Terms & Conditions
Effective date : 7 May 2024
Acceptance of Terms and Conditions
By utilizing the charpstay.com website, services or applications, that is owned by BookOTL inc., you are consenting to adhere to these Terms and Conditions. Should you not consent to these terms, refraining from using our services is necessary.
Modification of Terms and Conditions
BookOTL retains the authority to alter these terms at any given moment. Such modifications will take effect immediately upon being posted on the site, and your ongoing use of the service will signify your acceptance of these alterations. A notification will be provided to all BookOTL clients when Terms and Conditions are modified.
Eligibility
To create an account on charpstay.com and access its services, you must be at least 18 years old. By using charpstay.com, you confirm and guarantee that you meet this age criterion.
Account Registration
To utilize specific features of charpstay.com, you are required to register and create an account. You commit to providing accurate, up-to-date, and complete information during the registration process and to maintain its accuracy, currency, and completeness.
User Responsibilities
You bear responsibility for your actions while using charpstay.com and any outcomes arising from them. Your usage of charpstay.com must adhere solely to legal, appropriate purposes in accordance with these Terms and Conditions and relevant laws, regulations, or generally accepted practices or guidelines in applicable jurisdictions.
Privacy Policy
Your usage of charpstay.com is governed by BookOTL Privacy Policy, detailing how we collect, utilize, share, and safeguard your personal information. Please refer to the privacy policy page for all details
Intellectual Property
All content on charpstay.com, including text, graphics, logos, images, and their compilation, along with any utilized software, is the property of BookOTL inc. or its suppliers. This content is safeguarded by copyright and other intellectual property and proprietary rights laws.
Cancellations and Refunds
Cancellations and refunds policies will be clearly outlined and accessible to both guests and hosts. Users must agree to these policies at the time of booking.
Limitation of Liability
Charpstay.com holds no liability for indirect, incidental, special, consequential, or punitive damages, nor any loss of profits or revenues, whether incurred directly or indirectly. This includes any loss of data, use, goodwill, or other intangible losses resulting from your access to, use of, or inability to access or use the services.
Indemnity
You commit to indemnify and hold harmless BooOKTL, its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses arising from: your usage and access of the BookOTL service; your breach of any provision of these Terms and Conditions; or your infringement of any third-party rights.
Governing Law
These Terms and Conditions are governed by and interpreted in accordance with the laws of the jurisdiction where BookOTL is headquartered (Province of Quebec, Canada), without regard to conflicts of law principles.
Dispute Resolution
Any disputes arising from these Terms and Conditions or the usage of BookOTL shall be resolved through binding arbitration, following the arbitration rules of BookOTL’s jurisdiction.
Termination
BookOTL reserves the right to terminate or suspend your access to all or part of the service at any time, with or without cause, and with or without prior notice, effective immediately.
General
These Terms and Conditions constitute the entire agreement between you and BookOTL concerning the use of BookOTL service and website charpstay.com. BookOTL’s failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of such provision or any other rights.
Contact Us
If you have inquiries regarding these Terms and Conditions, please reach out to us at admin@charpstay.com.
BookOTL inc. obligations
1. BookOTL Inc. offers the possibility to list properties on its rental website charpstay.com as well as on other rental sites following the choice made by the owner during the creation of their property.
2. BookOTL offers three services to the owners: Self managed, Semi managed, Full managed. Please refer to the details of these services directly on charpstay.com
3. According to the terms and conditions herein, the owner authorizes BookOTL to accept short-term reservations of the property, except for excluded dates reserved by the owner for personal use.
4. The owner and BookOTL agree to affirm that the rental of the property is devoid of any form of discrimination, whether based on race, religion, skin color, gender, age, or origin.
5. In compensation to BookOTL, and according to the service selected by the owner (Self-managed, Semi-managed, Full management), the following commission fees will be collected following each rental:
a. Regardless of the service chosen by the owner (self, semi, and full management), 5% of the nightly rate will always be charged directly to the guests.
b. Self-managed service: 0% commission fees will be charged to the owner.
c. Semi-managed service: 5% commission fees will be charged to the owner.
d. Full management service: 10% commission fees will be charged to the owner.
6. Marketing: BookOTL will promote the property for rent through various channels, including online advertising, internet bookings, social media sites, etc. Therefore, BookOTL will promote the properties on:
i. Its own website charpstay.com (included).
ii. According to the owner's choices, commission-based rental sites such as Airbnb, Expedia, Booking, VRBO, Tripadvisor.
iii. According to the owner's choices, Quebec-based sites with annual fees such as chaletsalouer, chaletsauquebec.
iv. Through digital advertising campaigns: Google AdWords, Facebook, mass email campaigns…
v. Or any other appropriate marketing means.
7. BookOTL must comply with the terms and conditions of other rental sites such as their cancellation policy, disputes, etc. The owner is encouraged to review the terms & conditions of the other sites on which they have agreed to list their property.
8. Calendar Management: BookOTL will keep the centralized calendar up to date reflecting the occupancy and availability of the property, including periods reserved by the owner and his guests (for which the owner is responsible). They will establish an occupancy calendar based on the data provided by the owner and manage bookings accordingly.
9. Exclusity Contract with BookOTL: BookOTL exclusively operates the rental of properties based on the selected service. Consequently, the owner cannot rent their property directly or through a third party.
10. If a property is already listed on other rental sites, such as Airbnb, the owner must either hide or grant rights to BookOTL to manage future rentals. This is required so double bookings and conflicts are avoided.
11. BookOTL has the right to remove a property from its website as well as any other rental site if it does not meet the requirements as described in the Owner's Obligations section below.
12. BookOTL is not required to hold any commercial insurance for the properties listed on its website. It is the responsibility of each owner to maintain active commercial insurance covering the protection of their property for short-term rentals.
13. Damages occurring during a rental:
a. In the event of damages occurring to the property during a rental, BookOTL cannot be held responsible for compensating the owners for either minor or major damages.
b. Some rental sites, such as Airbnb, offer insurance covering damages during a rental. The owner will benefit from this coverage. For more information, refer directly to the other rental sites.
c. Other rental sites, such as charpstay.com, do not offer any insurance in case of damages. Hence, the necessity of requesting a certain refundable security deposit
d. Procedures in case of damage during a rental: For all service offers:
i. Rentals through sites with insurance covering damages:
1. BookOtl will send a form to the property owner, who must fill it out and return it to BookOtl.
2. Subsequently, BookOtl will handle submitting the completed form to the various rental platforms.
ii. Direct rental or through sites without insurance covering damages:
1. The property owner and the client will be put in direct contact to negotiate and finalize an agreement.
2. BookOtl will release the deposit, deducting the amount agreed upon between the property owner and the guest.
a. Note: A certain refundable security deposit has been established by the owner at the time of property listing.Details of BookOTL's obligations:
These terms and conditions include the following responsibilities:
a) Once the owner has listed their property on charpstay.com and depending on their choice to publish it on other rental sites, BookOTL will take care of creating their property on these other sites.
b) Advertising promotion on its own platforms as well as on other travel and tourism sites.
c) Adjustment of rates at its discretion.
d) Reservation management offered as part of the semi and full management services.
e) Handling payments for vacation stays.
f) For the full management service:
i. Customer assistance during their stay is included for the owner.
ii. Check-out cleaning service (staff may be designated either by BookOTL or by the owner).
iii. Communication with clients throughout the reservation process.
iv. Property inspection including inventory upon arrival and departure by the owner.
Prices
1. Information on prices for holiday pitches:
2. Using a specialized pricing tool, BookOTL will establish location rates for each property based on the seasons and specific features of each property. However, when creating the property, the owner must specify the base rate per night.
Example of a Pricing Structure: Self-Managed Scenario
Booking request for two nights:
Price set by the owner based on their profile.
Per night cost = $100/night cleaning fee = $100
Total expected by the owner for this reservation: $300
• Stay (2 x nights) = $200
• Cleaning = $100
CharpStay ensures that the owner will receive the full amount requested. Therefore, the service is provided at no cost to the owner, ensuring that they will not incur any expenses.
Cleaning fees:If the owner selects the full management service, BookOTL will collect all cleaning fees paid by the guest, covering the cleaning of the property. For the two other services, the owner will set the cleaning fees when creating the property on charpstay.com.
Additional Fees and Charges Incurred by the Owner:
Potential Issues Associated with Rentals:
BookOTL takes all necessary precautions to avoid payment issues with tenants or other rental sites. However, a few problems may arise, such as:
Payment disputes with tenants:
BookOTL will take steps to contest payment cancellations so that the owner can recover their earnings. This process may take time and is not guaranteed. In case of failure, the owner will be responsible for non-payment, and BookOTL will not collect its commission.
Booking cancellations:
BookOTL does not accept cancellations after payment unless otherwise notified by the owner confirming a cancellation at no cost to BookOTL.
The owner is responsible for establishing a cancellation policy choice when creating the property on charpstay.com. Then, BookOTL, according to the selected choice, must comply with the cancellation policies of other rental sites. Moreover, we strongly recommend owners to consult the cancellation policies of other rental sites selected by the owner when creating their property on charpstay.com.
Cancellations by other rental sites:
The owner understands that some rental sites offer the possibility to cancel bookings by customers with no penalty fees. Therefore, BookOTL has no choice but to comply with the decisions of other rental sites.
Financial Aspects
• BookOTL will handle the collection of rental payments for the property on various sites and will transfer the revenue to the owner (7 days after check-out unless there is a dispute). For each owner, BookOTL must maintain a record including details for each completed rental. BookOTL will prepare and issue monthly income statements to the owner. BookOTL is not obligated to advance funds to pay expenses or expenses on behalf of the owner.
• BookOTL will send monthly rental income statements to the owner by email, and the owner will have access to an owner portal to view these statements within 15 days following the end of each calendar month. Payment will be made via direct deposit into the owner's designated account, if applicable, or, if agreed upon by BookOTL, by postal mail, by check, to the owner's address. Any transfer involving transaction fees will be at the owner's expense.
• Following each rental, the owner acknowledges and agrees that BookOTL will handle all withholdings including lodging tax as well as GST, QST if applicable, and according to government laws.
• Depending on the rental site and where possible, BookOTL strongly recommends owners to establish a refundable security deposit at an amount of their choice.
These terms and conditions are subject to change based on temporal developments and changing conditions. Updates may be periodically proposed to the owners, who will have the option to accept or decline them. In the event of refusal of the modifications, the property will be removed from the charpstay.com site and any other rental sites while honoring future bookings.
Owner’s obligations
Property creation
1. The owner is responsible for creating an account on charpstay.com and proceeding with the creation of their property.
2. The owner is obligated to obtain all necessary authorizations from the CITQ or any other governmental organization for their tourist accommodation license. We will provide you with the necessary information to comply with the law and obtain the best possible classification.
3. Once the license is obtained, the owner must provide the relevant certificate when creating their property on the charpstay.com site.
4. Additionally, the owner must provide evidence that the property is indeed in their name and exists (Hydro bill, tax account, deed of sale, etc.).
5. Property Insurance: The owner is responsible for obtaining commercial insurance for their short-term rental property, in accordance with Quebec regulations.
6. When creating their property on charpstay.com, the owner can choose the other rental sites on which they would like their property to be published.
7. The owner acknowledges that they have read and accepted the terms and conditions of other rental sites. Under no circumstances is BookOTL Inc. held responsible for the terms and conditions of other rental sites.
8. Photos, Descriptions, and Floor Plan: When creating their property on charpstay.com, the owner is required to provide high-resolution photos of their property. Optionally, and upon written request, BookOTL may recommend the professional services of a photographer, whose fees will be covered by the owner.
Property preparation for short term rentals
9. The owner undertakes to provide a furnished, clean, and well-maintained residence:
a. The property must be ready for short-term rental, with all furniture, decorations, appliances, and utensils necessary. The owner acknowledges that properties must be fully equipped and suggests the use of sturdy materials and furniture, as these homes are subject to normal wear and tear due to frequent rentals.
b. Regular maintenance of the house: It is the owner's responsibility to ensure that the property is always in good condition, including bearing the necessary expenses to counteract normal wear and tear resulting from its use. This includes regular maintenance work to address the needs of the house.
c. Routine property maintenance: It is the owner's responsibility, at their own expense, to arrange for snow removal from the driveway leading to the house in winter, as well as common areas such as terraces, and in summer, any pool opening, lawn mowing, landscaping maintenance, etc.
d. In the case of an outdoor hot tub (spa), the owner is responsible for keeping the spa clean and always maintained.
10. The owner is responsible for finding their own cleaning team if they have selected self or semi-managed services. Regarding the full management service, the owner may suggest their own cleaning service contact.
11. BookOTL recommends the owner to appoint a local maintenance person for the property. This person's task will be to address issues on-site or call in professionals, if necessary, all at the owner's expense. The contact details of this person must be provided to BookOTL if the owner has selected the full management service offered by BookOTL.
12. Building access: The owner will handle the distribution of keys, access codes, alarm codes, etc., to ensure the smooth operation of their property. This service is for their guests and tenants, ensuring that each stay begins without a hitch and offering 24-hour access.
13. Payment of expenses and various services: The owner is responsible for settling all expenses related to their property, including basic utilities (water, sewer, natural gas, electricity, garbage collection, phone, Internet, Netflix, Prime, Disney+, etc., and cable TV) as well as taxes and taxes.
Personal usage of the property by the owner and his own guests
• Calendar Management: The owner or their personal guests are allowed to use their residence as needed, but they must first block and maintain the dates in the centralized calendar on charpstay.com regularly, considering all confirmed bookings that must be honored. In case of a dispute over dates (double booking by the owner and the tenant), the rental takes precedence and must be honored. Otherwise, the owner must bear the penalty fees in case of cancellation (depending on the terms and conditions of other rental sites).
• During periods when the owner occupies the property, they or their guests must adhere to the usual check-in and check-out times and procedures to avoid conflicts with the property rental.
• After each personal stay, the owner must return the house to a rental-ready condition. Any damage that occurs during the personal stay, which prevents future rentals, must be reported to BookOTL promptly.
• During guests rentals: During their stay, guests should be able to enjoy their privacy. The owner's personal effects must be stored in a locked closet, while leaving space for the guest’s personal belongings.
• In case of partial use or unavailability: The owner must reimburse tenants for any partial use of the house. If tenants need to be relocated due to issues with the rented house, the cost of alternative accommodation will be borne by the owner. If this alternative accommodation is more expensive, the owner will be required to pay the difference.
Property to sell or sold
The owner agrees to inform BookOTL in writing if the unit is listed for sale during the term of this agreement. BookOTL disclaims any responsibility for any loss suffered by the owner because of handing over the keys of the unit mentioned in this contract to real estate agents or potential buyers. The owner or their designated representative must inform BookOTL of all visits to the unit to protect against unauthorized entries, and these visits must be approved by BookOTL. If the unit is sold during the term of this agreement, the owner agrees that this sale will be subject to all confirmed bookings for 60 days after the notice date, and only when the closing date is known. The owner has agreed to pay the full commission on the bookings. In the event of early termination of the contract before the 60 days, the owner will be charged accordingly for this early termination.
Termination
Termination by the Owner: Early Termination Fees. You may, for any reason and at any time, cancel our services for all or part of your property by sending notice via email to admin@charpstay.com, and your termination will be effective immediately upon receipt of your notice. However, the terms of this agreement will continue to apply to all confirmed bookings before this notice and will remain in effect until all such bookings are completed.
Confirmed Bookings, Survival: The owner will honor all bookings scheduled for the property before the termination of services, and this agreement will survive for this period with respect to these bookings.
Suspension or Termination by BookOTL: We may, at our sole discretion and without any liability to you, with or without cause, for any reason or no reason at all, and with or without notice, suspend or terminate your access to our services; or modify or discontinue, temporarily or permanently, any part of our services. If BookOTL terminates this agreement and your access to our services, BookOTL will notify you, and the termination will be effective on the date identified in the notice. If BookOTL terminates this agreement due to your breach, all existing bookings at your property will be considered cancellations by the owner.