Terms and Conditions for Guests
These pages, the content, and infrastructure of these pages and the online reservation service (including the facilitation of payment service through a third party provider), provided by us on these pages and through the website are either owned, operated and/or provided by royalcottages.ca and are provided for your personal use only, subject to the terms and conditions set out below.
Pease note that any hosts may have, declare applicable and/or require (acceptance of) - in addition to the policies and fine print as disclosed on the website, their own terms and conditions, policies and house rules for the use, access and consumption of their service (which may include certain disclaimers and limitations of liability).
Royal Cottages takes no responsibility with the policies and fine print as provided by each host respectively.
All definitions used in Terms and Conditions for Guests fully comply with definitions specified in General Terms and Conditions that are posted on this Platform/Website.
2. Scope & Nature of Our Service
Through the Platform, we provide an online service through which Service Providers can advertise, market, sell, promote and/or offer their Property, Service and/or Product for reservation, rent, or purchase, and through which relevant visitors of the Platform can discover, search, compare, and make a reservation, purchase, or payment. By using or utilizing the service provided by the Host, the Guest enters into a direct (legally binding) contractual relationship with the Host in which the Guest makes a reservation. From the point at which the Guest made their reservation (and/or sent inquiry), Royal Cottages acts solely as an intermediary between the Guest and the Host, unless the Guest and the Host enter into a direct contractual relationship with each other, and the Guest pays for the Services directly to the Host. Royal Cottages transmits the relevant details for your Reservation and/or Inquiry to the relevant Host(s) and sends the Guest a confirmation email for and on behalf of the Host. Royal Cottages does not rent out any Property.
When rendering our Service, the information that we disclose is based on the information provided to us by Hosts. As such, the Hosts that market and promote their Properties on the Platform are given access to our systems through which they are fully responsible for updating all rates/fees/prices, availability, policies, conditions, and other relevant information that gets displayed on our Platform. Although we will use reasonable skill and care in performing our Service, we will not verify and cannot guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade, or maintenance of our Platform or otherwise), inaccurate, misleading, or untrue information, nor non-delivery of information. Each Host remains responsible at all times for the accuracy, completeness, and correctness of the (descriptive) information (including the rates/fees/prices, policies, conditions, and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification, (star) rating, or type of accommodation of any Host (main or supplemental) services made available, unless explicitly indicated or set out otherwise.
Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep link, use, copy, monitor (e.g. spider, scrape), display, download, or reproduce any content or information, software, reservations, tickets, products, or services available on our Platform for any commercial or competitive activity or purpose.
3. Guest Program
The Guest program consists of services allowing the Guest to book the Property provided by the Host on our Platform/Website (“listings”) using online or non-online payment.
For using the online payment service to book such Property, the Guest must create an account on the Platform/Website and follow the instructions on the account’s page.
For using non-online payment service to book the Property, Guest sends inquiry through the platform to Host, where full Guest’s contact info should be listed. The Host will receive this inquiry upon verification of the Guest’s e-mail address by the Platform/Website staff, and then the Host and the Guest will deal with each other without the Platform/Website staff’s supervision.
By using our Services, the Guest agrees and understands that he/she (they or their own guests) must respect and obey all Host’s House Rules and Ontario municipal and provincial legislations while staying on the rental premises and make appropriate payments for such Services according to sections 4 and 6 of the present Terms and Conditions on time.
Royal Cottages reserves the right to revoke and cancel the Guest membership for current and/or future reservations in the event of violation of these Terms and Conditions, such as providing false personal information, invalid credit cards, etc. Royal Cottages furthermore reserves the right to revoke and cancel the Guest membership for future and/or current reservations of any individual who engages in inappropriate behavior, such as violence, threat, harassment, discrimination, obscenity, or fraud in relation to Royal Cottages, and/or its employees and agents, or Hosts.
4. Payments and Charges
Unless indicated otherwise, our service is free of charge for Guests who are dealing directly with Hosts through email or phone after submitting initial inquiry through the Platform. They will pay the Host the relevant amount as directly agreed upon.
We are not a party to any parent transaction between Hosts and Guests who are dealing directly with each other through email or phone after submitting initial inquiry through the Platform.
Guest pays full amount calculated by platform using our secure Online Credit Card payment portal. Platform/Service fees are included in total calculated amount and help us run our platform, payment processing and provide customer support.
In this case, Guest shall pay a Host’s fee, which includes an accommodation price/nightly rate, cleaning fee and pet fee (if any) plus HST (13%) and refundable security deposit specified on each listing page of the Platform/Website, as well as additional eleven percent (11%) of the above mentioned Host’s fee for the Platform/Website services.
In some cases, Guest shall pay the Municipal Accommodation Tax (MAT) - an additional four percent (4%) of after HST accommodation price, where such tax is required by local legislation.
Guests are responsible for ensuring they have carefully read these Terms and Conditions, listing details and use the Platform/Website Payment Breakdown to clarify the exact fee amount and payment procedure of services they selected prior making a payment, because some payments for our services are non-refundable.
The payment is safely processed from your credit card to the Host’s bank account through a third-party payment processor. Any payment facilitated by us for and on behalf of and transferred to the Host will in each case constitute a payment of (part of) the booking price in final settlement.
Please note that Hosts or Royal Cottages may require that payment be made upfront, and therefore your credit card may be pre-authorized or charged through our third party payment processor (sometimes without any option for refund) upon making the Reservation. Check the (reservation) details and cancelation policy of your service of choice thoroughly for any such conditions prior to making your Reservation.
You will not hold Royal Cottages liable or responsible for any allegedly unauthorized or wrong charge made by or on behalf of the Host and not claim any refund for any valid or authorized charge by or on behalf of the Host (including for pre-paid rates, damages, no show, and chargeable cancellations as per cancelation policy outlined in respective Listing) of your credit card.
Service Fees charged by Royal Cottages for in-platform Services are non-refundable even if portion or all of Service payment is able to be refunded and regardless of the Host’s cancellation policy.
Guest agrees to pay $100 for each day the respective payment is delayed.
5. Correspondence and Communication
Royal Cottages disclaims any liability or responsibility for any communication by or with the Host on or through its platform. You cannot derive any rights from any request, inquiry to, or communication with the Host or (any form of) acknowledgement of receipt of any communication or request. Royal Cottages cannot guarantee that any request, inquiry, or communication will be (duly and timely) received/read by, complied with, executed, or accepted by the Host. Royal Cottages disclaims any liability or responsibility for any communication by or accuracy of information provided by Host and/or Guest through inquiry or through communication with each of them.
6. Procedural and Cancellation Policy
Guest understands and agrees that the acceptance of his/her/their reservation is under full discretion of the Host. Therefore, the following situation is considered as the Host’s refusal to approve the reservation:
a) the Host did not reply to your inquiry within 24 hours (we do not control your correspondence between each other);
b) your online booking request was not accepted by Host (in this case, your credit card will not be charged).
If Host accepts your online booking request – your credit card will be charged based on the payment schedule depending on when booking request was made. Refundable security deposit will be charged according to the same payment schedule, and the following procedure applies:
a) if less than 65 days before check-in: full total booking amount including Host’s fee, Service fee and Security Deposit gets charged;
b) if more than 65 days before check-in: half of the total booking amount including Host’s fee, Service fee and Security Deposit gets charged right away and the remainder on the 65th day before check-in;
с) if full booking payment fails, your reservation is not confirmed and you need to resend a new booking request;
d) if balance (i.e. second payment) fails at the moment of scheduled charge, Royal Cottages will continue to try to charge the credit card you provided within 3 days and/or contact you (the Guest) with request to finalize the booking by providing new credit card. If booking is not finalized (paid fully) during the above mentioned period, your reservation gets canceled with refund of first payment minus platform/service fee.
By making a reservation Guest understands and agrees that Host reserves the right to cancel their reservation without refund if Guest (and his/her guests) violates the House Rules of accommodation and Ontario Laws.
Guest understands and agrees that all disputed issues should be addressed ONLY to the Host and resolved ONLY with him in the manner stipulated by provisions of legislation of the province of Ontario.
At the same time, Royal Cottages provides certain assistance to Guests and Hosts in resolving their disputes regarding the security deposit as specified in section 7 of this Terms and Conditions.
7. Security Deposit Process
By making a reservation the Guest agrees to pay a refundable Security Deposit along with other payments specified on listings in favour of the Host as a collateral in case the Property (or part of one) is damaged by the Guest. For using non-online payment service to book the Property, the Guest pays Security Deposit directly to the Host and deals directly with the Host in dispute situation, if any. In this case, Royal Cottages is unable to provide the Guest with any assistance.
If the Guest created the account with Royal Cottages’ Platform/Website and uses online payment service to book the Property, we keep the Guest’s Security Deposit in Royal Cottages’ trust bank account and return full amount of Security Deposit to the Guest within seven (7) business days after the Guest’s check-out date, unless provisions specified hereinunder apply.
Guest understands and agrees that the Host has a right to claim all or part of the Guest’s Security deposit within seven (7) business days after the Guest’s check-out date (or earlier, if the Host agrees to make a reservation for a new Guest) by providing Royal Cottages with appropriate Claim Form along with written explanations, which will be forwarded to the Guest.
In this case, Security Deposit (fully or partially) will be returned to the Guest, if Royal Cottages will be provided with one of the following:
a) originally submitted Claim Form from the Host;
b) joint written Authorization originally signed by BOTH the Host and the Guest;
c) an appropriate court order.
Once again, Guest understands and agrees that disputed issues regarding Security Deposit should be resolved ONLY between the Host and the Guest in the manner stipulated by provisions of legislation of the province of Ontario.
Neither Royal Cottages nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, developers, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents will be liable for (i) any punitive, special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability, location, condition of property and ratings) of the Host as made available on our Platform, (iii) the Services rendered or the products offered by the Service Provider or other business partners, (iv) any (direct, indirect, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Service Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors, or affiliated companies) whose service are (directly or indirectly) made available, offered, or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure, forces of nature or any other event beyond our control.
Royal Cottages is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness, and due disclosure of the Service and makes no representations, warranties, or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement, or its fitness for a particular purpose.
You acknowledge and agree that the Host is solely responsible and assumes all responsibility and liability in respect of the Service (including any warranties and representations) made by the Host.
Royal Cottages does not own or endorse the photos/images/videos that are uploaded. Therefore, Royal Cottages disclaims all responsibility and liability for the photos/images/videos posted.
Complaints or claims in respect to the Service (including related to the offered special/promotion price, policy or specific requests made by Customers) are to be dealt with the Host and Royal Cottages is not responsible for and disclaims any liability in respect of such complaints, claims, and (product) liabilities.
9. Intellectual Property Rights
Royal Cottages exclusively retains ownership of all rights, title and interest in and the Platform on which the service(s) is/are made available, and you are not entitled to copy or/and scrape infrastructure of the Platform or use our use brand without our express written permission. To the extent that you would (wholly or partly) use or combine our content, you hereby assign, transfer and set over all such intellectual property rights to Royal Cottages. Any unlawful use or any of the above mentioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right).
10. Privacy and Cookies
11. Governing Law
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the law of the Province of Ontario, Canada.