TERMS/CONDITIONS OF EACH MUSKOKA COTTAGE RENTAL

When we send you a Rental Application form for completion (see section 'How to Book'), we also send a copy of the following 'TERMS AND CONDITIONS OF RENTAL'. By signing the application form you are agreeing that you have read and accept the TERMS AND CONDITIONS OF RENTAL. Once the rental application has been accepted, a Rental Agreement between the cottage Owner and the Renter must be signed. Please be aware that once these agreements have been signed and a deposit is received, this is a binding contract. Therefore, you should read the text carefully and make sure you understand what you are signing. We have reprinted the text of the TERMS AND CONDITIONS OF THE RENTAL here in case you lose your printed copy. If you have questions on any of the content, please contact the Vacation Time Realty Ltd. office in Muskoka.

1. The following expressions shall have the following meanings:
a) "the Company" shall mean Vacation Time Realty Ltd., Brokerage
b) "the Owner" shall mean the owner of the Property offered for rent
c) "Property" shall mean any one of the properties detailed on the Company's website or supplementary lists and which is the subject of a rental to the Renter
d) "the Renter" shall mean any Renter or Renters with whom a booking of the Property is effected
e) "the Rent" shall mean the total rent payable for the whole period of a Rental for any Property
f) "Rental Agreement" shall mean the signed document binding the Owner and the Renter

2. The Renter understands that the Company works under an Agency Agreement with the Owner and has the authority to represent and bind the Owner. The company is only providing customer service to the Renter.

3. Although we have viewed the property, the Company gives no warranty as to the state of the Property and accepts no liability for any act, neglect or default on the part of the Owner or any other person or any loss, damage, expense, accident, injury or inconvenience, whether to person or property arising out of any Rental or any application therefore, or any written or oral statements made by or on behalf of the Company about the Property provided always that the Company shall give all information and make all statements in good faith and use it's best to endeavor to check, so far as it is reasonably able, all information given to the Renter.

4. Upon acceptance of the booking by the Company and the Owner, payment of the deposit by the Renter and the signing of the Rental Agreement by all parties, the Renter becomes liable for the balance of the Rent for the full period of the Rental and the rental becomes legal and binding.

5. The Renter shall pay for any booking of any Rental: a) immediately, a deposit of one third of the total Rent b) no later than four weeks before the commencement of the Rental, the balance of the Rent and any security deposit required by the Owner. Certified cheques may be requested for last minute bookings. The Renter understands that all the funds are held in the Company's Trust account which does not collect or pay interest.

6. Without prejudice to the provisions of Condition 3 the Company shall be entitled to treat the booking of any Renter as cancelled in the event that:
a) the Renter gives written notification of cancellation to the Company
b) the Renter fails to pay the balance of Rent by the time specified in 4(b) and in the event that the booking is so cancelled the Company may endeavour to rebook the Property for the period concerned or for such part thereof as may prove possible. If the Property cannot be rebooked at all then all monies paid by the Renter will be forfeited. If rebooking for the full period can be arranged the Company will refund all monies paid less a handling charge. If only a portion of the period can be rebooked the Company will refund a proportional amount of all monies paid less a handling charge.

7. The Renter undertakes:
a) that the number of people occupying the Property shall not exceed the number stated in the rental application form that was submitted and accepted.
b) to be responsible for any damages including the amount above and beyond the security deposit paid, caused by myselfor anyone in my party and to keep the Property and all furniture, fixtures, fittings and effects in or about the Property in the same state of repair and condition as the same are in at the commencement of the Rental
c) to replace any part of the Property or the furniture, fixtures, fittings and effects damaged or destroyed with similar articles of at least equal value or if the Owner requires, pay to the Owner the value of such part of the Property destroyed or damaged
d) to vacate the Property at the end of the Rental and to leave same in a clean and tidy condition
e) to report to the Company immediately details of any damage done to the Property or any of the furniture, fixtures, fittings and effects either upon arrival or damages made during your stay
f) to charge all long distance telephone calls to either a credit card or another number
g) that any contact with the owner will not be for private rental purposes, this clause (g) will extend for one year from the rental date and if a private arrangement does occur the renter agrees to pay the Company a fee equal to the commission of the said cottage

8. Upon the start of each rental, the Company must remit the rent to the Owner and cannot refund any rent. Should the Renter have any cause for complaint in relation to the Property he must immediately advise the Company and the Property Owner. The Company does not undertake to carry out an investigation of any such complaint unless there is reasonable time for such an investigation to take place before the end of the period of the Rental.

9. The Company, on behalf of the Owner, shall be entitled to collect from the Renter a returnable deposit as security for the observance by the Renter of his undertaking and of the conditions of the Rental. The Company will endeavor to mediate any claims or refund between the Renter and the Owner. Should notification of a legal dispute arise, the security deposit will be held by the Company until both parties have resolved the dispute. The Renter understands and accepts that the security deposit is held in Trust by the Company for the Owner and should the Owner request the release of all or a portion of the security deposit, the Company is under an obligation to release the amount requested. The Renter shall not hold the Company legally responsible for the release of the security deposit or for the refund of any rents of for any legal action taken against the Renter by the Owner. Any further complaints or action shall be made to the cottage Owner. The security deposit may be used to pay for any long distance telephone calls made during the period of the Rental and/or utility costs where this is a condition of the Rental. Security deposit sent back to the Renter and not cashed or claimed by the Renter after 2 years will be dispursed at the discretion of the Company.

10. The Owner, his representative and/or personnel from the Company, shall be allowed access to the Property at any reasonable time during the Rental and reasonable notice will be given if possible.

11. The Renter agrees to abide by any reasonable household rules posted by the Owner at the Property. If the Renter's standard of behaviour is such that it leads to complaints, the Renter agrees to forfeit his Rental and the balance of the Rent and to vacate the Property forthwith.

12. It is intended by this Agreement that the Renter shall obtain his own insurance coverage for all risks associated with his, his family's and guests' use of the premises rather than relying upon the Owner, the Owner's servants or Agents or any insurer thereof. The amount of the Rental is based upon assumption of responsibility by the Renter, who executes this Agreement on behalf of himself, his family and his guests and acknowledges that there are inherent and different risks in a cottage property than a usual residence and assumes those risks and the responsibility therefor.