Terms and Conditions of Property Rental
1. Your Booking.
You can book [reserve] the properties and take up the advertised offers if the applicable property is still available at the time the booking is made on our online reservation system or over the telephone. The party leader must be at least 21 years of age and booking [the reservation] is made to you as a consumer and you agree that no liability can be accepted by the owner or its agents for any expenses, costs, losses or other sums of any description which relate to any business or commercial activity which, in any event, is strictly prohibited, howsoever suffered or incurred by you. When you receive your confirmation by email, the details must be carefully checked. If there are any typographical errors you should inform the owner or its agents within 24 hours by email or by telephone on 315-789-1144. This does not however, absolve you from your obligations under the terms of this agreement.
Please note that there is no cooling off period in NY State for this type of business transaction. Once our online reservation system or the owner or its agents otherwise issue a written confirmation to you, this signifies that the owner or their agents have entered into a contract with you, which is subject to the terms and conditions contained herein and creates a legally binding e-commerce contractual agreement between you and the owners or their agents.
2. Paying for your property.
When you book your property you will be required to pay the amount due by credit card preferably by using our online reservation system. Your reservation is then confirmed in real time. Your credit card will only be charged 50% of the rental amount as a deposit and the balance of 50% of the rental amount will automatically be debited to the same credit card 6 weeks prior to the commencement of your vacation. Note: Short stay rentals of up to 6 nights are subject to any applicable sales tax at the prevailing rate which if we are required to collect for the Inland Revenue is already included in our advertised rates.
A 3% occupancy tax is added to all reservations as required by Ontario County. Reservations may also be made over the telephone by calling 315-789-1144 but in any event subject to the exact same terms and conditions as contained herein. Therefore, telephone reservations are only accepted with your explicit verbal consent to these terms and conditions of booking and hire on which we rely.
The pricing structure for our largest properties (Canadice Log Home and Canandaigua Log Homes) are formulated on an inclusive occupancy of 6 people sharing throughout the year except our Peak Season rates which are based on an inclusive occupancy of 10 people sharing.
Above the included number there is an additional daily charge of $39 per extra adult or $210 per week (18 years of age or over) or $30 per extra child or $140 per week (5-17 years of age) up to a maximum of 12 people sharing including use of a double futon with all linen, sheets and towels provided.
The pricing structure for our larger properties (Seneca Cottage, Cayuga Cottage, Keuka Cottage, Conesus Log Home and Otisco Log Home) is formulated on an inclusive occupancy of 4 people sharing throughout the year except our Peak Season rates which are based on an inclusive occupancy of 6 people sharing.
Above the included number there is an additional daily charge of $39 per extra adult or $210 per week (18 years of age or over) or $30 per extra child or $140 per week (5-17 years of age) up to a maximum of 8 people sharing including use of a double futon with all linen, sheets and towels provided.
The pricing structure for our smaller log cabins (Hemlock Log Cabin and Honeoye Log Cabin) is formulated on an inclusive occupancy of 2 people sharing throughout the year except our Peak Season rates which are based on an inclusive occupancy of 4 people sharing.
Above the included number there is an additional daily charge of $39 per extra adult or $210 per week (18 years of age or over) or $30 per extra child or $140 per week (5-17 years of age) up to a maximum of 6 people sharing. These are traditional log home with 3 bedrooms, 1 downstairs shower room and a second upstairs toilet with basin.
If you would like to increase the occupancy before or during your stay, please inform the owners who live in Owasco Cottage at Cobtree, by calling 315-789-1144 and we will add the additional occupancy charge to your credit card prior to your departure.
Please understand that our pricing structure is formulated to be fair and equitable and is based on our guest’s honesty and trust. Therefore, should the occupancy be increased without our prior consent and it is subsequently discovered that you have increased the number of people staying in the property during your stay, you will be charged the additional observed occupancy for the whole rental period.
We believe that our pricing structure is highly competitive compared to other accommodation providers in the region and this helps both couples, small families and groups achieve their budget and offers exceptional value for money compared to the cost of a suite at a local hotel and at Cobtree, you get to stay in a fully equipped deluxe home.
3. Cancellation or changes to your booking by the owner or its agents.
Neither the owner nor its agents expect to make any changes to your reservation, but occasionally problems occur and reservations have to be changed or canceled. If this does happen, the owner or its agents will contact the party leader by telephone, e-mail or letter to advise of any such changes or cancellation. In the event of cancellation, you will receive a full refund. Whilst every endeavor will be made by the owner or its agents to secure for you alternative accommodation, the owner’s and agent’s liability will be wholly restricted to $100.00 in full and final settlement of such an eventuality.
The management of Cobtree reserves the right to provide our guests with an alternative cabin / cottage on site to the one they have originally reserved should there be any unforeseen circumstances that renders the property inhabitable. If this results in an upgrade, there will not be any additional charge to our guests. However if this results in a downgrade our guests will be refunded the difference in rental.
4. Circumstances beyond the control of the owner or its agents. (Force Majeure)
Except where otherwise expressly stated in these conditions, the owner or its agents shall not be liable, jointly or individually, for any changes, cancellations, effects on your vacation, loss or damage suffered by you or for any failure by the owner or its agents to perform or properly perform any of their respective obligations to you which is due to any events or circumstances beyond the reasonable control of either the owner or its agents referred to as “Force Majeure” in these conditions. By way of example only this includes, fire, flood, exceptional weather conditions, epidemics, pandemics destruction, or damage of the property by any cause other than negligence by the owner or its agents. No compensation, expenses or costs of any description will be payable in such circumstances by the owner or its agents to you in the event of “Force Majeure”.
5. Advertised details
Whilst every effort is made to ensure that all advertising and published information and other material, prices, description etc.is accurate, typing and printing errors can sometimes occur.
6. Agricultural Lands
It is the policy of New York State and the Town of Geneva to conserve, protect and encourage the development and improvement of agricultural land for the production of food and other products and also for its natural and ecological value. This notice is to inform you that the property you are renting lies in an agricultural area and that farming activities occur within the district. Such farming activities may include, but not be limited to activities that cause noise, dust and odor. Furthermore, the properties being located in a rural area there exists the inevitable, unavoidable, occasional incidence of insects, flies, rodents and other wildlife infestations that manifest themselves from time to time as well as the potential for an infestation of Cimex lectularius Linnaeus. Such incidents are immediately addressed by the owners when such occurrence is brought to their attention and you agree to hold the owners or their agents harmless in such circumstances.
7. Liability and Indemnity
You acknowledge that the use of the properties without continuous on- site owner supervision presents inherent risks. You agree to provide supervision for all members of your group, including without limitation minors in your group and minors who might be guests or invitees, and to take due care to assure that the premises and the personal property used in connection therewith are occupied and used in a safe and careful manner. The owner and its agents shall have no liability for any death or personal injury except to the extent caused by the owner’s or its agent’s gross negligence. You must take all necessary steps to safeguard your property. No liability is accepted by the owner or its agents in respect to damage, loss or theft of such personal property except to the extent caused by the owner’s or its agent’s gross negligence. You hereby release and indemnify and hold the owner and its agents harmless from any claim or expense in connection with injury or death of any member or your party or any guest or invitee of yours, except to the extent caused by the owner’s or its agent’s gross negligence. The parking of any vehicle on the property is strictly at the vehicle owner’s risk. No liability or responsibility for any theft or damage to any vehicle whilst parked on the owner’s private property will be accepted by the owner or its insurers.
8. If you change or cancel your booking
If you want to change or cancel your booking once the confirmation has been made, you must contact the owner or its agents immediately you become aware of the need to do so. Any change to your booking can only be made with the express written consent of the owner or its agents and they are under no obligation to accept such changes or cancellation once the original booking has been confirmed to you. Any changes can only be made in any event, “Subject to availability”. In the event of cancellation of a booking [reservation], any refund of the full contractual rental amount due and payable, can only be made to you providing the owner or its agents are able to secure another booking for the property from another customer in whole or pro-rata for the original period booked and same rental amount less an administration charge of $50 being deducted from any refund, or partial refund made. Any credit card collection or refund charges that we incur for the transaction will also be deducted from any refund to be made.
The only exception to this policy is for reservations that are made for one single property booked and in the event of a verifiable bereavement in your immediate family or member of your group the owners or its agents may consider the issue of a “rain Check” redeemable against a future reservation to be taken within 12 months from the date of the original booking providing that such event occurs within 4 weeks prior to your arrival and, it must be stressed that they are under no contractual obligation to do so.
In the event of cancellation of a booking made for more than one property that is to say, multiple properties reserved together, a refund of any monies paid will only be made if we are able to on-sell the reservations made for each separate property, to other customers in whole or Pro rata for the original period booked less an administration charge of $50 per property being deducted from any refund made together with any credit card collection or refund charges that we have occurred for the transaction.
In any event, the owners or their agents will not accept the cancellation or curtailment of the paid rental after check in or in the event of a no show.
We therefore highly recommend that you consider taking out suitable vacation/trip/cancellation insurance from the recommended providers that we have provided links to from our web site or please contact your insurance broker.
9. Your property
You can arrive at your property after 15.00 hours (3pm) on the start date of your vacation rental and must leave by 10 am on the date of departure. We offer returning guests a complimentary late check out before 11 am. Late check outs without prior approval are charged at $50 per hour but in any event the latest check out is 11 am against payment of the additional charge. Alternative arrangements can only be made with the owners or its agents by email or telephoning the number given on your booking confirmation. The owners or their agents do not charge any additional cleaning fee on departure provided that throughout your stay you and all members of your vacation rental party agree both to keep the property reasonably clean and tidy, its private garden, patio and barbeque area, and to leave the property in a similar condition as you found it upon your arrival apart from the washing of the linen, sheets and towels supplied.
We allocate 3 hours for our cleaner to make ready the property for incoming guests but if the property should be found to require cleaning beyond the three hours that we allocate for cleaning after your departure, we reserve the right to charge your credit card a minimum of $50, depending on how much extra cleaning needs to be done to restore it to the state you found it. You and all your vacation rental party further agree not to use the property for any commercial purposes, including, without limitation assigning or subletting it. Use of the property is as a vacation residence only, not a permanent residence or “party house” and you must not permit or allow any person or otherwise allow anyone to occupy or visit the property that has not previously been included in your reservation without the express written permission by the owner or its agents.
You are wholly responsible to the owner or its agents for the actual costs of any damage, breakages or damages along with any costs that may result which are directly or indirectly caused by you and/or any of your vacation rental party, or by any pet that you bring with you and the owner or its agents can require payment from you to recover any such costs and charge to the credit card # held on file as security for such eventuality. The owners or its agents are also entitled at their sole discretion to require that you pay a security deposit prior to your occupying the property on arrival, should they have any concerns in this regard. The owner or its agents are also entitled at their sole discretion to refuse to hand over to you or repossess the property in its entirety including but not limited to all fixtures and fittings, furnishing and decorations if the owner or its agents believe that any damage is likely to be caused or has been caused by you or any members of your vacation rental party, including the failure to maintain the property in a clean and tidy condition throughout your stay.
These circumstances will be treated as a cancellation by you. No refund of any monies you have paid in respect of your booking will be made and neither the owner or its agents will have any liability whatsoever to you as a result of this situation arising (Including for example any costs or expenses you incur due to not being able to occupy the property, such as your incurring the cost of securing an alternative property/accommodation. In this situation, neither the owner nor its agents are under any obligation to find alternative accommodation for you.
You must under no circumstances allow more than the permitted maximum number of guests to occupy the property as stated on our reservation system. Neither can you significantly change the composition of the vacation rental party during your occupation of the property without the consent of the owners or their agents, nor can you take your pet(s) into the property unless this has been arranged in advance and accepted in writing on the booking [reservation] form by the owners or its agents. You must under no circumstances allow or permit any parking of any vehicle in excess of three (3) motor vehicles (parked in allocated parking spaces) at the property at any time without the written permission of the owner or its agents. We do not allow RV’s, motor homes or trailers to be parked at Cobtree at any time however, at the discretion of the owners or their agents will consider small boats on trailers, motorcycles on trailers, jet ski’s or skidoo’s on trailers to be parked where the owners or their agents allocate on site on arrival. Outdoor sporting equipment such as bicycles are also not permitted in the property itself but may be left outside on the deck or patio or placed in the barn which is secured by a PIN lock. Furthermore, you must under no circumstances allow or permit to cause any noise, nuisance or annoyance to the owners, its agents or occupiers of any adjoining property at any time. More specifically to this condition, you must under no circumstances allow or permit any parties or mass gatherings of any nature inside or outside the property rented. Further to this condition and in any event, there is a “quiet time” in effect at Cobtree between the hours 10.00pm – 08.00 am whereby any party, gathering or loud music is specifically prohibited so as to maintain peace and harmony for all guests staying in the rental homes at Cobtree and residents of nearby neighboring properties.
You must allow the owner or its agents or any representative, including workman or prospective tenants (accompanied by the owner or its agents) access to the property at any reasonable time during your occupation of the property and in cases of emergency the owner or its agents (including workman) may enter the property without giving you prior notice.
Smoking: The property is a no smoking property and you may only smoke outside of the property. You must ensure that all cigarette ends are properly disposed of. A cleaning fee of $100 will be charged to your credit card to cover the removal of tobacco smells or stains etc. from the furnishings if it is subsequently discovered that smoking has taken place within the property during your stay at the property.
Firework: For your own safety and that of other guests, and for the prevention against fire for our properties, firework is strictly forbidden at Cobtree.
Pets are additionally charged at $10 per night plus taxes or $50 per week plus taxes.
All pets must be supervised by their owners and leashed when the owners see other unfamiliar dogs around the property. Pet owners are responsible for cleaning up after their dog has toileted. Pets are not allowed on furniture at any time. Any evidence of pets on furniture may incur extra cleaning fees. All pets must be up to date on rabies vaccinations and all other vaccinations. Heart worm preventative is highly recommended. A copy of the rabies vaccination certificate or copy of your pet’s vaccination record issued by your vet must be supplied on demand by the owners or their agents.
All pets are to be treated with topical flea and tick repellent prior to arrival. Fleas and ticks are very rampant in rural areas and can cause harmful/fatal illness to humans and pets. All items above are the sole responsibility of the pet owner. The property owners assume no responsibility for illness or injury that may incur to pets while on the premises. “Vicious or Dangerous Dogs” trained for dog fighting or with any tendency or disposition to attack any dog other domestic animals or humans without provocation, are not permitted at any time as well as any dogs that continually bark when left alone.
Both the owner of the pet and the renters of the property agree to hold harmless the owners of Cobtree Corporation and absolve them from any liability in the event that their pet should cause nuisance to other guests or other guests pets staying at Cobtree or should their pet harm any person or any other pet in any manner that could cause any legal claim to arise.
Every effort has been made to ensure that you have an enjoyable and memorable vacation and this agreement has been made to protect your peaceful occupancy of the property during your vacation stay. If, however, you have any cause for the complaint, the owner or its agents are anxious that remedial action is taken as soon as possible. It is essential that you contact the owners or its agents immediately if any problem arises so that it can speedily be resolved.
12. Right or Tenure
Nothing in this agreement gives right or effect to the hirer under any protection from eviction laws. Occupancy, the purpose of which, is to give the tenant [the renter the] right to occupy the property for a vacation IS NOT an “assured tenancy” [does not constitute a landlord/tenant relationship] within the meaning of the law.
13. Customers Details
For the purpose of data protection, the owners or its agents are sole data controllers of all personal data provided by its customers and prospective customers and are not disclosed to any third party EVER, without the permission of the customers or otherwise legally required to disclose. If you at any time in the future you wish to be removed from our database, please email or write to the address given on the booking confirmation and this will be carried out within 72 hours.
The contract between you and the owner or its representative is subject to the Laws of New York State. It is agreed that any dispute will be submitted to arbitration with the Center for Dispute Settlement in Ontario County New York, and parties to this contract waive their right to file a court action over any disputes prior to such arbitration. It is further agreed that all reasonable legal fees and expenses will be paid in their entirety to the prevailing party to any dispute and such reasonable legal fees and expenses to be determined by the arbitrator as a condition of this contract. Any award of the arbitrator shall constitute a final, none appealable judgment and may be entered as such by the clerk of any court having jurisdiction.