RENTAL AGREEMENT
This Vacation Rental Agreement is made between 4318400 Nova Scotia Ltd, “Lochaber Lake Lodges”, (Owner) and you the “Guest” as of the date last set forth on the reservation agreement made with the Booking Platform (AirBnB, Lodgify, VRBO, Expedia, etc.). For good and valuable consideration, the sufficiency of which is acknowledged, the parties hereby agree as follows:
1. PROPERTY
The vacation rental property is located at civic addresses 501 or 832 West Side Lochaber Road, Antigonish County, Nova Scotia, Canada, B2G 2L3. The Vacation Rental Agreement includes access to the rental home, hot tub, pool (as applicable), beach, watercraft, and grounds but not the on-site storage shed or garage.
2. MAXIMUM OCCUPANCY
The maximum number of guests is limited to 6 persons.
3. TERM OF THE LEASE
The vacation rental lease begins at 4pm on the Check-in Date and ends at 11am on the "Check-out Date". Failure to adhere to the check-out time may result in an additional late fee set at $200 unless requested in advance.
4. MINIMUM STAY
This property requires a 2 night minimum stay unless otherwise agreed in writing or through the Booking Platform. Longer minimum stays are required during summer and holiday periods.
5. RENTAL RULES
Guest agrees to abide by the House Rules (attached to this agreement) at all times while at the property, and shall cause all members of the rental party and anyone else Guest permits on the property to abide by the Rental Rules at all times while residing at, or visiting, the property.
6. ACCESS
Guest shall allow Homeowner access to the property for the purposes of repair, inspection or emergency. Homeowner shall exercise this right of access in a reasonable manner by giving at least 4 hours notice (unless in case of emergency).
Guest acknowledges that it may be necessary (due to weather) for the Homeowner or their staff to conduct light landscaping (such as lawn mowing) and pool maintenance while the Guest is occupying the property. The Homeowner will make reasonable efforts to perform such activities when the Guest will not be significantly disturbed or inconvenienced.
7. WILDLIFE AWARENESS
Guest acknowledges that the property is in a rural area and as such may experience the presence of wildlife including deer, rabbits, squirrels, chipmunks, birds, porcupines, garden snakes and in extremely unlikely cases coyotes and black bears. Guest is also aware that they will also experience seasonal insects including blackflies, mosquitoes, deer flies, horse flies, ticks, spiders, etc.
8. RENTAL RATE AND FEES
a. DAMAGE DEPOSIT: A Deposit of a minimum of $500 may be due at least 7 days prior to the Check-in Date depending on the policy of the booking platform used to make the reservation.
b. The Damage Deposit is for security purposes and will be refunded within 7 days of the Check-out Date, provided no deductions are made due to:
i. damage caused to the property or furnishings;
ii. dirt or other mess requiring excessive cleaning;
iii. charges levied due to failure to abide by house rules;
iv. any other unreasonable cost incurred by Homeowner due to Guest's stay.
c. RENTAL DEPOSIT: A Rental Deposit of 50% of the Rental Rate (calculated below) is required at time of booking, or as otherwise specified by the Booking Platform.
d. RENTAL RATE: Payment in full of rental fees shall be due within 7 days of the check-in Date.
9. CANCELLATION POLICY
a. If Guest wishes to cancel the reservation, the Rental Deposit will be refunded based on the cancellation policy of the Booking Platform, or if made direct, as follows: 100% of paid prepayments are refundable when canceled 60 days before arrival or earlier. 50% of paid prepayments are refundable when cancelled 30 days before arrival or earlier. 0% is refundable if cancellation occurs with less than 30 days notice.
b. The Owner is entitled to cancel the Guest stay without refund or return of damage deposit if house rules are broken during the rental period.
10. INSURANCE
We encourage all renters to purchase traveler insurance in case of unforeseen circumstances, accidents or other issues that may prohibit Guest from traveling or fulfilling rental terms.
11. PAYMENT
All payments must be processed on the Rental Platform or www.lochaberlakelodges.com.
The parties agree to the terms of this Vacation Rental Agreement, as evidenced by the renter’s agreement to the booking through the Rental Platform.
12. Release & Waiver of Liability & Indemnity Agreement
IN CONSIDERATION for being permitted to enter the property for vacation rental or any other purpose the Guest, for themselves, other guests, and invitees, acknowledge, agree, and represent that they have or will immediately upon entering, and will continuously thereafter, thoroughly inspect the property for safety. Their continued presence constitutes an acknowledgement that they have inspected house, deck and entire property and finds and accepts such areas as being safe and reasonably suited for their use, and they further agree and warrant that if, at any time, they feel anything to be unsafe, they and all guests will immediately leave the area and advise appropriate persons.
THE GUEST hereby RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Lochaber Lake Lodges (4318400 Nova Scotia Ltd.) personally or as company or corporate representatives, their members, managers, operators, officials, officers, directors, employees, owners and lessees of the premises, all for the purposes herein referred to as "releasees", from all liability to the undersigned, guests, representatives, assigns, heirs and next of kin for any and all loss or damage, and any claim or demand thereof on account of INJURY to the person(s) or property or resulting in DEATH of the guests, whether caused by negligence of the releasees or otherwise while in or upon the area.
THE GUEST hereby AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them from any loss, liability, damage, or cost they may occur due to their presence in or upon the area and whether caused by the negligence of the releasees or otherwise.
WARNING: Use of all amenities, including but not limited to kayaks, dock, lake, pool, hot tub, fire pit, and fireplace carry risk that may result in serious injury or death. Unsupervised use by children is prohibited. All persons must wear personal floatation devices when in or around the lake. Never use a canoe, kayak, dock, lake, pool, hot tub, fire pit, or fireplace, while under the influence of drugs or alcohol. Follow all house rules when using amenities.
THE GUEST hereby ASSUMES FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence of the releasees or otherwise while in or upon area.
THE GUEST certifies that they, guests and invitees, have adequate insurance to cover any injury, illness or damage that may be caused or suffered while in or upon area, or else agrees to bear the costs of such damage or injury. The undersigned further represents that they have no medical conditions which would interfere with use of hot tub, swimming, canoeing, hiking, climbing stairs, etc. or else they assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition and expressly acknowledges such physical activities are dangerous and involve the risk of serious injury and/or death and/or property damage. The undersigned further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by law and that if any provision is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Lochaber Lake Lodges reserves the right to change these Terms and House Rules at any time, at its sole discretion, without notice. We therefore strongly recommend checking the Terms and House Rules found on our website on a regular basis.
THE GUEST HAS READ, UNDERSTANDS THE RISKS, AND VOLUNTARILY AGREES TO THE RELEASE AND WAIVER OF LIABILTY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.
HOUSE RULES – LOCHABER LAKE LODGES
1. INTRODUCTION
a. Complying with these House Rules at Lochaber Lake Lodges, (herein known as "the Property") is a requirement of the vacation rental agreement.
b. Failure to adhere to the below House Rules may result in penalties such as deductions from the security deposit.
2. GENERAL CONDITIONS
a. All Guests (and any Visitors) must comply with all House Rules and any other instructions from the Property Manager during their stay; and
b. Guests must notify the Property Manager of any disputes or complaints from neighbors as soon as reasonably practicable.
3. NOISE AND THE NEIGHBORHOOD
a. Guests and Visitors must keep noise to a minimum as not to disturb the occupants of neighboring properties – especially during nighttime hours (e.g. Midnight to 8am), and upon arrival and
departure; and
b. Guests shall not generate, or cause or permit to be generated, a noise or sound that is measurable in A-weighted sound pressure level at a point of reception at or in excess of 70 dBA. Doing so may result in immediate termination of the rental agreement, eviction, loss of rental paid and extra charges which may be deducted from the Security Deposit.
4. VISITORS
a. Guests are allowed a maximum of 6 Visitors at any time during their stay;
b. Guests are responsible for ensuring maximum visitor numbers are not exceeded; and that visitors are compliant with these House Rules; and
c. Any additional overnight Visitors must be approved in advance during the booking process and are subject to an additional fee as noted in the price.
5. FUNCTIONS
a. Parties and large gatherings of any kind are strictly prohibited at the Property; and
b. Any small gathering must comply with rules regarding Noise, the Neighborhood and Visitor numbers.
6. PARKING
a. Guests and any Visitors are to comply with parking regulations and other requirements set out below and show consideration to neighbors and other vehicles;
b. Parking is only permitted on the provided gravel parking lots. and There is to be no parking on any grassed or wooded area of the Property;
c. Tents, Campers, Camping Trailers, and Recreational Vehicles may not be used anywhere on the property; and
d. Parking is not to block the access to the garage door or neighboring driveway at Lakeview Cottage (501 West Side Lochaber).
7. GARBAGE AND RECYCLING
a. All garbage must be separated according to Nova Scotia and Antigonish County's strict recycling rules. You are required to separate your recyclables, organic compostable food materials and general garbage using the bins and bags provided. More instructions are found here. Failure to separate waste will result in an deduction of $30 from your damage deposit; and
b. All garbage must be bagged and placed in the provided and labeled trash cans, and excess garbage must not be left in public or common areas.
8. SECURITY
a. Any time Guests leave the Property, it is their responsibility to ensure all windows and doors are closed/locked to maintain security and prevent rain and water damage; and
b. Guests must switch off lights, air conditioning, fans, electronics such as televisions when not in use to promote energy saving. It is not permitted to leave the air conditioning on when Guests are absent
from the Property.
9. HOT TUB / SWIMMING POOL
a. The pool provided at Lakeview Cottage (501 West Side Lochaber) is for the exclusive guests of that unit.
b. Hot tubs are not a bathtub or a pool. Guests must shower with soap and water before use of the pool or hot tub. Limit to your soak in the hot-tub to 15 minutes at a time. A cleaning fee of $300 will be applied if guests use bath oils/salts/soaps/ bombs, or excessive use results in cloudiness;
c. For safety reasons, it is not permitted to use any glassware in or around the hot tub or pool;
d. Use of the hot tub / pool is at the tenants/guests own risk;
d. Children under 12 are not allowed at the hot tub or pool unsupervised. An adult must be present at all times;
e. Guests and Visitors must practice reasonable caution when using the hot tub or pool;
f. Landlord is in no way responsible for injuries incurred by guests or visitors while using the hot tub or pool;
g. Hot tub / pool is not guaranteed to sustain any constant temperature due to weather and other natural causes;
h. Landlord is not responsible for any loss of use that may result from weather, maintenance or any other circumstance that might deem the hot tub or pool temporarily unusable;
i. All necessary maintenance/repairs to the hot tub or pool will be the responsibility of the Landlord, except when such repairs are due to negligence or misuse by the Guest or their Visitors;
j. Tenant will be held responsible for any damage caused to the hot tub or pool, cleaners, equipment or surrounding area and charged for the correction of the problem; and
k. If these hot tub and pool rules are broken, the landlord at any time can remove hot tub or pool use privileges.
10. SMOKING
a. Smoking is not permitted inside the Property and an additional cleaning fee of $300 will be deducted from the damage deposit if smoking occurs within the property; and
b. Cigarette butts must be disposed of properly and not thrown/left on property grounds.
11. PETS
a. Pets are permitted inside the Property within the restrictions listed in this section;
b. No more than two pets are permitted;
c. The only permitted pets are dogs and cats, which each weigh no more than 35 kilograms / 77 pounds;
d. Guests / Visitors must pick up their pets feces. An additional cleaning fee of $200 will be deducted from the damage deposit for failing to pickup after pets; and
e. Pets must be on leash at all times when on the property and when walking in the neighborhood.
12. BARBECUE / FIRE PITS
a. A propane barbecue is provided for your use. It is to be always used outdoors and cleaned after use. If additional propane is required contact the Property Manager;
b. Homesteader Lodge includes a propane firepit in the gazebo , and is for enjoyment / ambiance purposes. It is not a cooking appliance and should not be used for roasting marshmallows, etc. It is not to be relocated from the porch; and
c. All properties include Campfires pits and their use is subject to the following rules:
i. From 15 March to 15 October, campfires are not allowed between 8:00 am and 2:00 pm;
ii. Guests are responsible to check provincial burning restrictions which are updated at 2:00 pm daily. Guests must check the daily fire restrictions at novascotia.ca/burnsafe or 1-855-564-2876. Starting 16 May 2024, the fine for violating daily burn restrictions is $25,000. Any fine will be the responsibility of the guest.
iii. Guests are warned that at least two employees of the Department of Natural Resources live within the area and routinely fine cottagers.
iv. Guests are responsible to provide their own campfire wood;
v. The use of gasoline/BBQ lighter fluid/accelerant to start fires is prohibited;
vi. Burning of trash is prohibited; and
vii. All fires must remain within the confines of the provided campfire pit.
13. USE OF KAYAKS / WATERCRAFT
a. The Owner provides kayaks/WATERCRAFT, paddles and personal floatation devices (PFDs) for guest/VISITOR use AT THEIR OWN RISK. GUESTS/VISITORS FULLY ACCEPT AND FULLY ASSUME LIABILITY FOR ALL RISKS, DANGERS, AND HAZARDS FROM THE USE OF THE PROVIDED EQUIPMENT AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM;
b. BY USING THE EQUIPMENT GUESTS/VISITORS WAIVE ANY AND ALL CLAIMS against the OWNERS AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS AND RELEASE THE OWNERS from any and all liability for any loss, damage, expense or injury, including death, that the guest(S)/VISITOR(S) may suffer or that the guest/VISITOR next of kin may suffer, as a result of participation in kayaking or the use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment;
c. A limited amount of equipment is available for sharing among all renters on site, and is available on a first-come, first served basis. Guests should make reservations for equipment by signing it out on the reservation board and are requested to limit their use to two hour blocks at any one time. There is no guarantee that PFDs will match guest sizes or that there will be sufficient PFDs available on site. Guests are encouraged to bring their own PFDs (especially for children);
d. Guests are to wear Transport Canada approved PFDs at all times while using provided kayaks/watercraft. Each kayak is equipped with a buoyant heaving line, a bailer and a whistle to comply with transport Canada regulations. It is the responsibility of the guest to ensure these items are in the kayak/watercraft when on the water;
e. Kayaks/watercraft are not to be removed from the vicinity of the Property or otherwise transported to or used in any other location than Lochaber Lake; and
f. Kayaks/watercraft and associated equipment are to be returned clean to the storage racks provided following use.
14. WILDLIFE
a. You are renting a property in a rural part of Nova Scotia and will experience the presence of wildlife including deer, rabbits, squirrels, chipmunks, birds, porcupines, garden snakes and in extremely unlikely cases coyotes and black bears. You will also experience seasonal insects including blackflies, mosquitoes, deer flies, horse flies, ticks, spiders, etc.
b. Guests are not to feed the wildlife, as this will attract them to the property where they will become a nuisance, and dependent on humans.
15. DAMAGE AND BREAKAGE
a. All Damages and Breakages must be reported to the Property Manager as soon as reasonably possible. Failure to report them will result in a penalty deduction from the security deposit;
b. To avoid Damages and Breakage, no furniture is to be moved from one room to another without prior agreement; and
c. No bathroom towels are to be removed from the property (i.e. for beach use). Separate beach towels are provided for this purpose.
16. CHECK OUT ARRANGEMENTS
a. Before departure, guests are to clean up after themselves including ensuring dishes are washed and put away as they found them, leftover food removed from the refrigerator, and garbage placed in the proper receptacles. We do not expect guests to vacuum, strip the beds, wash the floors, do laundry, or do cleaning of bathrooms;
b. All lights and electronics should be turned off and the gas fireplace shut off; and
c. Your electronic door code will expire at precisely 1100 (11am) on the date of your check out and the doors will automatically lock.
17. EMERGENCY CONTACT DETAILS
In the event of an emergency relating to the property, your emergency contact is XXXXXX.
18. COMPLIANCE
Breach of any of these House Rules is a breach of the Terms and Conditions of occupancy as per the Rental Agreement. The Owner and Manager reserve the right to terminate permission to occupy and to evict from the Property, any Guests or Visitors who refuse to follow these House Rules or who cause a nuisance to neighbors or other residents of the community.