Terms & Conditions

The “AGREEMENT”

Service Agreement for “Hosts” looking to rent their properties out through Casadell

BY ORDERING, ACCEPTING, AND PAYING FOR LIMITED DURATION RENTAL SERVICES PROVIDED BY CASADELL THROUGH OUR WEBSITE OR ANY OTHER AGREED UPON AND AUTHORIZED METHOD, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS BELOW (ALSO FOUND ON OUR WEBSITE), AND FULLY ACCEPT AND AGREE TO THE TERMS AND CONDITIONS AS THEY RELATE TO THE RENTAL SERVICES WE PROVIDE.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you”, “your”, and “Guest” will refer and apply to that company or other legal entity.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING GUESTS FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING SPACES FOR RENT WITH CASADELL

 

  1. Definitions
    1. Host” is the third-party person, company or member that authorizes Casadell to list for rental on Casadell’s website, a third party rental website, or any other mutually agreed upon and authorized method of listing advertisement to rent out the Host’s Property; and/or engages Casadell to provide any Services related to the Host’s Site.
    2. “Guest” is the person, company or member that requests from the “Host” through Casadell’s facilitation on its own website, listing on third party websites, or any other agreed upon method, the booking of the Property and/or Services for an agreed upon period, and is not the “Host” of the property accommodation.
    3. “Fixed Revenue Model” A model of rental Services offered to Hosts whereby the Supplier shall pay the Host a fixed monthly payment in order to rent out the Host’s Property to Guests for a set period of time.
    4. “Property” is the dwelling or accommodation owned or legally under the control of the Host which the Host wishes to make available to Guests for rentals facilitated by Casadell
    5. “Supplier” is Casadell, a federally incorporated Canadian company with its head office located in the City of Toronto. The Supplier facilitates the transaction between the “Host” and “Guest” for rental of the Property by listing Properties for rent and making Services available on its own website, third party websites, or other mutually agreed upon methods of marketing the Host’s Property for rental and Services.
    6. “Services” refers to the support provided by the Supplier to the Host including but not limited to renting out the Property, optimizing rental listings on third party sites, collecting and remitting payments, professional staging and photography, managing listing calendars, guest communications, and bookings, screening guests for security, concierge support, key exchanges, and cleaning solutions starting from the period of the booking of the rental until the end date.
    7. “Split Revenue Model” A model of rental Services offered to Hosts whereby the Supplier and the Host will split net earnings from rentals at a fixed percentage split.
    8. “Tax” or “Taxes” mean any applicable statutory taxes including but not limited to sales taxes, harmonized sales tax (HST), value added taxes (VAT), tourist/visitor taxes, and any applicable taxes on additional fees that the Host may charge, or as required by law.
    9. “Third-Party Website” are other third party websites or platforms that the Supplier can use, in addition or in place of its own website, to promote listings and interact with potential Guests including but not limited to AirBnB, Flipkey, and Homeaway.
    10. “Agent(s)” refers to a person(s) explicitly authorized by the Host to act on the Host’s behalf or authorized by the Supplier to act on the Supplier’s behalf. The Agent may have decision making power and representation equal to that of the Host or Supplier.
    11. “Website” means the website owned by Casadell and located at http://casadell.com/

 

  1. Accommodation Listings
    1. The Services are available for Hosts seeking to rent out one or more Properties (as applicable) to Guests. In order to qualify as a Host, the person, group or company must register on the Website and/or through any other method expressly authorized by the Supplier and must successfully meet the requirements for membership as set by the Supplier. The Supplier has the sole discretion to approve any potential Host for listings and/or use of its Services. The Supplier may consider some or all of the following factors in its assessment including but not limited to location, quality, capacity, size, and demand for the property.

 

  1. Pricing for Properties and Pricing Disputes. The Host may recommend a price range for the listing of the Property, but the Supplier shall reserve sole discretion for all terms of any Property listing. In the event that a Host disputes the price in a Supplier listing of the Property and the parties cannot arrive at a mutual agreement and/or the Host objects to the price of the listing then the Supplier shall have the authority to cancel the Services and listing, and any applicable charges shall be borne by the Host. Any reservations ordered by Guests prior to formal notification of objection to the price of the listing by the Host must be honored by the Host, and the Host shall receive all applicable remuneration in the manner set out in this Agreement and the Order Schedule as defined in Section 7 of this Agreement. This section is only applicable in the event that Casadell is hired to manage accommodation listings on behalf of the Host subject to the detail of the Services ordered by the Host as set out in the Order Schedule.

 

  1. Modification
    1. The Supplier has the right, at its own discretion, to modify the Casadell website, Services, terms, Service fees or any other terms and conditions at its sole discretion. The change must be posted on the Casadell website, or, alternately, may be communicated by any other reasonable method to the Host within a reasonable amount of time. Services which have already been paid for and consented to by the Supplier shall not be affected by any such modifications.
  2. No Endorsement
    1. The Supplier does not endorse any particular Host, although it may choose to have requirements for membership as a way of maintaining a high standard of service and to fit its business needs. The Supplier further does not endorse or guarantee any Guest representation, truthfulness, or promise and shall accept no liability for any such representations.
  3. Bookings and Financial Terms for Hosts
    1. The Supplier shall have exclusive authority to confirm bookings, collect payments from the Guest and/or Third Party Site, and remit payment amounts owed to the Host.
    2. Payment Options. Payments to the Host shall be made in accordance with the revenue model for Services selected by the Host as set out below:
      1. Fixed Revenue Model Hosts shall receive payments on the recurring date defined in the Order Schedule.
      2. Split Revenue Model Hosts shall have their percentage of funds remitted to them on the next funds disbursement date following receipt of the funds by the Supplier, as more specifically defined in the Order Schedule.
        1. If the listing (or an account) is under the name of Host on a Third Party Website such as AirBnB, the funds will be paid out as per the terms of respective Third Party Website. The Host’s funds will get remitted directly from respective Third Party Website. Once the funds are remitted, the Host is responsible for disbursing Suppliers’ share of funds immediately, as defined in the Order Schedule.
  • Details of the payment will be stated in the Order Schedule.
  1. A la carte” Services. Hosts may order “a la carte” Services such as cleaning, staging, and professional photography on an individual basis with or without Property accommodation listing Services, and in such cases payment for “a la carte” Services shall be according to the terms of the Order Schedule.
  2. Withholding and Set-off. The Supplier reserves the right to withhold funds owed to the Host, including funds meant to be transferred from the Guest to the Host, if the Host owes funds to the Supplier, including any amounts owing by Host for previous cancellations. The Supplier may apply any such withheld funds to outstanding balances owed by the Host to the Supplier.
  3. Deductions and Disbursement of Payments. Amounts owed to Host shall be transferred to the Host less any deductions mandated by law or by third party operators including, but is not limited to, the collection fee(s), convenience fee(s) or other third party charge(s) that are incidental to the collection of those funds such as any fee(s) third party sites may charge for use of their services related to the Hosts’ rental. The Host understands that the Supplier acts as a limited payment collection Agent for the Host and shall only disburse payments to the Host if such funds have been successfully secured and transferred to the Supplier by the Guest.
  1. Age Requirement
    1. Hosts and/or their Agents must be at least eighteen (18) years old to register with the Supplier and use the Website and Services. By accepting these Terms, the Host and/or their Agent(s) certify that they are 18 years or older.
  2. Services
    1. For all Property rentals the Supplier shall facilitate the rental of the Host’s Property through the Supplier’s website or through a Third-Party Website for the duration of the agreed upon period on the terms agreed upon between the parties through the selected Services booking method as set out in the Order Schedule attached to this agreement (defined herein this Section 7). Any other additional Services which the Host may order from the Supplier shall be performed in accordance with terms set out in the same, or an additional Order Schedule, which along with this Agreement shall constitute the entirety of the terms of the contract between the Host and the Supplier.

 

  1. Ordering Services. All Services must be ordered by the Host from the Supplier directly. Services must be ordered by the Host through the Supplier’s website, or through any other method expressly authorized by the Supplier, including, but not limited to, telephone or email Service bookings.

 

  1. Order Schedule. All rentals provided by the Host to the Guest and facilitated by the Supplier, and any other Services ordered from the Supplier by the Host are set out expressly on the order schedule form expressly consented to by the Host at the time of booking Services from the Supplier (the “Order Schedule”) which, together with this Agreement, constitute the entire agreement between the Host and the Supplier. Any material alteration, including but not limited to, any alteration to term, price, product, payment schedule, or service must be documented in a revised Order Schedule, which must be signed or expressly consented to by the Supplier and the Host, and which shall be referenced to, and form part of, this Agreement.

 

  1. Listing by Supplier; Attribution. The Supplier and Host can decide if the Property will be listed on Supplier’s name (Casadell) or Host’s name. This will be mentioned in the Order Schedule.

 

  1. Listings by entity Other than Supplier.

 

  1. Hosts. In the event that a Host does not order Property listing and rental Services from the Supplier, but does order other Services including but not limited to cleaning, staging, or professional photography, the Host is solely responsible for all aspects of renting the Host’s Property including managing all listings and collecting all payments and the Supplier is not responsible for any elements of Property listings or rental of the Host’s Property, and Supplier expressly disclaims any liability or responsibility for any loss, claim, damage, harm or any other injury to person or property, including non-payment for rental property, arising in connection with a booking or listing made other than via the Services.

 

  1. Access to Property. Upon reasonable notice and proper authorization, the Supplier and/or its Agents shall be granted access to the Property provided by the Host in order to render Services and/or assess the quality of the Property for the purposes of facilitating rentals to Guests.

 

  1. Property Appearance. The Supplier reserves the right to rearrange the belongings of the Host in the Host’s Property or add items to the Host’s Property in order to facilitate Guest rentals in an optimal manner.

 

  1. The Supplier shall attempt to respond to Host queries or complaints in a commercially reasonable manner. The Host shall also attempt to respond to the Supplier’s concerns in a commercially reasonable manner.

 

  1. No contact between Host and Guest. The Host shall not contact the Guests directly regarding any rental or other Services facilitated by the Supplier. In the event that the Host wishes to solicit direct feedback from the Guest, the Host shall make such a request through the Supplier.

 

  1. No Access to Property During Rental Term. During the Guest rental, the Host shall not enter upon the Property. In the event that the Host requires access to the Property, such a request shall be made and facilitated directly through the Supplier.

 

  1. Cancellation by Host; Cancellation Penalty. Any unilateral cancellation of the Agreement by any Host before the expiration of the Term set out in the Order Schedule shall be subject to a cancellation fee in the amount established in the Order Schedule for the Property. For each Property listed by a Host through the Supplier’s Services, Host shall provide to Supplier a post-dated deposit cheque in the amount set out in the Order Schedule. Such deposit cheques will be held by Supplier, and shall only be deposited in the event of a unilateral cancellation of the Agreement by the Host. Any uncashed cheques will be returned to the Host upon completion of the Services.  Supplier reserves the right to refuse to perform any Services until a deposit cheque has been received by Supplier.
  1. Prices and Payment
    1. Guest Payments. All payments for Services, credit card or otherwise shall be processed, collected, and or remitted by the Supplier either directly or through a Third Party Site. If for any reason the Host is provided with credit card or other payment/personal information (the “Information”) of the Guest, the Information shall be kept confidential by the Host and/or destroyed securely. The Host is liable for any misuse or disclosure of any Guest credit card information by the Host which may result in any direct or indirect damages to the Guest.

 

  1. No Guest Access to Property until Payment Received. The Supplier reserves the right to withhold Property rentals to the Guest pending the approval and confirmation of payment from the Guest. All applicable federal, provincial and local taxes (including HST) shall be added to the amounts payable and shall be paid by the Guest to the Host via the Supplier.

 

  1. Amendments to Order Schedule. The Host may upgrade the Services provided through the Supplier upon execution of an amended Order Schedule through the Supplier’s website or through any other method expressly agreed upon between parties. Payment for any additional Services must be made immediately upon amendment and order of the additional Services by the Host using the Supplier’s website or other expressly agreed method.

 

  1. All terms with respect to refunds, reimbursements, or any other compensation to be provided to the Host shall be set out in the Order Schedule(s). The Host shall not receive any refunds, reimbursements, or compensation of any kind if the Host orders any Services and, other than the exceptions set out in this agreement or the Order Schedule(s), does not make the adequate arrangements to receive said Services, including but not limited to informing the Supplier of why the rental property cannot be utilized on the scheduled time or date, or failing to make suitable arrangements for an alternate time or date with the Supplier within a reasonable time.

 

  1. Modifications to Property Description. The Supplier reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time without prior notice to the rental property descriptions, warranties, and prices, due to errors, changing costs, new market conditions, or any other business factor.

 

  1. Services Limitations. The Supplier’s website can be accessed from Canada and other countries around the world. Notwithstanding, the Host understands that at the discretion of the Supplier, or due to changing circumstances, some or all Services provided by the Supplier may not be available to persons or entities, including but not limited to persons residing in certain jurisdictions or geographical areas. The Supplier reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any Services to a person or entity residing in any jurisdiction or geographical area.

 

  1. The Supplier does not withhold any taxes and Hosts are entirely responsible for their own tax obligations. The Supplier recommends that the Host seek the advice of a tax professional if the Host is unsure of how to report this income.

 

  1. Cleaning Protocol & Alternative Accommodations
    1. Cleaning the Property. The Supplier shall clean the rental Property before the beginning of the Guest’s stay (the “First Cleaning”) and after the completion of a Guest’s stay at the Property (the “Second Cleaning”). The Host shall pay the Supplier to perform the First Cleaning at the cost and in the manner set out in the Order Schedule. The cost of the Second Cleaning shall be borne by the Guest at a rate as determined between the Guest and Supplier. Any payments made to the Supplier by the Guest for the purposes of the Second Cleaning are the sole property of the Supplier and shall not be transferred to the Host. Any additional cleanings required or requested by the Host shall be mutually agreed upon between the Host and Supplier in the manner and for the cost as set out in the Order Schedule.

 

    1. Inspection Report. At the time of the key exchange whereby the Host shall provide the Supplier with the necessary key and/or fob required for the Guest to use the Property, or at another time expressly consented to by the Supplier, the Supplier shall complete an inspection report of the Property which will list the presence and condition of major items and appliances in the Property belonging to the Host as well as any items which the Supplier may use to decorate the Property in order to make it more suitable for rental such as paintings, plants, and small decorations (the “Inspection Report”). The Inspection Report shall be completed in the presence of the Host and the Host shall sign off on the completed report and will receive a copy. The Inspection Report shall be used in the event of any potential disputes regarding damage or theft to the Property and possessions of the Host and/or the items used by the Suppliers to decorate the Property for rental. Hosts are reminded to remove or place in safe keeping any valuables which are not essential for the Guests to utilize the Property during their stay.

 

    1. Cleaning Fees. In addition to the Second Cleaning, the Supplier may further charge Guests for clean-up services as part of the Property rental and listings. Any cleaning fees paid by a Guest to the Supplier, including fees associated with the Second Cleaning, are wholly the property of the Supplier and will not be included in any amounts owing to the Host for property rental and Guest stay.

 

    1. Property Repairs during Rental Property; Host Liability. If, during the course of a Guest’s stay, a major repair is required at the Property which makes the Guest’s stay unfeasible including but not limited to problems with the bathroom, shower, water pressure and temperature, air conditioning or cooling, or kitchen appliances, the Supplier reserves the right and sole discretion to find alternative rental accommodations for the Guest, and the Host shall be liable for all costs associated with this alternative arrangement for the Guest.

 

    1. Pre-Rental Inspection. The Supplier reserves the right upon inspection and prior to commencement of the First Cleaning, to assess if a Property requires more work than is commercially reasonable in order to clean the Property and make the Property habitable for a Guest. In the event that the Supplier assesses the Property in such a manner, the Supplier reserves the right to find alternative rental accommodations for the Guest and/or cancel the rental agreement with the Host for the Property, and any associated costs including but not limited costs associated with finding alternative arrangements and cancellation fees shall be borne by the Host.
  1. Rounding off
    1. The Supplier may round the currency in which payment is made by a Guest or Host to the closest denominator. For example, $1.49 may be rounded to $1.00 and $1.51 may be rounded to $2.00.

 

  1. Term and Termination
    1. Effective Date. This Agreement will come into force upon express acceptance through electronic or any other form express acceptance and execution by the Host and Supplier and shall remain in force until Services have been rendered, amended expressly by both parties, or unless otherwise terminated in accordance with this Agreement and the Order Schedule(s).

 

  1. Cancellation by Host; Cancellation Fee. If the Host unilaterally cancels Services to be provided by the Supplier prior to the agreed Term and Conditions in the Order Schedule(s), Host agrees that Supplier shall be entitled to deposit the deposit cheque in accordance with subsection 7(j) of this Agreement.

 

  1. Host Liability for Guest Relocation. If the Host in any way impedes a Guest’s stay in any manner including but not limited to not allowing the Guest to access the Property, the Supplier reserves the right to make alternate arrangements for the Guest and the Host shall bear sole liability for any costs or damages associated with such activities and shall fully indemnify the Supplier.

 

  1. Competing Listings.

 

  1. Host. Once a Host has agreed to list the Host’s Property for rental through the Supplier and has entered into a rental agreement with the Host for said Property, the Host cannot create any competing rental listings for the Property on any Third Party Sites or elsewhere (“Competing Listings”). If the Supplier discovers any such Competing Listings, the Supplier reserves the rights to cancel the rental agreement for the Property immediately and the Single Property Host shall bear any and all costs associated with this cancellation including termination fees as set out in the order Schedule.

 

  1. Cancellation by Supplier. The Supplier reserves the right to cancel this Agreement and/or any Order schedule related to the Hosts ordering of rental or other Services from the Supplier in the event that the Host fails to make adequate disclosure of any factors which would make rental of the Property to a Guest not possible including but not limited to infestation at the property, construction in/or around the Property that causes excessive disturbance to the Guest, and any law or by-law applicable to the Property which would disqualify the Property from rentals in the manner set out in this Agreement and/or the Order Schedule. In the event that the Host fails to make such relevant disclosures, the Supplier may cancel the Agreement and Order Schedule, and penalties will apply in the manner set out in the Order Schedule.

 

  1. Force Majeure
    1. Neither the Supplier or Host is responsible for a failure to fulfill its obligations under this agreement or for delay in doing so if such failure or delay is due to circumstances beyond its control, such as, but not limited to, acts of God, acts of government, war, riots, strikes, or accidents in transportation. The parties agree to immediately provide notice of any such circumstances and undertake to restore the status quo as soon as is feasible.

 

  1. Liability
    1. Host Insurance. The Host understands that the Supplier requires the Host to have Home Insurance, or if not covered on the standard Home Insurance policy, Commercial Home Insurance, so that the Host has liability insurance coverage for any loss or damage that may occur which includes loss or damage related to authorized rentals of the Hosts Property. Although the Supplier may take measures to assess if the Host has adequate Insurance, the Supplier shallot bear any liability in the event that the Host does not have Insurance and the Guest and/or any other party makes a claim for damages suffered as a result of Host not having adequate Insurance. This liability will be assumed byte Host alone. The Host agrees to indemnify and save harmless the Supplier for any and all claims, charges, suit and any other costs whatsoever in relation to a failure by the Host to maintain adequate Insurance. The Host is informed that their property insurance may not provide adequate insurance protection and advises the Host to review their policy and make amendments to their coverage where necessary.

 

  1. Supplier Liability. The Supplier’s role in the transaction will be limited to listing and facilitation of rentals and transfer of payments from the Guest to the Host at an agreed upon price plus taxe(s). Casadell requires that the Host obtain their own liability insurance to cover any potential claims and carefully review the policy, exclusions and deductibles to ensure that they are adequately covered in the case of a liability suit. If you choose to hire the Supplier’s photographers, you also consent to the possibility of those photographs taken being used by the Supplier for advertising, marketing, commercial and other business purposes in any media or platform that it may choose in advancing its business interests. Neither the Supplier nor any other party involved in creating, producing, delivering or maintaining the site, content, programs or service will be liable for any incidental, special, exemplary or consequential damages and they will not be liable for lost profits, loss of data, loss of goodwill, failure of computer systems, cost of product substitution, service interruption, interaction with users from the site, personal or bodily injury or emotional distress that may arise out of or in any way connected with these terms even if the Supplier has been informed of the possibility of such damages and the remedy offered failed in its essential purpose.

 

  1. No other Representation or Warranties. Other than as set out in Section 7, the Supplier makes no representations or warranties of any nature whatsoever, whether expressed or implied, with respect to the Services.

 

  1. Limitation of Liability. In the event that the Supplier is found liable to the Host for any direct damages resulting from the rendering of Services, this will be limited to direct damages and shall not exceed the total amount paid by the Host or $200, whichever is less, tithe Supplier for the service rendered during the period giving rise to the claim EVEN IF CASADELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Under no circumstance will the Supplier be liable for any indirect or consequential damages, including, but not limited to, damages resulting from loss of use of the Service(s), lost profits, lost revenue, damages to third parties, or damage or theft of any of the personal property of the Host by the Guest or Agents or relations of the Guest including personal property located at the rental property of the Host or the Property of the Host itself. If an Agent of the Host commits damage or theft on the rental property, and it is proven to have been caused or committed by an Agent of the Host through irrefutable evidence provided by the police, the Host shall bear liability and damage costs for that loss. The Host shall further bear liability for any damages or theft to items belonging to the Supplier which the Supplier may use to decorate or stage the Host’s Property if reasonable evidence is found which shows that the Host and/or its Agents caused such damage or theft to the items belonging to the Supplier.

 

  1. No Liability for Third Party Services. As stated in section 2 of this Agreement, all Services provided by the Supplier and its Agents must be ordered directly through the Supplier’s website or through any other means expressly authorized by the parties. The Supplier accepts no liability for any damages resulting from the services provided by any third party (including, but not limited to, the Host or any Agent of the Host). The Supplier further accepts no liability for any damages resulting from the services provided by any third party, including but not limited to any Agents of the Supplier, the Host, and/or the Hosts’ Agents, if such services were not expressly ordered through the Supplier, even in the event that any third party may hold itself out as acting for the Supplier, or if the Host or its Agent(s) may engage in a private agreement with a Guest not booked or facilitated directly through the Supplier.

 

  1. Guest breach of Contract. In the event that a Guest unilaterally overstays the Term of the Guest’s rental without any express approval of the Host and/or refuses to leave the Property the Supplier shall work in coordination with the Host, any relevant Third-Party Website or company used to list the booking, and the relevant authorities to try and resolve the situation for the Host, but the Supplier does not accept any liability for direct or indirect damages or losses which the Host may suffer as a result of the Guest’s actions with respect to overstaying the Term of the stay. Any and all costs not borne by a relevant authority or Third Party website shall be borne by the Host and not the Supplier.
  1. Indemnity
    1. You agree to indemnify and hold Casadell and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal and other professional fees), arising out of or in connection with: (I) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party, including Third Party Providers.
  2. Warranties and Guarantees
    1. Each party warrants that it has the right to enter into this Agreement.

 

  1. Except for the express warranties contained in this agreement, the Supplier and Host disclaims all warranties, expressed or implied, including but not limited to, the implied warranty of merchantability and fitness for a particular purpose.

 

  1. Supplier warrants that the Service(s) provided hereunder will be of professional quality, provided in accordance with industry best practices and meet the product performance specifications set out in each Order Schedule(s).

 

  1. Intellectual Property& Confidential Information
    1. Intellectual Property. All copyrighted works (including data), trademarks, trade names, inventions, and/or trade secrets (collectively “Intellectual Property”) owned or controlled by the Supplier remains the Supplier’s exclusive property. All Intellectual Property developed by the Supplier to facilitate the delivery of its Services, is owned or controlled by the Supplier.

 

  1. Customer Lists. All Guest and customer lists maintained by the Supplier are the property of the Supplier and shall not be used in any manner by the Host including for the purposes of soliciting or interfering with the business of the Supplier

 

  1. Privacy and Protection of Data
    1. Collection of Personal Information. All personal, consumer, and private data such as the Host’s name, address, telephone number, email address, banking information, credit card or payment information and any other information considered to be private by relevant legislation and statute or which reasonably would be considered to be private provided by the Host to the Supplier shall be held securely and confidentially by the Supplier and shall not be used other than for the purposes for which it was provided which include but are not limited to authorizing payment for Services, communicating with Hosts, Guests, Vendors, Agents, and Third-Party Websites, compliance with any mandatory legal obligations with respect to disclosure of Customer information, responding to any legally actions, suits, or claims against the Supplier, facilitating the use of Host user accounts, resolving any potential Guest complaints, and disclosing any information to third party vendors or organizations required to help us fulfill the delivery of Services.

 

  1. Protection of Personal Information. The Supplier will make all commercially reasonable efforts to maintain the privacy and integrity of data but does not accept liability for any high level hacking or compromise of its servers, systems, and information by illegal hackers or entities causing damage or disruption to the Supplier. In such events the Suppliers shall work diligently to preserve and repair any breaches of private information.

 

  1. No Liability for Third Party Breach. The Supplier is not responsible for any breaches of personal information which may occur on Third-Party Websites which may be used to list and manage Property rentals or for other relevant Services.

 

  1. General Provisions
    1. No Waiver. No waiver of any part of this Agreement or Order Schedule(s) shall be deemed to be a waiver of any other provision in this Agreement. No waiver is to be interpreted as a continuing waiver unless agreed to in writing by the parties.

 

  1. Conflict with Order Schedule. Each of the sections in this Agreement and each provision in the Order Schedules are intended to stand alone, except where referenced. In the event of any conflict, the terms and conditions of this Agreement shall take precedence. Should any provision of this Agreement or the Order Schedule(s) be held to be invalid, all other provisions will remain in effect and are enforceable by the parties.

 

  1. The headings are included for ease of reference only and do not form part of the Agreement.

 

  1. Governing Law. The legal interpretation of the substantive portions of this Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.

 

  1. Entire Agreement. This Agreement and the Schedules constitute the entire agreement between the parties, and no amendments shall be effective unless made in writing and accepted by the parties.

 

  1. The parties have acknowledged and accepted that this Agreement and Order Schedule(s) be drafted in English. Les parties présentes ont exigé que cette entente et tous documents s’y rapportant soient rédigés en anglais.

 

  1. This Agreement is for the benefit of, and binding upon the parties hereto, and their successors and assigns.

 

  1. Neither this Agreement nor the performance of the obligations under this Agreement shall be assigned by the Host. The “Supplier” may assign its rights or obligations under this agreement to any other party at any time without notice to the Host.

 

  1. Relationship of the Parties. The relationship between the parties is contractual and the Supplier is an independent consultant facilitating Services on behalf of the Host. Under no circumstances shall this agreement be construed to create a partnership, joint venture, or any other financial obligations between the Host and the Supplier.

 

  1. All notices under this Agreement shall be in writing and may be sent by electronic copy or registered mail to the “Host” and “Supplier” at their respective addresses, unless otherwise amended. Any such notice shall be effective on the day of delivery, if sent by electronic means; [seven] days from the date of mailing if sent by mail; or on the next business day, if sent by courier.

 

  1. Time is of the essence of the Agreement.

 

  1. Electronic Contracting
    1. Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND ACKNOWLEDGE THAT YOU HAVE PAID FOR THE TRANSACTIONS AND SERVICES ORDERED BY YOU. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTERED INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, AND CONTRACTS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

 

  1. Dispute Resolution
    1. Arbitration. In the event that a dispute, violation of terms of agreement, claim, controversy or disagreement that may relate to the terms outlined above, enforcement of an agreement, validity thereof, or interpretation of a clause, the parties may consider the use of arbitration outside of a court of competent jurisdiction. The cost of the arbitration process will be divided equally by the Host and the Supplier unless the arbitrator finds that either the substance of Host claim or the relief sought by the Host is frivolous, in which case, the Host shall bear all costs and expenses of the arbitration including attorney’s fees.

 

    1. Arbitration Procedures. The party who desires to initiate arbitration must make the request to the other party in writing. The opposing party must respond to the request within (7) days. If the parties are unable to agree on an arbitrator within (7) days of the opposing party receiving the request for an arbitration, then one will be appointed by the Canadian Arbitration Association (CAA). The Supplier may, at its choosing, decide to pursue legal fees if it prevails in the arbitration, unless the parties jointly agree waive this right in writing prior to the arbitration process. The Supplier may change its terms with respect to the dispute resolution process if it advises the Host in writing prior to the initiation of any legal claim by the Host.