Canalside Inn Policies, Terms and Conditions

EXISTING RESERVATIONS

We are unable to offer refunds or reimbursements. Guest who change stay dates must pay the difference in price between existing dates to desired dates.

CHECKED-INN

No changes, refunds or credits made for guests who have already checked-inn.  The morning of check in we place a $300 hold on all reservations for incidents.  We encourage guests with questions regarding upcoming reservations to EMAIL [email protected] or text 302.246.8110

BEST AVAILABLE RATE

100% Prepayment required. Nonrefundable, no changes, no exceptions. Promo rates are non-refundable. 

 

REFUNDABLE RATE

Canalside Inn offers guests the Refundable Rate as a convenient way to book your dates, and the flexibility to change your reservation dates if you are unable to travel.

 

Refundable Rate requires a non-refundable 1 night room rate plus tax deposit, at time of booking.

 

Cancellations subject to forfeiture of deposit. Cancellations within 14 days subject to forfeiture of all monies paid on reservation.

 

Changes to a confirmed reservation can be made without penalty 14 days prior to check in. Changes to confirmed reservation within 14 days of check-in subject to change fees.

 

No refund for early check out. 

GROUP AND EVENT RATES

Group and events may receive special discounted pricing. Group and event rates require 100% Prepayment to hold room blocks. Nonrefundable, no changes, no exceptions. Family Reunion Rates, Wedding Rates, Group Rates, are included in the non refundable category.

DEPOSIT FOR DAMAGES AND INCIDENTALS

I accept the  $300 credit card (hold) authorization for incidentals at check in. You agree to pay all charges, whether in cash or credit card, for all charges related to this reservation, including, but not limited to nightly rates, applicable taxes, incidentals, damages, fees, theft, and purchases made on this reservation.

TAX RECOVERY FEE

Tax Recovery Fee relates to Delaware State Lodging Tax and Sussex County Hospitality tax.

ANIMAL AND PET FEES

Pet Fees are not included in rates.  If you choose to bring a pet,  a pet fee per night will be added to your reservation.

Dogs only. No cats. Guest who enter building with cats will be required to vacate premises, without a refund.

An animal/pet fee applies to all pet stays, charged per night; maximum 2 animals per room.

 

When outside, dogs must remain on leash at all times. If your dog is aggressive in any way during the stay, you must board your dog elsewhere for the remainder of your stay.

 

A damage deposit is required per animal. All animals/pets must be confirmed prior to arrival, and animal/pets must stay in designated pet friendly rooms. Dogs who can escape need to be in a crate when leaving their dog.  

All guests who bring a pet for their stay must read and agree to additional pet policies below.

Canalside Inn follows the guidelines for service animals, as set forth in the ADA. Click here for more information. Emotional Support Animals do not qualify for any discounts or waiver of pet fees, as described by the ADA here.  *Please make sure to bring health records for your dog including rabies vaccine.

PARKING

Complimentary parking space for one car per room is provided year round. Guests may not utilize more than one parking space on-site. Additional street parking is available, subject to City of Rehoboth Beach parking enforcement. City of Rehoboth Parking meters are in effect from: The Friday immediately preceding Memorial Day through the second Sunday following Labor Day, from 10 a.m. until 10 p.m. Meter rates are $3 an hour.

Canalside Inn offers daily parking passes for the City of Rehoboth, during parking meter season. Parking passes can be purchased at time of booking, or from front desk during your stay.  If pass is lost or stole a replacement fee of $250 will be charged to guests. 

COVID-19 UPDATED POLICIES

The World Health Organization declared the coronavirus (COVID-19) outbreak to be a global pandemic.  The health and well-being of our guests, team members and all who visit Canalside Inn is the highest priority.  We are aware of the confirmed cases of Coronavirus (COVID-19) in the state of Delaware and our monitoring the situation closely. For Delaware specific updates please visit: de.gov/coronavirus

 For information on the CoVid-19 please visit the World Health Organization (WHO)and the Center for Disease Control (CDC).

Anyone displaying symptoms should seek immediate medical care and refrain from travel. Anyone who has been exposed to COVID-19 is asked to self-quarantine at home for 14 days. This protocol will be in place for any future cases that may arise.

CLEANING FEES

Cleaning Fees are assessed only in the event of stains, damages, or other than normal usage

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

As a condition of you making a Reservation with Canalside Inn via the Affiliate, you warrant that: you are at least 18 years of age, you possess the legal authority to create a binding legal obligation, you will only make legitimate reservations for you or for another person for whom you are legally authorized to act, all information supplied by you in making a Reservation is true, accurate, current and complete, and if you have an account with the Affiliate, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.
 
Reservations made through affiliates are subject to terms and conditions made at time of booking. We retain the right at our sole discretion to deny access to anyone to the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement. You agree to pay in full,  have read, and agree to policies stated above and as stated on https://thecanalsideinn.com/our-inn/inn-policies/ or read to you by an agent. Signing below indicates that you agree that more than one rate option and cancellation policy was presented to you at the time of booking, and that Trip Cancellation Insurance and Room Damage Protection Insurance are available for purchase. You voluntarily chose the rate and cancellation policy assigned to your reservation, and that you accept all terms and conditions. You understand all public areas may be monitored by video.  

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.

ROOM REQUESTS

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.

EARLY CHECK-INN FEE

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.

EXTENDED CHECK-OUT FEE

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.

EXTRA GUEST FEE

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.  

AGE

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.

ANIMAL AND PET FEES

Pet Fees are not included in rates. If you choose to bring a pet, a pet fee per night will be added to your reservation.

 

Dogs only. No cats. Guest who enter building with cats will be required to vacate premises, without refund.

 

An animal/pet fee applies to all pet stays, charged per night; maximum 2 animals per room. A damage deposit is required per animal. All animals/pets must be confirmed prior to arrival, and animal/pets must stay in designated pet friendly rooms. Dogs who can escape need to be in a crate when leaving their dog.  

 

All guests who bring a pet for their stay must read and agree to additional pet policies below.

Canalside Inn follows the guidelines for service animals, as set forth in the ADA. Click here for more information. Emotional Support Animals do not qualify for any discounts or waiver of pet fees, as described by the ADA here.

PARKING

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. 

  USE OF FACILITIES, EQUIPMENT, BIKES, CHAIRS, POOL, HOT TU

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.

PRICES

The price of the travel services relating to Reservations will be as quoted on our own, or the Affiliate’s, website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted. Despite Canalside Inn’s best efforts, some of the travel services relating to Reservations listed on our own, or  the Affiliate’s, website may be incorrectly priced.   

CANALSIDE INN EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS VIA OUR OWN, OR  THE AFFILIATE’S, WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. 

Canalside Inn is under no obligation to provide travel services to you at an incorrect(lower) price, even after you have been sent confirmation of your booking  

CHANGES OR CANCELLATIONS  


No changes, modifications, or cancellations are permitted when you have made a reservation using the non-refundable rate. 

Under rate plans that have a change or cancellation option, you can change or cancel your Reservation either online when signed into your account with our affiliate, or by calling its customer service agents.  You can change your guest name, bed type, special requests, accessibility options, room type, number of guests and travel dates relating to your Reservation, and Canalside Inn may impose other change and/or cancellation fees. Charges vary by reservation, so please review your confirmation email for details. You agree to pay Canalside Inn and/or any supplier required cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations. In the event that Canalside Inn is unable to honor your booking, Canalside Inn will not be liable for any cost incurred due to relocation. These terms and conditions may not be changed by any unauthorized person, including employees of Canalside Inn. 

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. 

PETS

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.  Aggressive animals are not welcome to stay at Canalside Inn. 

All guests being accompanied by their pet must 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. 

PET FEE

$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. 

DISPUTES 

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. 

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.  

Travel Destinations​

although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Canalside Inn urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the united states government prior to booking travel to Canalside Inn from international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at

www.state.gov

 www.tsa.gov

www.dot.gov

www.faa.gov

 www.cdc.gov

www.treas.gov/ofac 

www.customs.gov

By offering for sale travel to particular international destinations, Canalside Inn does not represent or warrant that travel to or from such points is advisable or without risk, and is not liable for damages or losses that may result from travel to or from such destinations. Liability disclaimer  the information provided to you as part of the services offered by Canalside Inn via our own, or the affiliate’s, website may include inaccuracies or errors, including pricing errors. In particular, Canalside Inn, its subsidiaries and corporate affiliates (collectively, the “BKD PARTNERS, LLC and Canalside Inn companies”) and the affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel and other travel products displayed via an affiliate’s website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). 

In addition, Canalside Inn expressly reserves the right to correct any pricing errors on an affiliate’s website and/or on pending reservations made under an incorrect price. In such event, we will offer you the opportunity to keep your pending reservation at the correct price or, at your option, we will cancel your reservation without any Canalside Inn change or cancellation fees. 

Hotel ratings displayed via an affiliate’s website are intended as only general guidelines, and the BKD PARTNERS, LLC and Canalside Inn companies and the affiliates do not guarantee the accuracy of the ratings. The BKD PARTNERS, LLC and Canalside Inn companies, the affiliates and their respective suppliers make no guarantees about the availability of specific products and services. 

The BKD PARTNERS, LLC and Canalside Inn companies, the affiliates and their respective suppliers may make improvements and/or changes on an affiliate’s website at any time. The BKD PARTNERS, LLC and Canalside Inn companies, the affiliates, and their respective suppliers make no representations about the suitability of the information, software, products, and services contained on an affiliate’s website for any purpose, and the inclusion or offering of any products or services on an affiliate’s website does not constitute any endorsement or recommendation of such products or services by the BKD PARTNERS, LLC and Canalside Inn companies or the affiliates. All such information, software, products, and services are provided “as is” without warranty of any kind. The BKD PARTNERS, LLC and Canalside Inn companies, the affiliates, and their respective suppliers disclaim all warranties and conditions that an affiliate’s website, its servers or any email sent from the BKD PARTNERS, LLC and Canalside Inn companies, the affiliates, and/or their respective suppliers are free of viruses or other harmful components. The BKD PARTNERS, LLC and Canalside Inn companies, the affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement. The carriers, hotels and other suppliers providing travel or other services on an affiliate’s website are independent contractors and not agents or employees of the BKD PARTNERS, LLC and Canalside Inn companies, or the affiliate. The BKD PARTNERS, LLC and Canalside Inn companies and the affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The BKD PARTNERS, LLC and Canalside Inn companies and the Canalside Inn affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

In no event shall the BKD PARTNERS, LLC and Canalside Inn companies, the affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of an affiliate’s website or with the delay or inability to access, display or use an affiliate’s website (including, but not limited to, your reliance upon opinions appearing on an affiliate’s website; any computer viruses, information, software, linked sites, products, and services obtained through an affiliate’s website; or otherwise arising out of the access to, display of or use of an affiliate’s website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the BKD PARTNERS, LLC and Canalside Inn companies, the affiliates and/or their respective suppliers have been advised of the possibility of such damages. 

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.

  

RELEASE AND AUTHORIZATION TO RECORD AND USE VOICE AND/OR LIKENESS

Any and all persons  (the “Releasor”) signing the Release and Authorization (the “Release”) are entered into this agreement in favor of BKD Partners, LLC d/b/a Canalside Inn (the “Company,” and together with the Releasor, the “Parties”).

In consideration of the payment of $0 (the “Payment”) by the Company to the Releasor, the receipt and sufficiency of which is hereby acknowledged and without any further consideration due from the Company or any third party to the Releasor, the Releasor agrees to as follows:           

1. PARCITICIPATION.

The Releasor agrees to participate, from time to time, in certain photographs, video recordings, audio recordings, and/or other means of recording images and/or sound as arranged by the Company (the “Recordings”). The Releasor agrees that the Company (or its designee) has permission to record his/her voice, sounds, conversation, image, and likeness in the Recordings.  

2. GRANTS.

The Releasor hereby grants to the Company, its affiliates, agents, successors, licensees, and assigns (collectively with Company, the “Company Affiliates”) a perpetual, worldwide, irrevocable, royalty-free, fully paid-up right and license to the unlimited use of his/her likeness and/or voice in the Recordings (alone or in connection with others and in and in connection with any media, now known or hereafter created) throughout the universe in and in connection with or relation to the development, marketing, advertisement, licensing, sale, distribution, and promotion of any events, products, merchandise, services, or brands of the Company Affiliates. The Company Affiliates shall have all right, title, and interest to any other right, title, or interest the Releasor may possess in the Recordings including, but not limited to, the Releasor’s likeness, voice, copyrights, persona, character, image, characterization, logos, slogans, catch phrases, art, and physical attributes including, but not limited to, body art and tattoos (collectively, the “Likeness”). The Recordings are specially ordered and commissioned by the Company, and are works-made-for-hire from the moment of creation, and are and shall be the sole and exclusive property of the Company. The Company shall be the sole and exclusive owner of all the rights, results, and proceeds of the Recordings, in each case, of every kind or nature, whether now known or hereafter devised. Without reservation or limitation, the Releasor hereby sells, assigns, transfers, and conveys the Recordings to the Company, exclusively, irrevocably, and perpetually, together with all right, title, and interest in and to the Recordings throughout the world including, without limitation, the right to enforce its right in and to secure registrations, renewals, reissues, and extensions thereof. The Releasor agrees that the Company Affiliates shall have the right to transform, edit, alter, distort, modify, add to, subtract from, enhance, broadcast, telecast, duplicate, distribute, or otherwise exhibit the Likeness worldwide in all forms of media and forms of exploitation, now known or hereafter created including, but not limited to, websites, film, television, radio, and print. The Releasor agrees it will have no right to approve any use of the Likeness in the Recordings or otherwise. The Releasor agrees that no third party has or shall have any right of approval over the use of the Likeness or will be due any amounts from the use of the Likeness. 

3. RELEASE.

The Releasor hereby releases the Company Affiliates from any and all claims and demands that the Releasor may have now or at any time arising from this Release or the use of the Likeness or Recordings, including but not limited to, claims for personal injury, invasion of privacy, defamation, libel, right of publicity, infliction of emotional distress, or additional payment. 

4.  NO OBLIGATION TO USE.

The Company shall have no obligation to use, or provide any compensation related to, the Recordings or the Likeness.

5. RELEASOR’S REPRESENTATIONS AND WARRANTIES.

The Releasor hereby represents and warrants that:

  • s/he is, at the execution of this Release, at least eighteen (18) years old and not a minor;
  • s/he has the full right and legal capacity to enter into this Release and to grant the rights granted or agreed to be granted hereunder;
  • there is no outstanding contract, commitment, agreement, or legal impediment of any kind that conflicts with this Release or that might limit, restrict, or impair the rights granted to the Company Affiliates hereunder;
  • the identifying information of the Releasor set forth above is true and correct;
  • s/he has entered into this Release freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in this Release; and
  • s/he has read and understands this Release.

6. ENTIRE AGREEMENT.

This Release constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties

7. ASSIGNMENT.

This Release is personal to the Releasor and may not be assigned by the Releasor. The Company shall have the right to assign, sublicense, sell, or pass-through any rights contained herein or this Release to a third party without approval from the Releasor. 

8. MODIFICATION.

This Release may be supplemented, amended, or modified only by the mutual agreement of the Parties, which agreement must be in writing and signed by both Parties.

9. NOTICE.

Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return-receipt requested) to the respective Parties as follows:

If to the Company:

BKD Partners, LLC d/b/a

34 6th St.

Rehoboth Beach, DE 19971

If to the Releasor: YOUR INFO HERE

10. GOVERNING LAW.

This Release shall be governed by the laws of the state of Delaware.  If litigation results from or arises out of this Release or the performance thereof, the Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing Party may be entitled. 

11. SERVABILITY

Whenever possible, each provision of this Release will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Release is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Release will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.

12. COUNTERPARTS/ELECTRONIC SIGNATURES.

This Release may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument.  For purposes of this Release, use of a facsimile, e-mail, or other electronic medium shall have the same force and effect as an original signature. Releasor agrees that they were presented this information in whole, and given instructions on where to locate this agreement on the Canalside Inn website,  when they voluntarily signed the agreement in abbreviated form for original or electronic signature.

13. HEADINGS

Headings used in this Release are provided for convenience only and shall not be used to construe meaning or intent.

TERMS AND CONDITIONS: EVENTS, VENUE SPACE, BUS RENTAL AND INDIVIDUAL BUS WAIVER

Any and all persons  (the “Releasor”) signing the Release and Authorization (the “Release”) are entered into this agreement in favor of BKD Partners, LLC d/b/a Canalside Inn (the “Company,” and together with the Releasor, the “Parties”).

 

All terms and conditions below are held in contract, in addition to terms set forth for dates, payments, release of liability, insurances, and cancellation clauses set forth in any and all agreements signed, binding these terms with all other contracts agreed to with e-signature, checkbox agreement, or in written signature.

In consideration of the agreeing to these terms and conditions by the Company to the Releasor, the receipt and sufficiency of which is hereby acknowledged and without any further consideration due from the Company or any third party to the Releasor, the Releasor agrees to as follows:           

1. FORCE MAJEURE.

Should any circumstances beyond either party’s reasonable control including, but not limited to, Acts of God, war, unsafe condition, government regulations or intervention, disaster, civil disorder, terrorism, disease, epidemic, quarantine, extreme inclement weather, curtailment of transportation facilities, or strikes, labor slowdowns or unrest (except strikes, slowdowns or unrest by Hotel employees or contractors) occur creating significant risk to participants’ health or safety or making it illegal or impossible to provide, use, or travel to or from the Hotel facilities, the affected party may terminate this Agreement without liability by written notice and Hotel will refund to Client all deposits or other monies previously paid hereunder within thirty (30) days of such termination.

Any and all legal actions must be filed and remedied within Sussex County, Delaware. Any and all legal actions must first proceed through arbitration.

2. AMERICANS WITH DISABILITIES ACT.

The Releasor hereby grants to the Company, its affiliates, agents, successors, licensees, and assigns (collectively with Company, the “Company Affiliates”) a perpetual, worldwide, irrevocable, royalty-free, fully paid-up right and license to the unlimited use of his/her likeness and/or voice in the Recordings (alone or in connection with others and in and in connection with any media, now known or hereafter created) throughout the universe in and in connection with or relation to the development, marketing, advertisement, licensing, sale, distribution, and promotion of any events, products, merchandise, services, or brands of the Company Affiliates. The Company Affiliates shall have all right, title, and interest to any other right, title, or interest the Releasor may possess in the Recordings including, but not limited to, the Releasor’s likeness, voice, copyrights, persona, character, image, characterization, logos, slogans, catch phrases, art, and physical attributes including, but not limited to, body art and tattoos (collectively, the “Likeness”). The Recordings are specially ordered and commissioned by the Company, and are works-made-for-hire from the moment of creation, and are and shall be the sole and exclusive property of the Company. The Company shall be the sole and exclusive owner of all the rights, results, and proceeds of the Recordings, in each case, of every kind or nature, whether now known or hereafter devised. Without reservation or limitation, the Releasor hereby sells, assigns, transfers, and conveys the Recordings to the Company, exclusively, irrevocably, and perpetually, together with all right, title, and interest in and to the Recordings throughout the world including, without limitation, the right to enforce its right in and to secure registrations, renewals, reissues, and extensions thereof. The Releasor agrees that the Company Affiliates shall have the right to transform, edit, alter, distort, modify, add to, subtract from, enhance, broadcast, telecast, duplicate, distribute, or otherwise exhibit the Likeness worldwide in all forms of media and forms of exploitation, now known or hereafter created including, but not limited to, websites, film, television, radio, and print. The Releasor agrees it will have no right to approve any use of the Likeness in the Recordings or otherwise. The Releasor agrees that no third party has or shall have any right of approval over the use of the Likeness or will be due any amounts from the use of the Likeness. 

 

Both the Client and the Hotel shall be responsible for compliance with the public accommodation requirements of the Americans with Disabilities Act as defined by law. The Hotel shall provide, to the extent required by the Act, such auxiliary aids and/or services as may be reasonably requested by Client for use in sleeping rooms and public areas of the hotel, provided that Client gives reasonable advance written notice to the Hotel of such needs. Client shall be responsible for the cost of any auxiliary aids and services (including engagement of and payment to specialized service providers, such as sign language interpreters), necessary for use in the meeting space used by the Client, other than those types and quantities typically maintained by the Hotel.

 

3. MISCELLANEOUS TERMS.

NOTICE:

Any notice required or permitted by the terms of this contract must be in writing. Notice may be sent via facsimile transmission and will be considered effective as of the date and time of the facsimile confirmation of transmission.

 
WAIVER

If either party agrees to waive its right to enforce any term of this contract, it does not waive its right to enforce any other terms of this contract.

 
PROMOTIONAL CONSIDERATIONS

Hotel reserves the right to review and approve any advertisements or promotional materials in connection with your event that specifically references any name or logo of the hotel.

 
SHIPPING AND RECEIVING

The Hotel will receive shipments no sooner than (7) seven days prior to your event. There will be a drayage charge of $5.00 per box for shipments greater than 5 boxes or 50 lbs for handling and storage of goods. Boxes/crates weighing 70 lb or more will not be accepted. These items must be shipped through a drayage company

• The shipping address is: Canalside Inn, 34 6th Street, Rehoboth Beach DE 19971

• All box labels must contain: Account Name, Event Name (if differs), Event Date, On-Site Contact Name and Catering Manager’s Name.

Boxes without the above information will not be accepted. The hotel will not be held responsible for return shipping of goods. The hotel will not be responsible for the packing or unpacking of shipments received or departing from the hotel. Shipments being shipped from hotel must be coordinated through Catering Manager and must contain pre-paid shipping labels on all packages. Canalside Inn assumes no responsibility for articles left in the hotel.

 
INDEMNIFICATION

To the extent allowed by applicable law and subject to sovereign immunities afforded to Client, each party hereby agrees to indemnify, defend and hold the other harmless from any loss, liability, costs or damages arising from actual or threatened claims or causes of action resulting from breach of any of its representations, warranties or covenants herein or the negligence, gross negligence or intentional misconduct of the party indemnifying or its respective officers, directors, employees, agents, contractors, members or participants (as applicable), provided that with respect to officers, directors, employees, and agents, such individuals are acting within the scope of their employment or agency, as applicable.

 
DISPUTE RESOLUTION

The parties will resolve any controversy, claim or dispute of any kind or description arising out of or relating to this Contract through binding arbitration before one arbitrator conducted in accordance with the rules of the American Arbitration Association or JAMS in the State and city in which Hotel is located. The law of the State in which Hotel is located will be the governing law. The arbitration award will be enforceable in any state or federal court. In the event of arbitration or litigation arising from or associated with this contract or the enforcement of any arbitration award, the parties agree that the prevailing party therein shall recover attorneys’ fees and costs including expert witness and arbitration fees and pre and post judgment interest. In addition, Client shall be responsible for payment of attorneys’ fees and interest associated with Hotel’s efforts to collect monies owed under the terms of this Contract.

 

FOOD & BEVERAGE POLICIES

Due to licensing requirements and quality control issues, Hotel will serve NEITHER food nor beverages on bus. Any food or beverage brought in by guests onto Hotel property must not be removed from Hotel property. Contracting Client is responsible to ensuring that their guest and attendees are aware and adhere to these rules.

Tax exemptions are not honored by the hotel, as regulated by the City of Rehoboth Beach tax regulation laws.

 
DISPLAYS, DECORATIONS, EXHIBITIONS, EQUIPMENT AND ENTERTAINMENT

All displays, exhibits, decorations, equipment and musicians/entertainers must conform to the city fire ordinance and coordinate delivery times with the Hotel in advance. Special ingress and egress, insurance and security requirements may apply in the case of events with décor, sets, special lighting or special sound. Please consult with your Catering Manager prior to finalizing such arrangements.

The hotel will not permit affixing of anything to the walls, floors or ceiling of any room with nails, staples, tape or any other substance unless written approval is given by the hotel management; approval will be placed in writing on your “BEO”. Unless under prior approval form Canalside Inn, at no time should your event set up infringe on other activities at the hotel – this includes decorations, registration set ups, displays, etc. If you have any questions regarding your set up please see your Sales representative in advance.

Any contracted setup by an “outside” vendor will be the responsibility of the client and will need to be coordinated with the Hotel. Client is responsible for obtaining all applicable Fire Marshall approval or permits required for your event. You are also responsible for obtaining all required ASCAP or BMI licenses for entertainment or music performances at your event.

All banquet setup and other furnishings will be moved by hotel employees ONLY. Any damage incurred will be the responsibility of the client who signs the contract. Corridors, hallways or lobbies may not be used for exhibit purposes. Displays, signs entertainment, solicitation, distribution of cards, circulars, samples, or other promotional materials may not be used, unless approved by Hotel. Client will be charged a daily storage fee for any exhibits not removed as agreed in the contract.

The hotel reserves the right to monitor the noise level of any Client, entertainment or activity. If the level is too loud or bothersome to another Client booked, the hotel has the right to stop the function and/or remove the entertainment or whatever activity is causing the problem. Sound levels are to be appropriate for the contracted space and are not to interfere with activities of any other Client. Actual meetings in progress take precedence over and sound check or rehearsal. Please respect any request regarding sound levels you may receive from hotel management.

The hotel prohibits any sales and/or money transactions at the event door. In the event these terms are violated, the event will be shut down if continued after warning notice is given.

All event activities must be started and ended within guidelines and laws set forth by City of Rehoboth Beach. All official event activities on hotel premises must end by 10 p.m. nightly

 
INSURANCE

The Hotel shall obtain and maintain and provide evidence of insurance upon request in amounts sufficient to provide coverage for any liabilities which may reasonably arise out of or result from the respective obligations pursuant to this contract. The Hotel relinquishes all responsibility for any and all incidents that occur during any activities related to events and bus rentals.

 
OVERTIME AND ADDITIONAL CHARGES

(a) Client shall be fully responsible for any overtime incurred. Overtime will be charged at a rate determined by Hotel in its sole discretion and is incurred in hourly increments (plus additional taxes and fees). Hotel cannot guarantee the availability of overtime. It is of particular importance then that you make allowances for anticipated delays and adhere to the agreed time schedule.

Time and charges begin when the Service Bus arrives at the pick-up location. If there is an error in the stated address, you shall be charged for the time needed to reroute the Service Bus to a different address.

(b) You agree to pay the following additional expenses incurred in connection with Charter Services: (i) driver’s lodging, (ii) tolls, (iii) parking fees (iv) additional stops and (v) any other expenses incurred in connection with the provision of the Charter Services.

You agree that if required, you will arrange for appropriate lodging for drivers that meet or exceed the following minimum standards: 2.5 star or better hotel/motel, private room with private shower and bathroom. If you fail to provide the driver(s) with private lodging meeting the above listed requirements, you (i) authorize Hotel to procure such alternative lodging for the driver(s) and (ii) agree to reimburse Hotel for the cost of any such alternative lodging.

 

 

CHARTER SERVICES

(a) Images of, and information regarding, buses and other vehicles presented on the Website may differ from the actual Service Buses.

(b) Hotel cannot guarantee any of the following (collectively, the “Waived Conditions”):

o the specific make, model, year, or specific bus appearance of the Service Bus.

o the functionality of the hvac, air-conditioning or plumbing (including on-board restrooms) on the Service Bus.

o the availability or working condition of requested amenities including to on-board restrooms, wheel-chair lifts, WI-FI internet, DVD/TV equipment, USB charging, or electric plugs.

o the behavior of the drivers and how they treat the Passengers.

o the drivers use of a cell phone.

o the provision of the Charter Services if any of the Service Buses are affected by weather, mechanical breakdown, blown tires, motor vehicle accident or other similar events (collectively, the “Interference Events”)

You acknowledge and agree that Hotel does not guarantee the Waived Conditions and you specifically waive any claims against Hotel or right to terminate this Agreement or demand any refund from Hotel related to or in connection with the Waived Conditions. At Hotel ’ sole discretion, Hotel may provide limited assistance in resolving claims against a Carrier when such claims are presented before trip end. With respect to any Interference Event, Hotel use commercially reasonable efforts to get the Service Bus operating again or to obtain a replacement bus as soon as possible.

(c) You acknowledge and agree that Service Buses and their drivers may not arrive on time for pickup, and may deliver Passengers later than their original scheduled arrival time. You specifically waive any claims against Hotel to terminate this Agreement or any sort of refund if the Service Bus is delayed due to events of Force Majeure, including GPS malfunctions, GPS signal problems incorrect route information on the GPS, road closures, or traffic delays. In addition, you acknowledge and agree that certain road and vehicle conditions may require the Service Bus to travel slower than usual. The speed at which to travel, the route and any other trip related decisions shall be solely determined by the driver in his sole discretion.

(d) Unless agreed to in writing at the time of the reservation, Hotel is not obligated to provide options for buses or drivers that are SPAB certified / school certified, DOD certified, or require special permits or certificates. Cancellation for such reasons shall not relieve you of cancellation charges as set forth in Section 2.

(e) You agree that a reasonable number of seats on the Service Bus may be reserved to allow any required additional drivers or support staff to travel on the Service Bus.

(f) Hotel shall not be responsible for any lost or damaged items. Hotel reserves the right to charge a fee for returning any items found in the Service Buses.

(g) Hotel or the driver may terminate any trip without refund in its sole discretion, if (i) the driver or the dispatcher on duty feels that you or any of the Passengers are putting the driver, the Service Bus or any of the Passengers in danger or harm or (ii) you and/or any of the Passengers are in possession of any illegal material and/or substance. This is without exception.

(h) Drivers must follow FMCSA Hours of Service Regulations and other applicable regulations and shall not agree to any request to exceed the regulated FMCSA Hours of Service or to violate any other regulations. These regulations restrict driving time to ten (10) hours and duty time to fifteen (15) hours. Unless agreed to in writing at the time of the reservation, we’re not obligated to arrange buses with more than one driver on each bus. Drivers are entitled to a hotel room in accordance with Section 4(b) no later than when they reach these restrictions on driving and/or duty times. We may terminate any trip without refund in its sole discretion if you or any of the Passengers attempt to force the driver to exceed regulated FMCSA Hours of Service or to violate any other applicable regulations. Additional detail can be found on the FMCSA website: https://www.fmcsa.dot.gov/regulations/hours-service/summary-hours-service-regulations.

(i) You, or such representative designated by you, agree that as requested by the Driver, you will input such requested information into the Hotel application utilized by the Driver on a mobile device for the purpose of confirming the trip and the completion thereof.

Hotel does not provide security on the bus, in the meeting and function space and all personal property left in the meeting or function space is at the sole risk of the owner. You agree to advise your attendees and guests that they are responsible for safekeeping of their personal property. The hotel shall not assume responsibility for the damage or loss of any merchandise or articles left in the hotel prior to, during or following the meeting, banquet or event held at the hotel. Any items at the hotel for more than 24 hours after the function, without making prior arrangements with the hotel for storage, will be considered hotel property and disposed of as the hotel deems fit.

 

 

You may elect to retain security personnel to safeguard personal property on the bus, in the meeting and function space. In addition, depending on the nature of your event, Hotel reserves the right based on its reasonable judgment to require you to retain security personnel in order to safeguard guests or property of Hotel. Any security personnel retained by you must be at your own expense and from police and/or a licensed security company that meets the minimum standards established by the Hotel, including insurance and indemnification requirements, and at all times remains subject to the Hotel’s advance approval. Security personnel are not authorized to carry firearms without advance Hotel approval.

 

 

The Hotel reserved the right to inspect and control all private functions. You agree to begin your function at the scheduled time and agree to have your guests; invitees and other persons vacate the designated function space at the closing hour indicated. You agree to reimburse the Hotel for any overtime wage payments or other expenses incurred by the Hotel because of your failure to comply with these requirements.

 

 

You are responsible for any damage to the Hotel or Hotel property caused by your attendees, vendors, contractors or agents. You agree to comply with all federal, state and local laws and Hotel rules and policies governing the contract and event, including any rules, regulations or requests of the U.S. Department of Homeland Security. Hotel reserves the right to refuse service to any persons or prohibit any activity which in the sole judgment of the Hotel may be harmful or cause an unreasonable disruption to property, its guests or employees.

 

 

The parties agree that the event which is the subject of this Contract will generate revenue for Hotel from a variety of sources, including guest rooms, food and beverage events, and other charges for additional services (including, incidental charges for food and beverage and other hotel amenities) that would be incurred by individual guests and by Client. In the event that Client does not fulfill all of its commitments or cancels in its entirety this Contract, Hotel will suffer damages that will be difficult to determine. The parties agree that the Attrition and Cancellation clauses provide for liquidated damages that have been specifically agreed upon by the parties as a reasonable estimate of the Hotel’s losses and do not constitute a penalty of any kind.

 

 

Client agrees to provide a minimum dollar amount of guest room revenue which shall be equal to the number of guest room nights set forth in the Guest Room Accommodation chart times Client’s average guest room rate, not including tax (the “Minimum Revenue”). Should Client fall below this amount, Client will pay as a reasonable estimate of the Hotel’s losses an amount equal to the difference between 80% of the Minimum Revenue and the actual guest room revenue achieved by Client (the “Attrition Damages”). All applicable taxes on the Attrition Damages will be paid by Client.

 

 

There will be no charge to the Client as long as 80% of the room block has been surpassed, when applicable.

 

 

Hotel reserves the right to cancel the function for any reason if we are unable to provide proper and quality service or product of which was initially contracted to meet the client’s expectation. Hotel is required to give the client written notice at least 30 days prior to function date. If hotel decides to cancel, all deposits will be refunded in full.

 

 

 

 

 

4. WARRANTIES; DISCLAIMERS AND LIMITATIONS OF LIABILITY.

(a) Warranties. Each party represents and warrants to the other that (a) it has the full power to enter into this Agreement and to perform its obligations hereunder,

(b) this Agreement constitutes a legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms, and (c) this Agreement does not contravene, violate or conflict with any other agreement of such party.

 

(b) Disclaimer. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, HOTEL DOES NOT MAKE, AND HOTEL EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THIS AGREEMENT, THE CHARTER SERVICES, THE SERVICE BUSES OR THE CHARTER CARRIER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. WITHOUT LIMITATION TO THE FOREGOING, HOTEL DOES NOT PROVIDE ANY WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT WITH RESPECT TO THE CHARTER SERVICES OR THE SERVICE BUSES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS.

YOU EXPRESSLY AGREE THAT THE CHARTER SERVICES AND THE SERVICE BUSES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

 

(c) Limitation of Liability. HOTEL SHALL NOT BE LIABLE TO YOU OR ANY OF YOUR PASSENGERS FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR INDIRECT DAMAGES, OR ANY DAMAGES FOR LOST DATA, BUSINESS INTERRUPTION, LOST PROFITS, LOST REVENUE OR LOST BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE CHARTER SERVICES OR THE SERVICE BUSES HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT, THE CHARTER SERVICES OR THE SERVICE BUSES, WHETHER OR NOT HOTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. IN SUCH CASES, HOTEL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. In no event will Hotel’s total liability to you for all damages, losses, and causes of action arising out of or relating to this Agreement or the Charter Services (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, to Hotel during the twelve (12) months immediately preceding the date of the claim, or five thousand dollars ($5,000.00), whichever is greater. The essential purpose of this provision is to limit the potential liability of Hotel arising out of this Agreement or the Charter Services whether for breach of contract, negligence, or otherwise. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

 

(d) You acknowledge and agree that Hotel is severally, providing the Hotel portal and services and Charter Services, respectively, and other services, sets prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Hotel, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Hotel. Hotel would not be able to provide the Charter Services to you on an economically reasonable basis without these limitations.

 

(e) Hotel shall not be liable for any delay or failure in its performance of any of the acts required by this Agreement or the Charter Services, when such delay or failure arises from circumstances beyond the control and without the fault or negligence of such party (“Force Majeure”). Such causes may include, without limitation, traffic, mechanical breakdowns, road conditions, acts of local, state or national governments or public agencies, acts of public enemies, acts of civil or military authority, labor disputes, utility or communication failures or delays, earthquakes, fire, flood, other natural disasters, epidemics, riots or strikes. The time for performance of any act delayed by any such event may be postponed for a period equal to the period of such delay.

5. NON DISPARAGEMENT.

You agree to take no action which is intended, or would reasonably be expected, to harm the Company or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company.Should you take action intended, or would reasonably be expected, to harm the reputation of Hotel, Hotel may recover attorneys’ fees and costs.

6. LICENSE.

(a) In situations where You engage Hotel to provide Charter Services to an event (each, an “Event”) You own or are directly hosting or sponsoring, You hereby grant to Hotel a perpetual, fully paid, non-exclusive, and royalty-free license to utilize Your trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event (collectively, the “Marks”) within the scope of license (the “Scope”) defined herein.

 

(b) In situations where You engage Hotel to reserve and/or pay for Charter Services to an Event that is owned, hosted or sponsored by a third party, You covenant, warrant and agree to obtain from such third party a perpetual, fully paid, non-exclusive, and royalty-free license to utilize such third party’s trade names, trademarks, service marks, logos, domain names, marks or other business identifiers related to such Event (collectively, the “Third Party Marks”) within the scope of license (the “Scope”) defined below.

 

(c) For the purposes of this Agreement, the “Scope” shall mean Hotel’s use of the Marks or Third Party Marks, as the case may be, to advertise and promote Hotel’s Charter Services by publicizing the fact that Hotel has provided such Charter Services to or on behalf of such Event.

 

You and Hotel agree that any dispute, claim or controversy at law or equity that arises out of this Agreement or the Charter Services (a “Claim”) will be resolved in accordance with this agreement or as Hotel and you otherwise agree in writing.

 

7. ASSIGNMENT.

This Release is personal to the Releasor and may not be assigned by the Releasor. The Company shall have the right to assign, sublicense, sell, or pass-through any rights contained herein or this Release to a third party without approval from the Releasor. 

8. MODIFICATION.

This Release may be supplemented, amended, or modified only by the mutual agreement of the Parties, which agreement must be in writing and signed by both Parties.

9. NOTICE.

Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return-receipt requested) to the respective Parties as follows:

If to the Company:

BKD Partners, LLC d/b/a

34 6th St.

Rehoboth Beach, DE 19971

If to the Releasor: YOUR INFO HERE

10. GOVERNING LAW.

This Release shall be governed by the laws of the state of Delaware.  If litigation results from or arises out of this Release or the performance thereof, the Parties agree to reimburse the prevailing Party’s reasonable attorneys’ fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing Party may be entitled. 

11. SERVABILITY

Whenever possible, each provision of this Release will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Release is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Release will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.

12. COUNTERPARTS/ELECTRONIC SIGNATURES.

This Release may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument.  For purposes of this Release, use of a facsimile, e-mail, or other electronic medium shall have the same force and effect as an original signature. Releasor agrees that they were presented this information in whole, and given instructions on where to locate this agreement on the Canalside Inn website,  when they voluntarily signed the agreement in abbreviated form for original or electronic signature.

13. HEADINGS

Headings used in this Release are provided for convenience only and shall not be used to construe meaning or intent.

Gift Cerftificates and Giveaways

Gifts and Certificates:

– cannot be applied to store merchandise. 

– not redeemable for cash.

– non-transferable and resale prohibited.

– Buy one get one requires an overnight accomodation to be booked of greater value paid in full to receive complementary night.

– In store merchandise redeemable for ‘like’ merchandise, based on value of certificate

– Bus complementary service does not include tax, gratuity, service charges, or fuel surplus

– All terms and conditions apply regardless of notification status, i.e., recipients are given terms at time of gift receipt and Canalside Inn is not responsible for email, text, phone missed or ignored notifications.

– All reservations must be made in advance, via direct reservation, through phone or www.thecanalsideinn.com reservation system.

– Taxes and all applicable fees due for every complementary stay, based on date specific room rate

 

If a gift certificate is lost, stolen, destroyed or used  without permission, a replacement will not be provided in these circumstance

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