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Rental Agreement

1. General

The person or persons who provide payment on account of a booking hereafter referred to as the "Vacationer". The owner of the property are hereafter referred to as the "Property Owners." The renting party must be a minimum of 25 years of age at the time of booking

2. Contract

By completing the online "Request a Booking" form and making the deposit payment, the Vacationer understands and agrees that they are entering into a legal, binding contract between the Vacationer and the Property Owners. The issuance of written or electronic confirmation of payment to the Vacationer by the Property Owners shall complete a binding contract between the Vacationer and the Property Owners.

3. Limits of Liability

The Vacationer represent. warrants, acknowledges and agrees with the Property Owners that they wull use the cottage and its facilities in accordance with the terms and conditions of this agreement and the Household Rules and that they do so at their own risk and they they indemnify and save the Property Owners harmless from any claim made as a result of personal injury, sickness of death, loss or damage, however caused, to person or property or the Vacationer of their family, guests, visitors, servants and agents during of after the time of occupancy. Further, the Vacationer accepts full responsibility of the use of any recreational equipment and agrees to pay for any repairs to damage to or replace of sair equipment, if caused by the vacationer of any of their family, guests, visitors or agents.

4. Guarantee

The Vacationer accepts all liability for any damage beyond normal wear and tear during the term of the rental period; And, to pay an penalties listed in this agreement and household rules for failure to meet any of the terms and conditions listed there in.

5. Payment

5.1 Bookings shall be confirmed in writing by the Property Owners on payment of a deposit consisting of 50% of the reservation total. For rentals within 30 days, all fees are due at time of booking.

5.2 Receipt or automatic deposit of any funds prior  to the Property Owners' written confirmation of the reservation shall not constitutes acceptance of any booking.

5.3 The balance shall be payable 30 days prior to the commencement of the rental period.

6. Cancellation

Any cancellation by the Vacationer shall be in writing via email.  While all payments are non-refundable, on receipt of such notice of cancellation, the Property Owners shall endeavour to re-book the entire period of the original booking. If the Property Owners succeed in re-booking the rental period, 50% of the funds collected shall be refunded less credit card fees on the amount paid to date.  If the Property Owners are not successful in re-booking the rental period, all payments shall be forfeited to the Property Owners.

Note that credit card fees are not refundable as these fees are not refunded by Stripe when a credit card refund is processed.

COVID - 19 Extenuating Circumstances

If government restrictions due to COVID-19 preclude the booking from proceeding, the cancellation fee will be waived and the Vacationer will be issued a credit in the amount of 50% of the reservation total (equal to the deposit paoid at the time of booking), valid for use within 24 months from the start of the rental period. If payment has been made n full at the time restrictions are imposted, 50% of the total rental fee will be refunded if requested by the guest. Please note that credit card fees are non-refundable as these are no refunded by the credit card processing service when payments are refunded to our guests. Valid government restrictions include, but are no necessarily limited to, border of transportation restrictions precluding travel to the cottage by all guests on the booking form or the prohibition of short-term rentals by the Province of Prince Edward Island, of the Government of Canada

7. Number of Persons Using the Cottage

The persons present overnight and during the day on the property shall not differ from the guests listed on the online "Request a Reservation" form, without prior written authorization from the Property Owners. Only vehicles noted on the "Request a Reservation" form are permitted on the cottage property overnight. The maximum number of guests at Ye Olde Sailor is 6 guests.

7.1 Vacationers who contravene the maximum numbers of adults and children (Individuals 16 years old and olfer are considered adults) permitted at the cottage will be subject to immediate eviction without refund and/or penalties of $150.00 Canadian Dollars per day at the discretion of the Property Owners.

7.2 There will be no subletting of the cottage property permitted.

7.3 There shall be no camping, tenting or otherwise placing auxiliary accommodation facilities  on the property. 

8. Guest Health

All guests are responsible for ensuring they meet any travel. quarantine and health requirements as outline by the Government of PEI and the Government of Canada.

Persons who answer yes to any of the following questions within 14 days of the rental period are prohibited from entering the Property and should enter self-quarantine period at their primary residence:

Do you have any of the following symptoms: fever above 38*C or signs of fever (feeling hot or chills), a new or worsening cough, a sore throat, a runny nose, a headache, new onset fatigue, new onset muscle pain, diarrhea, loss of taste or loss of smell?

Have you had close contact with a confirmed or probable COVID-19 case?

Have you had close contact in the last 14 days with a person being tested for COVID-19?

Failure to observe this restriction puts the entire community at risk and may have signigicant health and economic implications for which you may be liable.

9. Access

The property Owners and/or the Property Owners' agents shall be allowed to access to the cottage at any reasonable time during any holiday occupancy .

10. Repair

The Vacationer shall keep the cottage and all furniture, fixtures, chattels, fittings and effects in or about the cottage in the same state of repair and condition as at the commencement of the holiday and shall leave the cottage in the same state of cleanliness and general order in which it was found. Failure to do so, to the satisfaction of the Property Owners, may result in damage/cleaning charge being levied.  The Vacationer shall not rearrange the furniture of fixtures in the house.

11. Other Conditions of the Booking

The Vacationer shall abode by the conditions of the booking and any other instructions contained in the Household Rules (listed below). All such conditions apply to guests visiting the property, whether day visitors or overnight. Any Vacationer who contravenes said conditions shall be subject to immeditate eviction without refund and/or a penalty of $150.00 CAD dollars per day at the discretion of the Property Owners.

12. Pets

Pets are only permitted at the Ye Olde Sailor property if they are indicated on the "Request a Reservation" form and pre-approved. We only allow mature, house trained dogs. Cats and other animals that are not dogs are not permitted. The Vacationer acknowledges that the Property Owners accept no liability for any pets and their actions. The Vacationer agrees to abide by all local bylaws and pay the Property Owners the total value of any damages caused by the pet. Any Vacationer who contravenes said conditions shall be subject to immediate eviction without refund and/or a penalty of $100.00 per day at the discretion of the Property Owners.

HOUSEHOLD RULES

1. Smoking

There is absolutely no smoking of any sort in the cottage or near open windows. All rentals will be subject to  eviction and a $250 cleaning charge if smoking of any kind happens in the cottage or around open doors or windows.  This includes vaping, hot knives, pipes, bongs, joints etc. 

2. Check-in and Check-out

Check-in is at 4:00 PM AST and check-out is 11:00 AM AST, respectively 

3. Outdoor Fires

Recreational "campfires" are only allowed with the fire table. Before lighting the table, please ensure there are no fire bans in place. You can check with the local Municipal office at (902) 853-2720 regarding fire regulations and restrictions.

4. Firework and other incediary devices

Fireworks cause fires.  The lighting of fireworks is absolutely FORBIDDEN at the cottage. Any renter caught lighting fireworks will be immediately evicted . Likewise, no other incendiary devices are allowed, this includes tiki torches and light fluid for campfires.

5. Waste Disposal 

All garbage must be taken to the container at the end of the driveway. Refer to instructions in the cottage welcome ook.  Any garbage left in the cottage will result in a $100.00 disposal charge. 

6. Bathroom / Septic System

The cottage operates on a septic system.  The septic system is a sensitive, and integral, part of the cottage life. The basic rule is do not put anything down the toilet other than natural waste and small amounts of toilet paper.  It is critical that nothing else be flushed down the toilet, especially baby wipes, wet wipes and tampons. We ask that if its just urine, to put the toilet paper in the waste basket.

7. Community Notes

Cottage communities have become very inter-dependent.  Everyone knows everyone else and keeps and eye on their property for them. Don't be surprised if someone asks who you are. Explain that you are a guest at Ye Olde Sailor. Your due consideration of our place in that community will be appreciated  - no loud parties or noise after 10:00 PM, and observe normal boating and water guidelines etc.

8. Linens and Cleaning

The blue beach towels located on the hot tub room are the only towels to be used for the beach. Towels in the bedrooms and bathrooms are for indoor use only.  The vacationer is required to leave the cottage in a tidy and clean condition of there will be a $125 cleaning charge.  Cleaning equipment and supplies are provided.  Renters are required to strip all the beds uses, place all used towels and beach towels in the hamper in the hot tub room and wash all dishes and kitchen equipment used.

9. Hot Tub

The Renter acknowledges and agrees to assume all risks associated with the use of the hot tub located on the premises. The Property Owners shall not be held liable for any injuries, illnesses, or deaths arising from or related to the use of the hot tub. The Renter agrees to release, indemnify, and hold harmless the Property Owners from any claims, demands, damages, liabilities, or expenses, including reasonable attorney fees, arising out of or in connection with the use of the hot tub.

The Renter further acknowledges and agrees to comply with all safety guidelines and instructions provided by the Property Owners regarding the use of the hot tub. The Renter shall be solely responsible for the supervision of any minors or guests using the hot tub and ensuring their safety.

The Renter agrees to use the hot tub at their own risk and to exercise caution, taking into consideration their own health condition, physical limitations, and the potential risks associated with hot tub use, including, but not limited to, slips, falls, drowning, or adverse reactions to heat or chemicals.

By renting, the Renter acknowledges that they have read, understood, and accepted the terms and conditions set forth in this Hot Tub Clause. The Renter acknowledges that they have had the opportunity to seek independent legal advice regarding the same, and they voluntarily and willingly assume all risks associated with the use of the hot tub.

The renter agrees that no food or drink shall be consumed while bathing inside the tub or on the sides of the tub. 

The renter agrees that they will not use the tub if they have diarrhea .

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