or a refund of monies.
  8. Amenities: While we do our best to ensure all amenities advertised for the rental unit, (such as but not limited to WiFi, satellite/cable, hot tubs and saunas) are in working order during your stay, we cannot guarantee them. The failure of WIFI/satellite/cable, mechanical, electrical or electronic equipment or items that take place during your stay will not void or alter this Agreement. We will do everything they can, within reason, to correct and restore reported conditions or such problems, as soon as possible. Any issues presented after check-out cannot be remedied, and are not cause for compensation to customer.
  9. The cottage guest shall assume responsibility for any willful or negligent damages to the cottage and its premises. This is why it is so important that you report any damage to the Property upon arrival or occurrence
  10. The cottage guest should not attempt repairs and should contact the cottage owner as soon as possible to make emergency repairs.
  11. The cottage owner requires that the cottage renter have liability insurance. By signing below you acknowledge that you have the required insurance. The Owner DOES NOT provide insurance covering loss to any of the Guest’s belongings. It is the responsibility of the Guest to make sure all valuable and personal items are removed upon checking-out of the property. Agent and Owner are not responsible for any items left behind in the Property.
  12. NON-DISPARAGEMENT: Guest and attendees agree not to disparage the company, cottage or owner. Guest agrees to address any problems, either before or after the rental, directly with the company rather than by making disparaging
    or negative statements (blog posts, reviews, etc.) about the company, house or owner, online or otherwise. Any guest who does, under their own name, a pseudonym, anonymously or by any other means, disparage the company,
    house or owner will be held financially responsible for any damages done to the owner's business or reputation. 
  13. Smoking IS NOT permitted inside the cottage. 
  14. QUIET TIMES: Guest and all tenants agree to observe quiet time from 9pm to 8:00am, not limited too but to include any loud music, shouting, or other actions that would violate the noise ordinances or upset neighbors
  15. PARKING: Parking is limited to {PXVEHICLES} vehicles. Vehicles are to be parked in designated parking areas only
  16. If Guest fails to comply with local by-laws or directions from the Agent and complaints are lodged due, but not limited, to over-occupancy, noise, parking, garbage, open-burning fires, and fines are imposed by local authorities, the Guest will be charged the fine amount and shall be liable for fines issued against the owner and any and all loss of revenue due to the Owner's license being revoked.  In addition, the Agent reserves the right, at The Agent’s sole discretion, to evict the Guest from the property and no monies will be refunded.
  17. Access:  Guest shall allow Homeowner or the Agent access to the property for purposes of repair and inspection.  Homeowner and the Agent shall exercise this right of access in a reasonable manner
  18. Please note this cottage may be equipped with a door camera, temperature/noise monitoring device.



  1.  

    Waiver of Release for Use of Pool and/or Hot Tub

    Welcome to our cottage! We are delighted to have you here and hope you enjoy your stay. To ensure the safety and enjoyment of all guests, please read and agree to the following guidelines for using the hot tub and/or pool.

    Use of Hot Tub and Pool:

    Safety First: Please exercise extreme caution and care when using the hot tub and/or pool. Safety is our top priority, and we want everyone to have a safe and enjoyable experience.

    Cleanliness: All guests must shower and/or clean their feet before entering the hot tub or pool. This helps maintain the water quality for everyone.

    Prohibited Items: To keep the water clean and safe, please do not use any oils, bubble bath, soaps, or other harmful substances in the hot tub or pool. Additionally, no glass products are allowed in the pool area. Water Quality: Our hot tub and pool are inspected, chemicals adjusted, and refilled seasonally. It is normal to see white particles in the water, which is the bromine sanitizing. Charges for Violations: If any prohibited items (soaps, bath products, food, alcohol, etc.) are found in the hot tub, a cleaning fee of $75 will be charged. Damage to the hot tub cover will result in a $400 charge. The cover should remain on the hot tub when not in use. Behavior: No horseplay is allowed in the hot tub. Do not sit on, jump on, or misuse the hot tub cover in any manner.

     

    Liability:

    By using the hot tub and/or pool, you agree to the following:

    • You will defend, indemnify, and hold harmless CottageStays, its owners, and employees from any and all claims, damages, liabilities, or losses arising out of or in any way associated with your use of the hot tub and/or pool, including but not limited to death, personal injury, or property damage.
    • You acknowledge that you use the hot tub and/or pool at your own risk and that CottageStays is not responsible for any injuries or damages that may occur.
  2.  

    Pet Addendum

    We understand that pets are part of the family, and we're happy to welcome your furry friend to our cottage. To ensure a pleasant stay for everyone, please read and agree to the following guidelines for bringing your pet.

    Pet Information:

    Name, Breed, and Color: {BXDOGNAME}

     

    Guidelines for Pet Stay:

    1. Comfort and Familiarity: Traveling and staying in unfamiliar places can be a scary experience for your pet. Try to pack a few familiar items such as a blanket from home and even your pet’s food dishes and water bowls. Extra toys are a great idea to include plenty of distractions because it also stops dogs from chewing on furniture. These items can really help ease their anxiety in a new environment. The more you can help make a new place feel like “home,” the more relaxed your pet will be.

    2. Leash Requirement: Pets must be leashed at all times when outside to ensure their safety and the safety of others.

    3. Clean Up: Guests are responsible for cleaning up any pet refuse. If any refuse is found on the property, an additional $150 will be deducted from your security deposit. Please check the property for all refuse before you leave.

    4. Furniture Policy: Pets are not allowed on furniture at any time. Any evidence of pets on furniture may incur extra cleaning fees.

    5. Flea and Tick Prevention: All pets must be treated with a topical flea and tick repellent prior to arrival. Fleas and ticks are prevalent in the area, and this helps protect your pet and the property.

    6. Damage Responsibility: Pets must not cause damage to the premises or furnishings. If damages occur, please inform us as soon as possible so we can work together to find a reasonably priced solution and arrange for a replacement before the next guests arrive.

    7. Noise Control: Guests should prevent pets from producing excessive noise that disturbs neighbors.

    8. Supervision: Pets should not be left unattended either indoors or outside at any time, including on the patio, yard, or porch.

    9. Liability Disclaimer: The homeowner assumes no responsibility for illness or injury that may incur to pets or humans while on the premises.

    The guest {CFULL} shall be solely responsible for the pet while on the property and hereby agrees to comply with the guidelines outlined above.