PLEASE READ THESE CONDITIONS CAREFULLY. WHEN YOU MAKE A RESERVATION, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT THE TERMS OF WHICH ARE SET OUT IN THESE CONDITIONS.
1 – The contract is referring to booking any of the properties owned or managed by Warblers at Trinity
The contract for a short-term holiday rental will be between Warblers at Trinity (referred to as "us" or "we") and the person making the booking and all members of the booking party (referred to as "you" or "your") in the following booking conditions, the law of the applicable Canadian province will govern the Contract. The contract of hire is not effective until we have received the deposit. The contract will be subject to these booking conditions and must be complied with. The party leader must be at least 18 years of age at the time of the booking, and the booking form must list names, addresses and ages of your party.
2 – Duration and Times of Rental
Unless agreed to in advance, you should not arrive before 4pm on the commencement date and leave by 10am on the day of departure. Failure to do so will result in you being charged a further day's rental. You must not use the property except for the purpose of a holiday during the holiday period, and not for any other purpose or longer period. The agreement to stay in the property for the holiday period does not create the relationship of Landlord and Tenant between the parties. You shall not be entitled to a new tenancy or to any statutory protection under the Residential Tenancies Act or other statutory security of tenure now or at the end of the Holiday Period.
3 – Booking Procedure
Whilst we are prepared to consider requests for reservations of the properties, the confirmation of a reservation shall not render us liable in the event that the property is unavailable for occupation (during the period reserved) and no contract will arise between us and you otherwise than in accordance with the following provisions of these terms and conditions until the deposit has been received. The deposit will be requested and the payment terms will be broken down, subsequent payments will be auto requested in line with the payment schedule.
4– Acceptance of an Application
The contract between us and you for the use of the property shall arise upon you receiving a confirmation e-mail confirming that the deposit payment has been received, and confirmation from you of all guests using the property during your booking.
5 – Payment
The full amount of the payment for the fee for the use shall be paid on the "due date" or due dates if the booking has an agreement to pay in instalments.
GST/HST may be applicable to the rental charge of the property depending on provincial requirements. This will be clearly delineated in the booking confirmation/invoice.
5A – 24-Hour Changed Your Mind Period
For direct bookings, you may change your mind within 24 hours of purchase without penalty. You will receive a full refund if you cancel within this 24-hour period.
6 – Failure to pay
Non-payment of the sum payable by the due date may be treated as a cancellation of your booking and we will be entitled to re-rent the property without reference to the client. The terms as to payment in clause 8 thereafter apply.
7– Cancellation
ALL APPLICANTS ARE ADVISED TO TAKE OUT PERSONAL CANCELLATION INSURANCE. All deposits and payments made after the 24-hour Changed Your Mind Period are NON-REFUNDABLE. Any request to cancel a booking must be made in writing to us. You shall remain liable for all the payments due in respect of the reservation whether they have been paid at the time of the cancellation. We will use our reasonable endeavours to re-let the property in respect of the cancellation period. If we are successful, you will be refunded the difference between moneys you have paid less the sums receivable from the re-letting after deduction of all costs and expenses incurred by us which shall include an administration fee of $25 in respect of each day that the property was reserved by you.
7A – Special Promotions
All bookings made under special promotions are NON-REFUNDABLE, and full payment is required at the time of booking. These bookings are non-transferable. Promotions cannot be combined with other promotions or discounts.
8– Changes to bookings
We will consider any request to change dates after confirmation has been issued. We reserve the right to charge an administration fee of $25 in the event a change of booking is made.
9 – Occupancy and Use of Property
Unless agreed to in advance, under no circumstances may more than the maximum number of persons stated in the listing occupy the property.
We reserve the right to refuse admittance if this condition is not observed. Any persons other than members of your party must not use the facilities of your booked property, unless prior written consent has been obtained by us.
To exceed the maximum number of persons in the properties overloads the facilities available which are not designed or capable of supporting additional usage and can lead to extensive and expensive damage. As such any overoccupancy is considered to be a serious infringement of the Terms and Conditions and can result in an immediate requirement to vacate the premises, with no refund of monies due.
10– Care of the Property
You are responsible for the property and are expected to take all reasonable care of its furniture, pictures, fittings, and effects, in or on the property. You must leave them in the same state of repair, and in the same clean and tidy condition at the end of the rental period as at the beginning. You must not use the properties for any dangerous, offensive, noxious, noisy, immoral activities or carry on there any act that may be a nuisance or annoyance to the owner or other neighbouring properties. We request noise to be kept to a minimum between the hours of 10pm and 7am. Smoking is not allowed in any of the properties or in any communal areas.
11 – Damages and Damage Deposit
Bookings of our properties require a security/damage deposit of $1,500.00. This amount will be collected from your payment card three days before your arrival date. The deposit ensures that the house is left in the same condition as it was found, undamaged, and in a tidy state. The amount will be automatically refunded within 24 hours of your departure, providing the property is left clean and tidy, that there have been no breakages, extra cleaning required, or any extra people found to be staying at the property. In the event that you or anyone staying at the property during your reservation period causes damage or incurs a need for professional cleaning services or leaves the property without settling invoices for additional services or supplies received during your reservation period you will be notified of the details of any extra costs incurred within 14 working days after the end of the reservation period and this amount shall be deducted from the Damage Deposit or payment will be required by you.
12 – Liability
This condition sets out our entire financial liability to you in respect of any breach of this agreement; any use made by you or any third party residing or making use of the property during your period of reservation and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement. Nothing in this agreement limits or excludes the liability of us for death or personal injury resulting from negligence or liability incurred by you as a result of fraud or fraudulent misrepresentation by us. We shall not be liable for loss of profits; loss of business; loss of anticipated savings; loss of personal property or possessions; loss of use of the property or any special, indirect, consequential, or pure economic loss, costs, damages, charges or expenses in respect of the reservation.
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the conditions of this agreement shall be limited to the monies paid in respect of your reservation under the conditions of this agreement. Any vehicle of yours or any third-party making use of the property during the period of your reservation is left at the property entirely at the risk of the owner of the vehicle.
13 – Force Majeure
In these terms and conditions "Force Majeure" means any circumstances beyond our reasonable control including, without limitation, an Act of God, Fire, Flood, War or Acts of Terrorism. If by reason of Force Majeure the property is not available at the commencement of the time booked by you or the property is unsuitable for letting at that time, we shall not be deemed to be in breach of contract but shall refund in full to you all fees, charges and any deposit paid in advance by you. We will not be liable for any other claim for loss or damage by you.
14 – General
These terms and the contract between you and us shall be subject to and interpreted in accordance with the law of the applicable Canadian province and the courts of that province shall have exclusive jurisdiction to hear any claim arising from such contract. (c) Words herein denoting the masculine gender shall, where the context so admits be taken to include the feminine and neuter genders and vice versa. (d) Words herein denoting the singular shall, where the context so admits be taken to include the plural and vice versa.
WE REQUIRE THAT OUR GUESTS ADHERE TO THE FOLLOWING CONDITIONS WHICH SHOULD BE READ IN CONJUNCTION WITH AND FORM PART OF THE BOOKING CONDITIONS.
To behave in such a manner as not to disrupt the enjoyment of other people staying in the near vicinity or prejudice the reputation of the owner of the property. Your guests or that of any third party residing or making use of the property during the period of your reservation in breach of this clause may be terminated immediately and without Compensation or any further obligation. Any damage to facilities arising out of misuse or as a result of negligence and/or failure to follow the instructions herein will be chargeable to you.
15– Security and Privacy
Warblers at Trinity will ensure that:
16 – Disclaimer
On booking with Warblers at Trinity, you agree to adhere to the above Terms and Conditions as laid out in article 1 – 17 of this booking contract.
The agreement is governed by Canadian law.
