User access to and use of CanadaStays.com is subject to all applicable international, federal, provincial and local laws and regulations.
CanadaStays.com is provided for the purpose of assisting Users in arranging cottage, ski lodge, and resort-type accommodations and rentals across North America, 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 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 OR RENT. 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.
A Renter's correctly completed tender, offer, or bid, when delivered by pressing the "Submit" button on the "Book It" page or the "Make a Bid" button on the "Auction" page, forms an offer 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, and (iii) when the Company having received confirmation of payment in full from PayPal.
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.
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. 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.
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.
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.
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.
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.
You agree not to Post, Submit, or otherwise make available content on CanadaStays.com:
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.
Furthermore, you will not:
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.
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.
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.
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.
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.
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.
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.
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.
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.
Property owners 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.
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 owners agree to have the funds deposited through direct deposit based on the bank account information provided or by cheque. 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.
Payment must be received by the Company prior to a Property Holder's acceptance of a Posting placed through CanadaStays.com. Payment will be made through PayPal. You must provide your exact billing address and telephone number, being the address and telephone number that your credit card's bank has on file for a credit card utilized through PayPal. Incorrect information may cause a delay in processing an order. The Company may invoice parts of an order separately.
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.
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 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.
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.
By visiting or using CanadaStays.com, you agree:
This document was last updated on April 23, 2014