Delawana Resort Terms & Conditions
The following terms and conditions (“Agreement”) form a legally binding agreement between 2387584 Ontario Inc. (“Delawana”, “our”, “us” or “we”) and you (“you” or “your”), being the individual making a reservation for rental of accommodations at the Delawana Resort (the “Resort”), and apply to: (a) your booking of accommodations at the Resort; and (b) your and your guests’ use of the Resort including, but not limited to, its facilities, accommodations, equipment or other property.
Please thoroughly review all of the terms and conditions of this Agreement before booking any of our accommodations.
By booking an accommodation with us, you are agreeing to be bound by this Agreement.
Deposit(s)/Payments, Cancellations and Refunds
A 50% reservation deposit is due at the time of booking for your suite, cottage or family cottage; any balance is due 7 days prior to check-in.
A 50% reservation deposit is due at the time of booking for your room, or family room; any balance is due 90 days prior to check-in.
Rates are quoted in Canadian Dollars and are subject to applicable HST. Charges are for the use of the assigned accommodation unit and available facilities only.
Cancellation of a reservation is subject to the following fees:
- 60 days or more = $50.00 processing fee;
- 31 to 59 days prior to arrival = 50%of the reservation deposit;
- 30 days prior to arrival = full surrender of the rental deposit.
There are no refunds for late arrivals or early departures. Accepted methods of payment include Visa or MasterCard. A valid credit card must be presented at the time of check-in.
By entering into this Agreement, you authorize us to charge your credit card or other accepted payment method for all applicable amounts set out in this Agreement.
Security Deposit: Pre-authorized security deposits are required for all bookings as follows: family cottages: $1,000.00, cottages and suites: $500.00; and rooms: $250.00.
All accommodations are self-catering and self-serving. We recommend bringing your own linens, blankets, comforters, pillows, and towels. Linens, towels, blankets, and comforters are available at reception at an extra charge. There are pillows available to guests and left in each unit for the season.
Only those persons listed in the reservation may occupy the property at any time. Occupation by anyone NOT listed will result in immediate eviction without refund or at the discretion of Delawana a $25 per person per day charge, regardless of duration, without notice. Additional persons may be allowed by prior arrangement with office staff only and shall be subject to rates and conditions in place at the time. There are no Day Passes available for visitors; day visitors will be subject to the same rates and conditions as an overnight guest.Exceeding the Maximum Occupancy of the unit will result in immediate eviction without refund, or at the discretion of Office Staff a $100 per guest per day charge, regardless of duration, without notice.
Bookings may be denied from non-family groups or groups composed of all adults. We reserve the right to make the final decision as to the acceptance of bookings.
Reservations are typically for a specific accommodation unit which at times may not be available. Delawana reserves the right to assign a different accommodation unit in the same or a superior class of accommodation units prior to check-in. Delawana reserves the right to enter the unit on reasonable notice for maintenance or repair.
You must be at least 25 years old to rent a family cottage. You must be at least 21 years to rent a cottage, suite, or room. We reserve the right to request proof of identification upon check-in.
All units are to be left tidy and in the condition you found them. Garbage is to be appropriately placed in designated bins. A cleaning checklist shall be completed and signed by you. An inspection will be made by Delawana personnel before your arrival and after your departure. If accommodations are not left in a satisfactory state, charges against your security deposit will be incurred. Any damage to the Resort or its facilities, equipment or other property will be assumed by you. DAMAGE EXCEEDING THE VALUE OF YOUR SECURITY DEPOSIT WILL BE CHARGED TO THE CREDIT CARD BEING USED FOR YOUR SECURITY DEPOSIT.
Check-In is 4:00pm & Check-Out is 11:00am.
Guests may request a late checkout subject to availability and rates and conditions in place at the time.
Wristbands: Wristbands are required to be worn at all times by guests of the Delawana Resort. Wristbands are supplied at check-in for all registered guests of the resort. Wristbands are required for the use of all amenities and facilities that are included in your stay, and will be limited without. We reserve the right to request proof of registration when wristbands are not being worn. It is the Booker’s responsibility to ensure all of their guests are properly wearing and displaying their wristbands at all times, regardless of the guests’ duration of stay. Guests without wristbands will be assumed to be unregistered guests and the applicable Booker’s account will be charged as per the Accommodation Rentals section at the discretion of Office Staff, without notice.
Pets: Pets are not permitted on the Resort or in the accommodations at any time.
The Delawana Resort is, however, committed to welcoming people with a disability who are accompanied by a trained service animal. Renters (or guests of renters) accompanied by a Service Animal must read, sign, and agree to the Owner’s Service Animal Agreement prior to arrival.Failure to meet these restrictions will result in immediate eviction without refund, and at the discretion of Office Staff an appropriate cleaning fee will be charged against the security deposit.
Please note the Resort does have a Yellow Lab mascot named “Gertie”.
Quiet Hours: Quiet hours are from 11:00pm to 8:00am.
Smoking, Cleaning of Fish and/ or Damages to Resort Property: Smoking, cleaning of fish, or cooking offensive smelling food is not permitted in any of the accommodations. Should the accommodations have any sign of smoking, cleaning of fish, or odour, an appropriate cleaning fee will be charged against the security deposit. Unlicensed vehicles are not permitted (including Golf Carts, ATVs, Side-By-Sides).
Parking Permits and Keys: A single parking permit to use while at the Resort will be provided and must be displayed at all times. Gate access cards are also provided. Replacement accommodation keys are $5.00 each. Replacement gate access cards are $20.00 each. Additional parking is subject to availability and applicable rates.
WiFi: Complementary limited WiFi service is available through most of the Resort.
Amenities and Facilities: Please remember that all amenities are on a seasonal, weather dependent schedule. We reserve the right to close any facilities at our discretion without prior notice. In the case of unforeseen events, Delawana will make reasonable efforts to remediate the situation. Delawana shall not be liable for non-utilization of package components or loss of recreational opportunities due to weather, power failure, or any other circumstance beyond our control. Please note that our facilities and accommodations do not have generators.
Boat Docking & Trailer Parking: Boat docking and trailer parking is available with overnight accommodations. Please inquire as to availability and rates.
Inflatable Waterpark Rules & Regulations:
Only available during the months of July and August.
ONLY REGISTERED DELAWANA RESORT GUESTS ARE PERMITTED ON EQUIPMENT AND PROPERTY; NO MORE THAN 10 PERSONS PERMITTED ON THE SLIDE OR TRAMPOLINE AT ONE TIME; THE SLIDE AND TRAMPOLINE CAN ONLY BE USED BETWEEN 9:00AM AND 8:00PM DAILY; CHILDREN USING TRAMPOLINE OR SLIDE MUST BE SUPERVISED BY AN ADULT AT ALL TIMES; ANY PERSON USING SLIDE OR TRAMPOLINE MUST BE A COMPETENT SWIMMER; DO NOT USE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; NO SWIMMING UNDER THE SLIDE OR TRAMPOLINE; HORSEPLAY OR ANY FORM OF INAPPROPRIATE BEHAVIOR WILL NOT BE TOLERATED; NO DIVING. ANY ENTRY INTO THE WATER MUST BE DONE FEET FIRST; DO NOT SLIDE DOWN THE CLIMBING WALL, ONLY USE THE SLIDE FOR WATER ENTRY; KEEP ALL WATERCRAFT'S 30 FEET FROM SWIMMING AREA AT ALL TIMES; LIFE JACKETS ARE RECOMMENDED AND CAN BE SIGNED OUT AT GUEST SERVICES; AQUAGLIDE SUMMIT NOT INTENDED FOR USE OF CHILDREN UNDER 5 YEARS OF AGE; THOSE WHO DO NOT FOLLOW RULES WILL BE BANNED FROM USING THE SLIDE OR TRAMPOLINE FOR THE LENGTH OF THEIR STAY.
Risk, Renter’s Use of Delawana Resort
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RESORT (INCLUDING, BUT NOT LIMITED TO, ITS FACILITIES, EQUIPMENT OR OTHER PROPERTY LOCATED ON OR IN THE RESORT OR ANY OF ITS ACCOMMODATIONS) AND ALL SERVICES OFFERED BY THE RESORT ARE OFFERED ON AS “AS IS”, “WHERE IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OR BASIS. DELAWANA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, AND THERE ARE NO CONDITIONS, ENDORSEMENTS, UNDERTAKINGS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO, ARISING OUT OF, OR RELATED TO, THE RESORT (INCLUDING, BUT NOT LIMITED TO, ITS FACILITIES, EQUIPMENT OR OTHER PROPERTY LOCATED ON OR IN THE RESORT OR ANY OF ITS ACCOMMODATIONS), ANY SERVICES OFFERED BY DELAWANA OR THIS AGREEMENT.
To the maximum extent permitted by the law, you agree to release, indemnify and hold harmless Delawana, its employees, officers, directors, representatives and agents (collectively, the “Delawana Group”) from and against any and all claims, demands, losses, damages or expenses (including reasonable legal fees) any kind whatsoever (including, but not limited to, consequential and economic losses, property loss/damage and damages for injury, including personal injury, permanent disability, or death) arising out of, caused by, alleged to be caused by, attributable to or resulting from, in whole or in part, by you or your guests or invitees’ negligence, breach of any duty of care (including, but not limited to, any statutory duty), breach of contract), or any other act or omission of you or Your Party as a result of or in connection with your booking, or your stay at the Resort, or you or your guests or invitees’ use of the Resort, or its facilities, equipment except to the extent such expense, cost, liability, claim, action, proceeding, damage, judgment or loss arose out of, was caused by, attributable to or resulted from Delawana’s negligence, wrongful acts or omissions or breach of this Agreement.
To the extent permitted by law, the aggregate of Delawana’s liability to you is limited to an amount not exceeding the amount paid by you for your booking.
Each indemnity and any limitations of liability in this Agreement is a continuing and independent obligation and survives the termination or expiry of this Agreement.
Delawana assumes no responsibility for loss through fire, theft, collision or otherwise to the personal property, automobile, boats or other watercraft or their contents, whether due to negligence or otherwise.
Use of the Resort, its facilities, equipment or other property equipment for yourself, your family and your guests is solely at your own risk and subject to the Resort Rules & Regulations, as well as, any applicable municipal, provincial or federal laws and regulations.
The signatory agrees to save harmless the Resort, its employees, officers or agents from any claims whether in contract or tort, by or on behalf of all those admitted to the Resort pursuant to or because of this agreement.
You acknowledge that you are entering into this Agreement voluntarily and that in entering into this Agreement, you are not relying on any oral or written representations made by the Delawana Group with respect to the Resort or its facilities, equipment or other property (other than as set out in this Agreement).
This Agreement will be binding upon you and your heirs, next of kin, executors, administrators, assigns and representatives and will ensure to the benefit of Delawana and the Delawana Group and their respective heirs, next of kin, executors, administrators, representatives, assigns, affiliates and successors. Delawana is receiving the benefit of this Agreement as agent and trustee on behalf of each of Delawana Group and may enforce this Agreement on their behalf.
You agree that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the Province of Ontario, and that if any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement will remain in full force and effect. This Agreement will be governed by and interpreted in accordance with the laws of the Province of Ontario and you hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario.
By accepting this Agreement, you acknowledge that you have read and understood the terms and conditions of this Agreement.