2. Laws & Regulations
User access to and use of CanadaStays.com is subject to all applicable international, federal, provincial and local laws and regulations.
Purpose/Function of CanadaStays.com
3. How CanadaStays.com Works
CanadaStays.com is provided for the purpose of assisting Users in arranging and booking vacation rentals such as cottage, ski lodge, and resort-type accommodations and rentals, for posting opinions and reviews of such accommodations, rentals, and other travel-related issues, for engaging in interactive travel forums (the "Service" or "Services"), and for no other purpose.
Users may submit information regarding vacation rentals, cottage, ski lodge, or resort-type accommodations that are available for rent (known as "Posts", "Postings", or "Advertisements" and such Users hereinafter "Property Holders" ) to other Users of CanadaStays.com. THE POSTINGS ARE INVITATIONS TO OTHER USERS TO MAKE OFFERS TO RENT A PROPERTY, AND ARE NOT OFFERS TO SELL. When a User wishes to rent a property from a Property Holder (hereinafter, a "Renter"), he/she submits a tender, offer, or bid to the Property Holder according to the method set out on the part of CanadaStays.com under which the Property Holder has placed a Posting.
To complete the offer, a renter's correctly completed tender, offer, when delivered by pressing the "Request to Book" button on the Listing Property Page to rent a property from the Property Holder. The Renter's offer will be deemed to be accepted upon: (i) the Property Holder agreeing to rent a property to the Renter, (ii) having received payment in full from the payment processor of the Renter's credit card.
Any tender, offer, bid, negotiation, acceptance, rental agreement, etc., constitutes a dealing or transaction between the Renter and the Property Holder. A Renter's subsequent review of a transaction or endorsement of a property or Property Holder (a "Submission") also constitutes part of that transaction.
CanadaStays.com is not intended to provide legal, educational, or other professional advice and should not be relied on in that respect.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PROPERTY HOLDERS MAY CREATE POSTINGS FOR ACCOMMODATIONS AND RENTERS MAY LEARN ABOUT AND BOOK ACCOMMODATIONS DIRECTLY WITH THE PROPERTY HOLDERS. YOU UNDERSTAND AND AGREE THAT WWW.CANADASTAYS.COM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROPERTY HOLDERS AND RENTERS, NOR IS WWW.CANADASTAYS.COM A REAL ESTATE BROKER, AGENT OR INSURER. WWW.CANADASTAYS.COM HAS NO CONTROL OVER THE COMPANY IT DOES NOT OWN OR MANAGE, AND CANNOT CONTRACT FOR, ANY RENTAL PROPERTY LISTED ON WWW.CANADASTAYS.COM. THE CONDUCT OF PROPERTY HOLDERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
4. Access & Technical Information
Access to CanadaStays.com is entirely at the discretion of the Company. The Company reserves the right to grant or deny access to CanadaStays.com to any person. The Company does not knowingly collect the information of anyone under the age of 13. Access to and use of password protected and/or secure areas of CanadaStays.com that are not explicitly for User use is restricted to authorized individuals. Unauthorized individuals attempting to access these areas of CanadaStays.com may be subject to prosecution.
Each User is solely responsible for the security of his/her password. Each User shall take precautions to keep his or her password private to prevent any unauthorized use. NEITHER WWW.CANADASTAYS.COM NOR ANY OTHER PERSON OR ENTITY WILL BE RESPONSIBLE FOR ANY LOSSES, DAMAGES, OR CONSEQUENCES A USER MAY SUFFER DUE TO CARELESS OR UNAUTHORIZED USE OF A PASSWORD.
Content on CanadaStays.com
CanadaStays.com and all of its content, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (the "Content") are the exclusive property of the Company. The Content is protected by copyright laws and other Canadian and international laws and treaties.
To request permission to, you may contact CanadaStays.com at:
20 Eglinton Ave W, Suite 603, Toronto, Ontario M4R 1K8, Canada
Or through our Online Contact Form.
If you are aware of an infringement of our brand, please let us know by e-mailing us at firstname.lastname@example.org . We only address messages concerning brand infringement at this email address.
7. User-Submitted Post, Postings, or Advertisements
CanadaStays.com appreciates hearing from you. Please be aware that by submitting content to the website, users grant CanadaStays.com a royalty-free, irrevocable right to use, reproduce, modify, and publish such content and use the name that Users submit in connection with Postings or Transactions. You acknowledge that the Company may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at its discretion, and that such submissions may be shared with others.
The reviews, comments, suggestions, ideas, or the like contained in any Posting, Transaction, or Submission are the opinion of the User only and do not reflect the opinions of CanadaStays.com. CanadaStays.com does not endorse any statement of fact or opinion posted by any User and does not review, verify, or substantiate the content, authenticity, or accuracy of any User's Posting or Submission.
You understand that all Postings or Submissions transmitted through, or linked from CanadaStays.com are the sole responsibility of the person who made such Posting or Submission. You are entirely responsible for each individual item that you Post, Submit, or otherwise make available through CanadaStays.com. You understand that the Company does not control, and is not responsible for, content made available through CanadaStays.com, and that by using CanadaStays.com you may be exposed to Postings or Submissions that are offensive, indecent, inaccurate, misleading, or otherwise objectionable. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY POSTING OR SUBMISSION, THAT YOU MAY NOT RELY ON SAID POSTING OR SUBMISSION, AND THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE IN ANY WAY FOR ANY POSTING OR SUBMISSION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY POSTING OR SUBMISSION OR CONTENT OTHERWISE MADE AVAILABLE VIA WWW.CANADASTAYS.COM.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND ITS SERVICES ARE INTENDED TO BE USED TO FACILITATE PROPERTY HOLDERS AND RENTERS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. CANADASTAYS.COM CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. CANADASTAYS.COM IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE USER’S OWN RISK.
YOUR INTERACTIONS WITH OTHER USERS, ORGANIZATIONS, AND/OR INDIVIDUALS FOUND ON OR THROUGH WWW.CANADASTAYS.COM, INCLUDING OFFERS, TENDERS, NEGOTIATIONS, BIDDING, PAYMENT, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS OR TRANSACTIONS, ARE SOLELY BETWEEN YOU AND SUCH USERS, ORGANIZATIONS, AND/OR INDIVIDUALS. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH EITHER ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE USERS, ORGANIZATIONS, AND/OR INDIVIDUALS.
8. Conduct of User
You agree not to Post, Submit, or otherwise make available content on CanadaStays.com:
- in an inappropriate category or area on CanadaStays.com;
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute, encourage, or provide instruction for a criminal offence, give rise to civil liability or otherwise violate any applicable local, provincial, national, or international law;
- containing nude and/or pornographic images;
- containing advertisements or solicitations of any kind, other than for the purpose of CanadaStays.com;
- that contains personal information, such as names, phone numbers, social insurance numbers, account numbers, or addresses, other than for the lawful purposes of using CanadaStays.com;
- with messages by non-spokesperson employees of the Company purporting to speak on behalf of CanadaStays.com or containing confidential information or expressing opinions concerning CanadaStays.com; or
- with messages that offer unauthorized downloads of any copyrighted or private information.
Furthermore, you will not engage in the following conduct, including but not limited to:
- use CanadaStays.com if you are not able to form legally binding contracts, or are under the age of majority;
- manipulate or interfere with another User's Posting or Submission;
- circumvent or manipulate the Company's fee structure, billing process, or fees owed to the Company;
- post false, inaccurate, misleading, defamatory, or libellous content;
- distribute viruses, worms, Trojan horses, or any other programs or technologies that might harm the Company or the interests or property of other CanadaStays.com Users; or
- harvest or otherwise collect information about other Users, including e-mail addresses, without their consent.
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the website;
- use CanadaStays.com for any commercial or other purposes that are not expressly permitted by these terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- use CanadaStays.com for unsolicited promotions, mass mailings or "spamming", transmission of "junk mail", "chain letters", political campaigning, advertising, contests, raffles, or solicitations;
- as a Property Holder, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honour;
- advocate, encourage, or assist any third party in doing any of the foregoing.
The Company is under no obligation to review any Postings, Submissions, messages, profiles, information, or other content posted on CanadaStays.com by Users and assumes no responsibility or liability relating to any such content. Notwithstanding the above, the Company may, in its sole and absolute discretion, decline to accept and/or remove any content that contains that which is set out above, without notice to you.
9. Posting Agents
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post content to CanadaStays.com on behalf of others. To moderate demands on CanadaStays.com's resources, you may not use a Posting Agent to post content to the website without express permission or license from the Company. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access CanadaStays.com to facilitate posting content on behalf of others, except with express permission or license from the Company.
10. Third Party Internet Sites
Periodically, links may be established from CanadaStays.com to one or more external websites or resources operated by third parties ("Third Party Sites"). These links are provided for your convenience only. Access to Third Party Sites linked to CanadaStays.com is at the User's own risk. You should be aware that Third Party Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on CanadaStays.com. THE COMPANY IS NOT RESPONSIBLE FOR SUCH PROVISIONS, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO SUCH PROVISIONS.
In addition, certain Third Party Sites may also provide links to CanadaStays.com. The Company prohibits caching, unauthorized hypertext links to CanadaStays.com and the framing of any content available through CanadaStays.com by these Third Party Sites. The Company reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any Third Party Sites linked to CanadaStays.com.
Privacy & Confidentiality of Content
11. Transmission of Personal Data
12. Confidentiality of User Communications
User should be aware that Third Party Sites may contain confidentiality provisions that differ from the provisions provided herein. The Company is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Waiver, Indemnity, and Release
13. No Warranties
ALL CONTENT AND SERVICES ON OR AVAILABLE THROUGH WWW.CANADASTAYS.COM, OR OBTAINED FROM A THIRD PARTY SITE, ARE PROVIDED TO USERS "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY SUBMISSION, OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR STATEMENT MADE THROUGH WWW.CANADASTAYS.COM OR A THIRD PARTY SITE, OR THE CAPABILITIES OR RELIABILITY OF ANY SERVICE OBTAINED FROM WWW.CANADASTAYS.COM OR A THIRD PARTY SITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH WWW.CANADASTAYS.COM OR A THIRD PARTY SITE, OR A USER'S RELIANCE ON ANY SERVICE OBTAINED FROM WWW.CANADASTAYS.COM OR A THIRD PARTY SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY SUBMISSION, OPINION, MESSAGE, POSTING, PROFILE, ADVICE OR OTHER CONTENT OBTAINED FROM WWW.CANADASTAYS.COM OR A THIRD PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SUBMISSION, OPINION, MESSAGE, POSTING, PROFILE, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
THE COMPANY DOES NOT WARRANT THAT WWW.CANADASTAYS.COM WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
14. LIMITATION OF LIABILITY FOR USE OF WWW.CANADASTAYS.COM AND THIRD PARTY SITES
THE INFORMATION, SERVICES, AND DESCRIPTIONS OF SERVICES PUBLISHED ON WWW.CANADASTAYS.COM OR A THIRD PARTY SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION OR CONTENT ON WWW.CANADASTAYS.COM AND THIRD PARTY SITES. THE COMPANY MAY MAKE IMPROVEMENTS OR CHANGES TO WWW.CANADASTAYS.COM AND THE SERVICES OFFERED BY WWW.CANADASTAYS.COM AT ANY TIME. YOU AGREE THAT THE COMPANY, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF WWW.CANADASTAYS.COM OR A THIRD PARTY SITE, OR WITH THE DELAY OR INABILITY TO USE WWW.CANADASTAYS.COM OR A THIRD PARTY SITE, EVEN IF THE COMPANY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, WORMS, TROJAN HORSES, ETC. WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL, ELECTRONIC EQUIPMENT, OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS, OR ANY FORCE MAJEURE. THE COMPANY CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO WWW.CANADASTAYS.COM.
15. LIMITATION OF LIABILITY FOR SERVICES AND/OR TRANSACTIONS ARRANGED THROUGH WWW.CANADASTAYS.COM
YOU AGREE THAT WWW.CANADASTAYS.COM IS A MERE CONDUIT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH WWW.CANADASTAYS.COM. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH WWW.CANADASTAYS.COM ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS (E.G. INCLUDING RENTERS, PROPERTY HOLDERS, ADVERTISERS, OR THIRD PARTY SITES).
THE COMPANY HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, IN CONNECTION WITH: (1) THE USE OF WWW.CANADASTAYS.COM BY YOU AND/OR ANY USER; (2) ANY INTERACTIONS BETWEEN USERS; AND/OR (3) ANY SERVICES PROVIDED BY ANY USER THROUGH WWW.CANADASTAYS.COM; AND INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY, OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF ANY USER, AND YOU HEREBY EXONERATE THE COMPANY FROM ANY LIABILITY WITH RESPECT TO THE SAME.
YOU WILL NOT HOLD THE COMPANY RESPONSIBLE FOR OTHER USER'S POSTINGS, SUBMISSIONS, CONTENT, ACTIONS OR INACTIONS, OR PROPERTIES THEY LIST. YOU ACKNOWLEDGE THAT WWW.CANADASTAYS.COM IS NOT A TRADITIONAL AUCTIONEER. INSTEAD, THE WEBSITE IS A VENUE TO ALLOW ANYONE TO ADVERTISE THEIR PROPERTY FOR RENTAL IN A VARIETY OF FORMATS AND VENUES, SUCH AS FIXED-PRICE AND AUCTION-STYLE FORMATS. THE COMPANY IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN RENTERS AND PROPERTY HOLDERS. THE COMPANY HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY OR SAFETY OF PROPERTIES ADVERTISED, THE TRUTH OR ACCURACY OF USER'S CONTENT OR POSTINGS, THE ABILITY OF PROPERTY HOLDERS TO RENT PROPERTY, THE ABILITY OF RENTERS TO PAY FOR RENTALS, OR THAT A RENTER AND PROPERTY HOLDER WILL ACTUALLY COMPLETE A TRANSACTION. PROPERTY HOLDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF CANADASTAYS.COM.
THE COMPANY CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO WWW.CANADASTAYS.COM'S SERVICES, AND OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE COMPANY'S CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, THE COMPANY EXCLUDES ALL IMPLIED WARRANTIES, TERMS, AND CONDITIONS. THE COMPANY IS NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF WWW.CANADASTAYS.COM.
17. Limitations on Service
You acknowledge that the Company may establish limits concerning the use of CanadaStays.com, including the maximum number of days that a Posting, Submission, or other content will be retained by the website, the maximum number and size of Postings, Submissions, messages, or other content that may be transmitted or stored by the Company, and the frequency with which you may access the website. YOU AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT MAINTAINED OR TRANSMITTED BY WWW.CANADASTAYS.COM. You acknowledge that the Company reserves the right at any time to modify or discontinue the website (or any part thereof), with or without notice, and that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the website.
18. RESOLUTION OF DISPUTES AND RELEASE OF THE COMPANY
YOU AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY TRANSACTIONS. If there is a dispute between participants on the website, or between Users and any third parties, you understand and agree that the Company is under no obligation to become involved. YOU HEREBY RELEASE THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OF NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES.
The Company recommends that Property Holders obtain appropriate insurance for their properties. Please review any insurance policy that you may have for your property carefully, and make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Renters (and the individuals the Renters invite to the property, if applicable) while at your rental property.
When you book international travel reservations with third-party suppliers or plan international trips using CanadaStays.com, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. CanadaStays.com accepts no liability for travelers who are refused entry onto a flight or into any country because of the traveler’s failure to carry the travel documents required by any airline, authority, or country, including countries the traveler may just be passing through en route to his or her destination.
It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR DESTINATIONS, CANADASTAYS.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
19. Fees & Services
Many bank and credit card companies charge their account holders a transaction fee when the card issuer and the "merchant location" (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder’s account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
All traveller booking fees are non-refundable.
Any owner or property manager cancelling an approved booking will be subject to the following cancellation fees:
Annual Subscription customers will be charged the greater of 3% of the total rental fee including tax or $50. Pay Per Booking customers will be charged the greater of 10% of the total rental fee including tax or $50.
Owners who have accepted bookings pending payout can choose to pay the cancellation fee by credit card. Otherwise, CanadaStays will deduct the cancellation fee from their next payout. Owners who cancel two approved bookings within a 6-month period will be subject to an account review by CanadaStays.
CanadaStays reserves the right to cancel bookings made within 24 hours if there is suspicious activity suspected. In these cases, the owner will be notified and no payouts will be made.
Pay per Booking Properties
Property Holders may choose Pay-Per-Booking listings rather than our regular subscription model. These accounts will have no upfront payment, but agree to pay commission as outlined in the signup process. Commission levels are always subject to change with due notice. The full commission schedule and payout terms can be found in our FAQ section. Accepting bookings outside of the Pay-Per-Booking Model after subscribed under the Pay Per booking terms violates your agreement with The Company and will result in commission owed to The Company and the possible cancellation of your advertisement.
These accounts are subject to the additional terms, conditions and requirements outlined in the sign up for such an account, including those of our third party providers. Online booking and payments is required for all pay-per-booking listings.
Pay-per-booking listings may be updated to subscription listings at any time, however any bookings already made shall remain subject to applicable pay-per-booking fees and commissions.
Cancellation policies are required for all pay-per-booking listings, and requirements for such cancellation policies are outlined on your account dashboard in the listing setup. To the fullest extent legally permissible, owners who list their properties in a pay-per-booking listing, agree to rent such properties through such listing and not through any other means.
To utilize the system Property Holders agree to have the funds deposited through direct deposit based on the bank account information provided. CanadaStays.com is not responsible for members submitting errant information causing a bank deposit error. By using this system you are in agreement on the payout schedule and refund terms. Refund terms and policies are fully outlined in our help section and can be updated through your account dashboard. Payments that fall outside these guidelines and regulations will not qualify for a refund. Travellers booking through our system are also subject to these same regulations as outlined in the signup process.
Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with CanadaStays.com's services in a timely manner with a valid payment method. If your payment method fails or your account is past due, the Company may collect fees owed using other collection mechanisms, including, but not limited to, charging other payment methods on file with the Company, retaining collection agencies and legal counsel, etc.
20. Payment Terms & Orders
Payment must be received by the Company prior to a Property Holder's acceptance of a Posting placed through CanadaStays.com.
The User is responsible for all taxes associated with the Posting or transaction, however designated and/or whether or not charged by the Company on the applicable invoice. Incorrect information may cause a delay in processing a Posting. If applicable, a separate charge for taxes will be shown on the Company's invoice.
Auto Renewal Option
In order to ensure a smooth automatic billing cycle by minimizing payment disruptions due to account changes, we work with Moneris Solutions and the account updater service. We are able to extend your automatic renewal and prevent any unwanted advertising downtime. Visa Account Updater and MasterCard Automatic Billing Updater are mechanisms for updating cardholder account information electronically among participating card issuers, payment processors, and merchants who accept account-on-file transactions.
To protect against the risk of liability, the Company has at times requested, and may continue to request, we hold Renter's funds until an offer, tender, or bid has been accepted by the Property Holder.
Subscription Refund Policy
Subscription Term: All subscription listings are sold to run the full term that is chosen by the member. The term begins on the date that the member submits payment and expires on the last date of the term chosen by the member.
Refund Requests: Generally, no refunds are available unless a member qualifies for a refund under any guarantee program we may have in effect.
Upon renewal of your subscription, either manually or through our automated process, your listing will remain online for the entire subscription period without refund. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.
22. Jurisdiction/Governing Law
23. Language and Communications
You further acknowledge and agree that all communications and documents between you and the Company with respect to your use of CanadaStays.com may take place electronically and that all such electronic notices, agreements, and other communications from the Company shall be the legal equivalent of written communications.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CanadaStays.com (i) via email (in each case to the address that you provide) or (ii) by posting to the website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
By visiting or using CanadaStays.com, you agree:
- that you are at least the age of majority;
- to provide complete and accurate information to the Company, including, but not limited to, information required to register with CanadaStays.com and all credit card information;
- that your credit card company and bank will honour the charges incurred by you;
- that you will pay all charges that you incur at the then-current rates;
- to provide for your own access to the CanadaStays.com, including, but not limited to, obtaining and maintaining all telephone, computer hardware, software, and other equipment and paying all related charges;
- NOT to upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- NOT to delete or modify any author attributions, legal notices, or other proprietary designations or labels in any file that is uploaded; and/or
- NOT to incorporate any information from CanadaStays.com into any other directory, product, or service.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the CanadaStays.com site and services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the CanadaStays.com website, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of CanadaStays.com and you hereby irrevocably assign to the Company and agree to irrevocably assign to the Company all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At the Company's request and expense, you will execute documents and take such further acts as the Company may reasonably request to assist CanadaStays.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
28. SERVICE PROVIDERS
In accordance with the Ontario Travel Industry Act, 2002, this page contains detailed information on the name, address and registration number applicable to the provider of travel services.
Fulfillment services provided by 1760335 Ontario Inc. , 20 Eglinton Ave W, Suite 603, Toronto, Ontario M4R 1K8, Canada. TICO Registration Number: 50021746
This document was last updated on May 28, 2016