Canalside Inn Policies, Terms and Conditions

AGREEMENT BETWEEN CUSTOMER AND BKD PARTNERS, LLC d/b/a CANALSIDE INN. 

The terms “we”, “us”, “our” and “Canalside Inn” refer to BKD Partners, LLC d/b/a Canalside Inn, a Delaware limited company located at 34 6th St. Rehoboth Beach, DE19971, USA, and/or our subsidiaries. The term “you” refers to the customer booking a reservation via direct booking on our website or through a reservation made via phone and any other communication medium, or one of our affiliates (the “Affiliate”) where you choose the option to pay online immediately for the entire reservation balance, or to hold your room with a deposit (a “Reservation”) via our website, via phone and any other communication medium, or our own, or  the Affiliate’s, website or through our own, or  the Affiliate’s, customer service agents. These booking services offered by Canalside Inn via our own, or  the Affiliate’s, website are provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The services offered to you by Canalside Inn through our own, or  the Affiliate’s, website are conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Agreement”). 

The Agreement comes into force as soon as the customer receives written confirmation of its Reservation made with BKD PARTNERS, LLC d/b/a Canalside Inn or any Affiliate. You acknowledge and agree that this reservation may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

Please read the Agreement carefully, as it contains important information about limitations of liability and resolution of disputes through arbitration rather than in court. If you do not accept all of these terms and conditions, please do not make a Reservation. Be sure to review the current version of the Agreement in force at the time the Reservation is in made. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice. 

MAKING A RESERVATION VIA OUR OWN, OR  THE AFFILIATE’S, WEBSITE

E-SIGNATURE

I acknowledge and agree that this reservation may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 

We will make every effort to honor special requests for specific rooms, however this confirmation does not imply, or specifically guarantee, a specific room assignment.  We reserve the right to move individuals to comparable rooms as necessary.

Hotel reserves the right to offer and apply an early check-in fee for each hour of early access before 3 p.m. on the day of arrival. Guests must contact Canalside Inn management to request early check-in.

Hotel reserves the right to apply an extended check-out fee for each partial hour extended beyond 11 a.m. Guests must contact Canalside Inn management to request extended check-out.

 

Canalside Inn room prices are based upon occupancy assigned to your room type. Max occupancy is 2 additional person per room. Additional fee of $50 per person, per night.  

$40 per night; maximum 2 animals per room, per night. Pets not confirmed prior to arrival will be charged $50 fee per night.  Any damages caused by pets over $300 will require additional payment by guests to cover all expenses associated with repairs required to restore room to original condition. Canalside Inn accepts DOGS only. No other type of pet is permitted onsite. Every pet must be registered prior to check-in. Guests will be charged $300 total for concealing animals or attempting to bring into their room or onsite any other type of pet. 

All persons 18 and under must be accompanied by parent or guardian. Reservations required to have one person of 21 years of age or older.

 

Complimentary parking space for one car per room is provided. One parking pass is located in each room. Please place parking pass in front window to register vehicle. Unregistered vehicles subject to towing at owner’s expense. 

You understand that the use of all facilities, which includes but not limited to: the hot tub, swimming pool, guest lounge, bikes, etc., is at my sole risk. You agree that Canalside Inn, its owners and employees, shall not be liable for any claims, demands, injuries, damages, actions, or cause(s) of action(s) whatsoever, to my person or property arising out of or connected with the use by me or my guests of the services and facilities of the Canalside Inn. You understand all public areas may be monitored by video. You agree that at minimum, there will be one person age 21 years or older on the reservation.

Canalside Inn is committed to customer satisfaction, so if you have a problem or dispute relating to a Reservation, we will try to resolve your concerns via our own, or our own, or the Affiliate’s, customer service agents. But if we are unsuccessful, you may pursue claims as explained in this section. You agree to give us an opportunity to resolve any disputes or claims associated with a Reservation that relates in any way to our own, or  our own, or  the Affiliate’s, website, any dealings with our own, or  the Affiliate’s, customer service agents, any services or products provided, any representations made by us or the Affiliate, or our own, or  the Affiliate’s, privacy policy (“Claims”) by contacting our own, or  the Affiliate’s, customer service agents. If we are not able to resolve your Claims via our own, or  the Affiliate’s, customer service agents within 60 days, you may seek relief through arbitration or in small claims court, as set forth below. You waive my right to request a charge-back or any other mechanism to seek a refund through my credit card or any other payment source provided by you at time you confirmed the reservation. No refund or credit for early departure. No refund for guest voluntarily choosing to not check-inn on day of arrival, for any and all reasons. Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted this Agreement regardless of whether prior versions of the Agreement required arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Agreement as a court would. Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. The AAA’s rules are available at www.adr.org or by calling1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If your total Claims seek less than $10, 000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request the above address listed for AAA. Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction. 

 

PROHIBITED ACTIVITIES
You agree not to use our services for any commercial purpose; or make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the Reservation facilities offered by us to you via our own, or  the Affiliate’s, website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel Reservation facilities offered by us to you via our own, or  the Affiliate’s, website may result in Canalside Inn cancelling any Reservation associated with your name, email address, or account, and closing any associated accounts held with the Affiliate or Canalside Inn. If you have conducted any fraudulent activity, Canalside Inn reserves the right to take any necessary legal action and you may be liable for monetary losses to Canalside Inn, including litigation costs and damages. To contest the cancellation of a booking, or freezing or closure of an account, please contact customer service. 

 

SUPPLIER RULES AND RESTRICTIONS 
Separate terms and conditions will apply to your Reservation and purchase of travel-related goods and services that you select. Please read these terms and conditions carefully. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Canalside Inn debiting your account for any costs Canalside Inn incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of our own, or the Affiliate’s, website. GROUP BOOKINGS 

You may not book more than 12 rooms online for the same hotel/stay dates. If we determine that you have booked more than 12 rooms in total in separate Reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book more than 12 rooms, you must contact Canalside Inn’s travel specialists by phone or by filling out the group travel form online.  One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay anon-refundable deposit.  RESERVATIONS 
For each Reservation, you will be charged the amount for the reservation immediately in USD currency. You acknowledge that Canalside Inn pre-negotiates its room rates with hotel suppliers to facilitate the booking of reservations on your behalf. The room rate displayed on our own, or  the Affiliate’s, website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by Canalside Inn and the facilitation fee retained by Canalside Inn to compensate us for our services. You authorize Canalside Inn to book reservations for the total reservation price, which includes the room rate displayed on our own, or  the Affiliate’s, website, plus tax recovery charges, service fees, and where applicable, taxes on Canalside Inn’s services. You agree that your credit card will be charged by Canalside Inn for the total reservation price. Upon submitting your reservation request you authorize Canalside Inn to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers. You acknowledge that, except as provided below with respect to tax obligations on the amounts we retain for our services, Canalside Inn does collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the taxes and fees (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Canalside Inn pays to the State of Delaware and other local jurisdictions for taxes due on the hotel’s rental rate for the room. BKD Partners, LLC d/b/a Canalside Inn are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Canalside Inn does not act as co-vendors with the supplier with whom we book or reserve our customer’s travel arrangements. The actual tax amounts paid by Canalside Inn to the taxing jurisdictions may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc.in effect at the time of the actual use of the hotel by our customers. We retain our fees as compensation in servicing your travel reservation. Our fees vary based on the amount and type of hotel reservation. Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (facilitation fee and/or service fee) in certain jurisdictions.  The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.  

The Canalside Inn loves to host dogs as furry friend guests. Canalside Inn does not accept pets of any other type. We know that you want to enjoy a carefree Canalside Inn experience, and don’t want to leave your furry friend at home. So, just bring your potty-trained, socialized, non-yappy, loved one along for the trip. Aggressive animals are not welcome to stay at Canalside Inn. 

 

All guests being accompanied by their furry friends must stay in designated pet-friendly rooms, agree to the pet-terms and conditions, and pay the pet-fee along with associated security deposit. 

 

Canalside Inn reserves the right to refuse accommodation to any pet at any time prior to or during guest’s stay. Guests may be asked to leave with no refund. Here are some things Canalside Inn needs you to agree to when bringing your furry friend as a guest.

 

– Guest must provide names, addresses and telephone contacts of persons responsible for pet during their stay. Contact information must also be displayed and affixed on the cage, written legibly and durably, and on pet’s travel identification tag. 

– It is the guest’s (pet owner’s) responsibility to keep their pet quiet and respect other guests. If the pet is excitable, or prone to excessive noise making and/or causing property damage, your pet may be required to leave the premises. 

 

We ask that you are present to care for your pet a minimum of every 4 hours.

 

If a guest’s pet is barking to the disruption of other guests, or causing property damage that is audible, we will call the owners to return to care for your furry friend. Pet owners must take appropriate action to calm their furry friend.  If the guests (pet owners) do not return after being notified, or fail to respond to attempts to be contacted by hotel staff, Canalside Inn will attempt to calm and quiet your pet. Canalside Inn will apply a pet-sitting fee of $40 an hour for every portion of an hour that Canalside Inn staff must be present with your furry friend. 

 

Persistent ‘noise and damage’ violations will cause guests to kennel their pet off site. We acknowledge that some guests may elect to simply join their pet in alternative accommodations; and that our nonrefundable policy applies.

 

– Furry friends with separation anxiety cannot be left alone. 

 

– Canalside Inn may have special offers to provide pet-sitting and pet-walking services for a fee. Guests may pre-purchase pet-sitting and pet-walking services in advance of their stay. Canalside Inn does not guarantee that pet-sitting and pet-walking services will be available ‘on-demand’, and may not be available during your stay unless pre-purchased. If guests do find themselves in need of pet-sitting and pet-walking services after they have arrived, simply give us a call or come to the reception desk to see if and how we can offer a solution. 

– Clean up after your pet. We understand that mistakes happen, and your pet may urinate, defecate, and cause property damage. Please do not attempt to ‘hide’ the mess, clean it with hotel linens and towels, or do patch work. Straightaway, let the hotel management know what has happened, and we’ll work together to minimize property damage and maintain healthy clean rooms for the remainder of your stay and the future stays of other guests. 

 

If your pet soils or damages the Canalside Inn, you lose the privilege of leaving their pets unsupervised at any time. All damages that exceed the amount of deposit will be charged prior to closing the bill, based on repair estimates. 

 

– Please use the outside shower to remove salt water and sand after you play outside. 

 

If, despite the limitation above, the BKD PARTNERS, LLC and CANALSIDE INN COMPANIES, the Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the BKD PARTNERS, LLC and CANALSIDE INN COMPANIES, the Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on our own, or  the Affiliate’s, website, or (b) One-Hundred Dollars (US$100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the BKD PARTNERS, LLC and CANALSIDE INN COMPANIES, the Affiliates, and/or their respective suppliers. INDEMNIFICATION You agree to defend and indemnify the BKD PARTNERS, LLC and CANALSIDE INN COMPANIES, the Canalside Inn Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of your breach of this Agreement or the documents referenced herein; or your violation of any law or the rights of a third party. GENERAL These Terms & Conditions are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Making a Reservation with Canalside Inn is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph. You agree that no joint venture, partnership, or employment relationship exists between you and the BKD PARTNERS, LLC and CANALSIDE INNCOMPANIES as a result of this Agreement or a Reservation. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your Reservation or information provided to or gathered by us with respect to such reservation. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Canalside Inn with respect to our own, or  our own, or the Affiliate’s,, website, our services and your dealings and relationship with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned on our own, or  the Affiliate’s, website are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved. 

SELLER OF TRAVEL 
BKD PARTNERS, LLC d/b/a Canalside Inn is a registered business in the state of Delaware, USA. 

FORCE MAJEURE
A party will be not be considered in breach of or in default because of, and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party’s reasonable control (each a “Force Majeure Event”). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable:  (a)   notify the other party of the Force Majeure Event and its impact on performance under this agreement; and (b)  use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement.    

GOVERNING LAW. 
(a)   Choice of Law. The laws of the state of Delaware govern this agreement (without giving effect to its conflicts of law principles). (b)  Choice of Forum. Both parties’ consent to the personal jurisdiction of the state and federal courts in Sussex County, DE. (c)  Attorneys’ Fees. If either party employs attorneys to enforce any rights arising out of or relating to this agreement, the losing party shall reimburse the prevailing party for its reasonable attorneys’ fees.

Revised and Effective as of 10/31/2020 © 2020 BKD PARTNERS, LLC d/b/a Canalside Inn. All rights reserved.