End User License Agreement

between the end user of this portal, its software, and all products and services offered by Marina de l’Île Perrot.

This agreement binds you as the end user of this portal, its software, and all products and services offered by Marina de l’Île Perrot that are described, offered, used, or purchased by you as the end user under the conditions described herein. 

 

IIMPORTANT: Please read the terms of use of the products and services stipulated below carefully before booking, purchasing, paying for, or using one or more of the services offered by Marina de l’Île Perrot, and before using, downloading, installing, or copying the portal software.

 

 USING THIS PORTAL, ITS SOFTWARE, AND/OR ALL THE PRODUCTS AND SERVICES DESCRIBED THEREIN MEANS THAT YOU ACCEPT THESE TERMS. DO NOT USE ANY OF THE PRODUCTS OR SERVICES DESCRIBED IN THIS PORTAL NOR THE SOFTWARE OF THIS PORTAL UNTIL YOU HAVE READ THIS AGREEMENT.

 

This Service Usage Agreement for the current WEB Portal and its software designed by ITSMAX Solutions Inc and made available to you by Marina de l'Île Perrot (hereinafter the 'Software'), as well as all products and services offered by Marina de l'Île Perrot (hereinafter the 'Marina') described therein, used, or purchased by the end-user (hereinafter collectively referred to as the 'Products'), is displayed for you to read before you use the Products that have been made available to you or your company.

 

herefore, you must accept the following conditions before using this Software and all Products by checking the box on this registration form: "I have read and agree to the terms of use of this Service Usage Agreement," and

►In all cases, by using this Software, you and your company signify acceptance of this Service Agreement and its terms for both the Software and the Products;

►If you or your company do not accept the terms of this Service Agreement, you must immediately notify Marina and refrain from using the Software or reserving, purchasing, or using any of the described Products. If applicable, cancel the download or installation or close the open window of the Software.

 

According to the terms of this Service Agreement for the END USER of the Software (hereinafter the "Agreement") between ITSMAX, Marina, and you as an individual or entity (collectively referred to as "you" or "END USER"), you are authorized to use the Software defined in Article 1 of this Agreement, and to reserve, purchase, and pay for the Products and services described on this portal, subject to their full payment and pre-approval by Marina, at its sole discretion.

 

THIS DOCUMENT IS NOT A PURCHASE CONTRACT, BUT AN AGREEMENT RELATED TO END USER RIGHTS. Marina remains the owner of the copy of the Software and the physical media provided in the commercial packaging, as well as all copies of the Software that the END USER is authorized to make under this Agreement. YOU ACKNOWLEDGE THAT YOUR USE OF THE SOFTWARE INDICATES THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND HAVE AGREED TO COMPLY WITH ITS TERMS.

 

SECTION 1 OF 3: Software and Portal

1. Software. In this Agreement, "Software" refers to:

1. The computer program responsible for displaying and operating the Marina's Software, including all its components, notably this WEB Portal including its WEB software and all core software necessary to operate this Portal;

2. The content of emails and their attachments, or any other medium to which this Agreement is attached, including the object code of the Software if provided on data media, by email, or downloaded via the Internet;

3. All explanatory documents and all documentation related to the Software, including any description of the Software, its features, description of properties, description of usage, description of the operating environment in which the Software is used, installation or usage guide of the Software, or description of the Software usage (hereinafter referred to as the "documentation"). ;

4. Copies of the Software, patches for any Software errors, additions to the Software, its extensions, modified versions of the Software, and updates to parts of the Software, if provided, under the license granted by Marina pursuant to Article 3 of this Agreement. The Software will only be provided in executable code form.

 

2)  License. Subject to your compliance with all conditions stipulated in this Agreement, Marina grants you the following rights (hereinafter the "license"):

a)     Installation and Use. You have a non-exclusive, non-transferable right to display and execute the Software, and if the Software is installable, you additionally have a non-exclusive, non-transferable right to install the Software on the hard drive of a computer or similar permanent data parking space rental medium, and to install and store the Software in the memory of a computer system.

 

b)     Precision on the number of licenses. The right to use the Software is tied to the number of end users. An END USER refers to the following  :

 

i)       The license being tied to the number of mailboxes (email addresses), an END USER refers to one (1) computer user who accepts (confirms via the link provided by the Software to this address) email via an email client. User confirmation via this email link and acceptance of this Service Agreement are prerequisites for creating one (1) user account through the use of the Software or installation of the Software on a computer system if it is installable;

 

ii)      If an email agent accepts email and then automatically distributes it to multiple users, the number of end users is determined by the actual number of users to whom the email is distributed.

 

iii)    If a mail server acts as a mail gateway, the number of end users is equal to the number of users of the mail server to whom the gateway provides services.

 

iv)    If an indefinite number of email addresses are directed to a user and accepted by them (for example, through aliases), and the messages are not automatically distributed by the client to a larger number of users, a license per computer is required. You must not use the same license simultaneously on multiple computers.

 

c)      License Duration.  The right to use the Software is granted but limited to a maximum period of one year for you if you have reserved and/or purchased any of the products and services made available by Marina through the Software (the "Products Available via the WEB"), but may be renewed for an additional year thereafter if you comply with all provisions of this Agreement and reserve and/or purchase again any of the Products Available via the WEB

 

d)     Original Software. The original software is limited to :

i)       On the Marina's WEB Portal and cannot be transferred, stored, or modified in this case, but can be used on multiple computers via approved popular browsers, including Google Chrome, Microsoft Edge, Apple Safari, as well as certain other compatible public domain browsers (this then becomes your responsibility), or;

 

ii)      On the computer with which you obtained it if it is installable, and it cannot be transferred or used on another computer in this case.

 

e)     Not for resale software and test Sofhware.  "Not for resale software" and "trial software" cannot be transferred in exchange for payment and should only be used for demonstration or testing purposes of the software's functionalities.

 

f)       Termination of License: The license automatically expires at the end of the period for which it was granted. If you fail to comply with the provisions of this Agreement, Marina reserves the right to terminate the Agreement, without waiving any legal rights or remedies available to Marina in such cases. Upon cancellation of the license for installable software, you must immediately remove, destroy, or return at your expense the Software and all backup copies to Marina or to the place where you obtained the Software.

 

3)       Emails and notifications. You authorize Marina and its representatives to contact you via the email address you provide in the "Registration" tab of this user account creation request form, and through notifications to your user account and Marina's mobile application, as applicable, for all matters related to the use of the Software, reservation and payment of Marina's products and services via the Software, as well as other issues and activities related to the use of products and services offered by Marina. This includes (but is not limited to) the reservation and payment of summer and winter parking space rental spaces, rental of visitor and member docks, and payment of annual and short-term fees for these products and services.

 

4)       Prerequisites . To work correctly the softhware has the following requiement :

a.      A valid email address: You must provide a valid email address to the Software during your registration and validate it through the real-time link sent to you when you submit your registration request, after accepting the terms of this Agreement.;

 

b.     An internet connexion : Vou must have an internet link enabling effective bidirectional communication between you and the Software, authorizing the Software and Marina to communicate with you as per clause 3) above;

 

c.      A valid credit card, as follows:

i)       You must possess a valid credit card with sufficient available credit to purchase Marina's products and services that you wish to reserve and pay to Marina via the Software, and

 

ii)      You must register it during the user account creation process to benefit from Marina's products and services, and

 

iii)    Marina confirms that it uses the payment services of a recognized national Merchant of Records, either Moneris or Global Payment, in such a way that :

o   The information you provide regarding your credit card is directly collected by the Merchant of Records through its own data entry window that the Merchant of Records generates and manages directly, and

o   This information is not known or stored by the Software, and

o   Except for the last 4 digits of your credit card used for your reference on the payment invoice/receipt produced by the Software, as well as the anonymous "token" created and provided by the Merchant of Records that Marina must use to charge the products and services reserved by you.

 

5)       Information retained in your user account: You authorize Marina to securely store in encrypted format in the database and in your user account the information necessary for the operation of the Software, reservation, and purchase of goods and services made available by Marina through the Software, which you enter in the registration form, excluding credit card data as per section 4-c) above.

 

6)       Exercise of END USER Rights. V You must exercise your rights as an END USER personally or through your employees. You are only authorized to use the Software to view, reserve, and purchase the products and services made available within the Software by Marina.

 

7)      Restrictions on Rights: You must exercise your rights as an END USER personally or through your employees. You are only authorized to use the Software to view, reserve, and purchase the products and services made available within the Software by Marina.

a)     The Software as a Service (SaaS), you may not create an archived backup copy of the Software on permanent parking space rental media or install it on another computer. Any copies you make of the Software will be considered a violation of this Agreement.

b)     You are not permitted to use, modify, translate, or reproduce the Software, or transfer the rights to use the Software or copies of the Software in any way other than as provided in this Agreement.

c)      You may not sell, sublicense, lease, or rent the Software, or use the Software to provide commercial services.

d)     You may not reverse engineer, decompile, or disassemble the Software or attempt in any way to discover the source code of the Software, except to the extent that such restriction is expressly prohibited by law.

e)     You agree to use the Software only in compliance with all applicable laws of the territory where you use the Software, including applicable restrictions concerning copyright and intellectual property rights.

 

8)               Copyright: The Software and all rights, including copyright and intellectual property rights, are owned by ITSMAX Solutions Inc. or its licensors and are protected by the provisions of international treaties and all applicable national laws in the country where the Software is used. The structure, organization, and code of the Software are valuable trade secrets and confidential information belonging to ITSMAX Solutions Inc. or its licensors. You are not authorized to copy the Software. If you disassemble, decompile, or otherwise attempt to discover the source code of the Software in violation of the terms of this Agreement, you agree that any data obtained in this manner shall automatically and irrevocably be transferred to the Marina in its entirety, once such data is known, regardless of Marina's rights regarding the violation of this Agreement.

 

9)               Reservation of Rights: Marina reserves all rights to the Software, except those expressly granted to you as an END USER of the Software under the terms of this Agreement.

 

10)            Multilingual Versions, Software on Multiple Platforms, Multiple Copies: If the Software is used on multiple platforms and in multiple languages, or if you receive multiple copies of the Software, you may only use the Software for the number of computer systems or versions for which you have obtained a license. You may not sell, lease, rent, sublicense, lend, or transfer versions or copies of the Software that you are not using.

 

11)           Start and Termination of Agreement: This Agreement becomes effective from the day you accept its terms. You may terminate this Agreement at any time by permanently uninstalling, destroying, and returning, at your expense, the Software, any backup copies if applicable for installable Software, and all associated documentation provided by Marina or its business partners. Regardless of how this Agreement terminates, the provisions in Articles 7 to 12 continue to apply indefinitely.

 

12)            END USER STATEMENTS: AS AN END USER, YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER MARINA, ITS LICENSORS, AFFILIATES, NOR COPYRIGHT HOLDERS MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SOFTWARE DOES NOT INFRINGE UPON PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS HELD BY A THIRD PARTY. NEITHER MARINA NOR ANY OTHER PARTY WARRANTS THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR EXPECTATIONS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED AND ERROR-FREE. YOU ASSUME THE ENTIRE RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED.

 

13)            No Additional Obligation: Except for obligations explicitly mentioned in this Agreement, no additional obligations are imposed on Marina and its licensors.

 

14)            LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARINA, ITS EMPLOYEES, OR ITS LICENSORS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OF PROFITS, REVENUE, SALES, DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PHYSICAL DAMAGE, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA, OR ANY DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES, WHETHER ARISING FROM CONTRACTUAL LIABILITY, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, RELATED TO THE INSTALLATION, USE, OR INABILITY TO USE THE SOFTWARE OR ANY OTHER SERVICES OFFERED OR DELIVERED BY MARINA, EVEN IF MARINA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES AND LAWS DO NOT ALLOW THE EXCLUSION OF LIABILITY BUT ALLOW THE LIMITATION OF LIABILITY, SO MARINA'S, ITS EMPLOYEES', OR ITS LICENSORS' LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE LICENSE.

 

15)            No provision of this Agreement shall limit the rights granted by law to any party acting as a consumer if the performance is contrary.

 

16)            Technical Support: Marina or third parties appointed by Marina will provide technical support at their discretion, without any warranty or solemn representation. END USER may need to back up all data, software, and programs existing before technical support is provided. Marina or third parties appointed by Marina shall not be liable for any damages or loss of data, goods, software, or hardware, or any loss of profit due to the provision of technical support. Marina and/or third parties appointed by Marina reserve the right to decide whether technical support covers the scope of problem resolution. Marina reserves the right to refuse, suspend technical support, or terminate it at its discretion.

 

17)           END USER Data and Rights Protection: As an END USER, you authorize Marina to transfer, process, and store data that allows Marina to identify you. Hereby, you agree that Marina may use its own means to verify if you are using the Software in accordance with the provisions of this Agreement. Hereby, you agree to the transfer of data, during communication between the Software and Marina's or its business partners' computer systems, for the purpose of ensuring the functionality and authorization of use of the Software and protection of Marina's rights. After the conclusion of this Agreement, Marina or one of its business partners shall have the right to transfer, process, and store essential data identifying you for billing and execution purposes of this Agreement.

 

18)            Export and Re-export Control: The Software, documentation, or their parts, including information about the Software or its components, shall be subject to import and export control measures in accordance with legal regulations that may be issued by competent governments in this regard, under applicable law, including regulations regarding the administration of exports of the United States, as well as restrictions regarding end users, end use, and destination issued by the government of the United States and other governments. You agree to strictly comply with all applicable import and export regulations and acknowledge that you shall be responsible for obtaining licenses for the export, re-export, transfer, or import of the Software.

 

19)           Applicable Law: This Agreement is governed by the laws of the Province of Quebec, Canada.

 

20)            General Provisions: If any provision of this Agreement is found to be invalid or unenforceable, it shall not affect the validity of other provisions of this Agreement. These provisions shall remain valid and applicable under the terms set forth in this Agreement. This Agreement may only be modified by a written amendment signed by an authorized representative of Marina or a person expressly authorized to act on behalf thereof under a power of attorney..

 

21)           Entire Agreement: This constitutes the entire agreement between Marina and you regarding the Software and supersedes all prior statements, discussions, promises, communications, or advertisements regarding the Software

 

SECTION 2 of 3 : PARKING SPACE RENTAL TERMS (summer and winter) of the CONTRACT that you accept if you reserve these Products.

A.       PAYMENT OF INVOICES: The full amount of invoices MUST be paid before parking space rental and/or the movement of the boat. Dates for haul-out and launch will be determined only when all balances are fully settled.

 

B.         PARKING SPACE RENTAL TERMS: Parking space rental will be calculated based on the actual total length of the boat (overall length), from one end to the other, including any accessories that may impact measurement, from the bow to the end of the platform.

 

C.       PARKING SPACE RENTAL RATES: The parking space rental price defaults to the daily rate. It is the boat owner's responsibility to arrange with the Marina and opt for long-term parking space rental before incurring charges at daily rates. All rates are non-prorated and non-refundable. The marina offers daily, weekly, and seasonal parking space rental rates. Seasonal parking space rental (2 seasons): Winter season, from October 1st to June 15th, and summer season, from May 1st to October 1st. Current prices are available at the Marina office.

 

D.        AVAILABILITY & RIGHT OF REFUSAL: Parking space rental agreements are determined on a 'first come, first served' basis. The Marina reserves the right to accept or refuse any parking space rental request or other services offered for any reason, without needing to provide an explanation for this choice.

 

E.        MAINTENANCE OF THE BOAT AFTER PARKING SPACE RENTAL PERIOD: Boats remaining on the premises after the end of their parking space rental contract period will be charged daily unless the customer requests and arranges with the Marina to extend another parking space rental contract before the current contract end date.

 

F.        BOAT MOVEMENT SERVICE: The timing for hauling out or launching with our Travel-Lift is entirely at the discretion of the marina, without limitation. The Marina reserves the right to refuse any service in circumstances it deems unsafe or unsuitable. The boat owner must be present during the hauling out or launching of the boat. The Marina selects the parking space rental location for the boat and reserves the right to relocate it to any other location deemed necessary, at any time, without obligation to inform the boat owner.

 

G.       NO LIABILITY FOR DELAYS: It is agreed that the Marina will not be held responsible for failure to perform services at a certain date or time, nor for delays in transport, launching, or winterizing caused by weather or any other incident.

 

H.       ASSUMPTION OF RISKS, DISCLAIMER OF LIABILITY: Parking space rental is accepted at the owner's risk. The Marina assumes no liability for fire, theft, flood, storm, wind, ice, freezing, malicious acts, or any other situation. The owner releases the Marina from any liability for loss, injury, or damage to persons or property on the marina premises. The owner is responsible for removing any electronic devices, radios, and outboard motors from the boat.

 

I.         NO SECURITY PROVIDED: The Marina DOES NOT PROVIDE ANY PROTECTION AND ASSUMES NO LIABILITY regarding the security of any boats, trailers, or equipment stored on Marina premises, directly or indirectly.

 

J.         OWNER'S ACKNOWLEDGMENT OF LACK OF FENCING AND SECURITY: The owner acknowledges that the Marina premises are not fenced and do not provide security. The owner assumes all risks associated with renting parking space rental space at the marina. The Marina assumes no responsibility for the boat and therefore will not be held responsible for its care, protection, or security. The Marina shall not be considered an insurer of property under this agreement.

 

K.       OWNER'S INSURANCE REQUIREMENT: The boat owner must have valid insurance as required below. The boat owner, for themselves, the boat, and all concerned persons, releases the Marina from any liability for loss, death, damage, or injury to any person or property related to the condition or use of the boat or the conditions of use of the marina or its services (including forklift services, Travel-Lift, or shrink wrap packaging or fire resulting therefrom, unloading or loading trailers), including Marina negligence. The boat owner must indemnify and release the Marina from any claim, lawsuit, damage, liability, or expense related to any "injury" or accident. Under no circumstances will the Marina be liable for direct or indirect, consequential, special, or exemplary damages, whether contractual or tortious (including strict liability and negligence) in connection with the boat owner's use of the Marina. The boat, its owner, and insurers of the boat agree to waive any right to petition or seek exemption or limitation of liability in the event the boat is involved in an accident resulting in property damage, minor or serious injuries, and even death, whether during its parking space rental at the Marina or in connection with this agreement. The boat owner is responsible for any damage that the boat may cause to dock structures, property, or other boats located at the marina.

 

L.        OWNER'S WARRANTY AND COVENANT: The owner warrants and covenants that neither they, the boat, nor anyone connected with them will make any claims, demands, causes of action of any kind, or will obtain or impose judgments, executions, or prepayments on them, directly or indirectly (including issues of subrogation), against the Marina, its officers, directors, agents, employees, servants, or employees, resulting from any loss, damage, personal injury or death suffered by them or those connected with them or from any damage, loss, injury, or death suffered by owners, boats, or persons connected with them, for which third-party claims may otherwise be raised against the marina, etc. The owner agrees and undertakes to defend, indemnify, and spare the Marina from any claims, demands, causes of action, judgments, and executions, and the Marina shall be entitled to attorney's fees in the event of a violation of the owner's covenant below.

 

M.     INSURANCE REQUIREMENTS: No insurance is taken out by the Marina on stored boats or any other property. Parking space rental is therefore accepted at the owner's risk, and the owner releases the Marina from any claims for damages. The boat owner, at their own expense, must at all times during the term of this contract obtain hull and liability insurance. This insurance policy will cover at least 100% of the actual value of the boat, salvage, towing, long-term risks, fire damage, vandalism, and theft. The owner must provide proof of such insurance coverage to the Marina upon signing this agreement and may be required at any time during the term of this agreement.

 

N.      OWNER'S ENVIRONMENTAL RESPONSIBILITIES: The boat owner is responsible for any toxic matter generated by their boat. ANY DISCHARGE FROM YOUR BOAT RESULTING IN SOIL CONTAMINATION AUTOMATICALLY SUBJECTS THE OWNER TO SOIL REMEDIATION COSTS, WHICH WILL BE BASED ON THE SIZE OF THE CONTAMINATED AREA. Owners must remove from their boat anything that constitutes a hazard, such as paint, tin cans, gasoline cans, perishable goods, and any other dangerous items. The boat owner must keep the areas around the stored boat clean and free of debris. In the event of non-compliance with this rule, the Marina will have to do so at the owner's expense. No debris should be left on Marina property. It is the customer's responsibility to use the trash cans provided on Marina property.

 

O.      NEGLECTED BOATS: If the boat poses a danger to other boats or to the Marina, as determined by the Marina at its sole and absolute discretion, the owner must, at their own expense, remove their boat from the Marina. The Marina may, but is not obliged to, arrange for the removal of the boat or any other item which, in the opinion of the Marina, appears to pose a danger, at its sole and absolute discretion. In this case, the owner is responsible for the costs of such removal. The Marina is not liable for any losses suffered by the owner, boat, or damage caused to boats as a result of their removal from the Marina.

 

P.         ABANDONED BOATS: Any vessel, boat, cradle, trailer, or any other object left at the Marina 30 days after the end of this contract where the owner cannot or does not want to move their boat, or cannot be reached by phone, email, or mail after the end of this contract will be considered "abandoned." The Marina hereby receives a lien on the boat, its contents, and equipment for any service, repair, or parking space rental charges thereof, or the balance due on any other account owed to the Marina by the boat owner or tenant. The owner may be charged for labor and costs to carry out this procedure. The owner shall reimburse the Marina upon demand for all losses, costs, and expenses incurred by the company in recovering overdue accounts, whether by action or otherwise.

 

Q.      USE OF ELECTRIC HEATERS, EXTENSION CORDS, ETC.: The use of electric heaters, heat lamps, dehumidifiers, etc., is strictly prohibited at the Marina. All boat owners must unplug all electrical wires before leaving the Marina. Marina staff will unplug all wires once found. The use of extension cords is at the sole risk of the owner/guests and/or user, and the Marina shall be exempt from any liability for damages or injuries caused to any person, including the tenant or their guests or properties caused by or as a result of the use of any electrical appliance, tool, or extension cord.

 

R.        NO LIVE-ABOARD: It is strictly prohibited to live aboard a boat stored on Marina premises, whether for a single night or multiple nights

 

S.        BOAT WORK: The marina controls and restricts cleaning, repair, maintenance, and construction activities that the owner may undertake while on Marina premises. Therefore, customers must inform the Marina of such activities. The boat owner is responsible for cleaning their work area after use. External workers must inform the Marina of their work, and the Marina reserves the right to refuse the request at any time.

 

T.       ATTACHED EXTERIOR EQUIPMENT: (downriggers, antennas, radars, stabilizers, wind generators, barbecues, etc.) must be lowered or removed for parking space rental.

 

U.        BOAT WINTERIZATION: The Marina is not responsible for winterizing the boat. The owner is responsible for preparing their boat for winterization, whether it be themselves, their mechanic, or the mechanic available at Marina Ile Perrot, Franck Marchenay.

 

V.       WASTE TANK: It is the owner's responsibility to ensure that their toilet tank (discharge) is empty before storing their boat; failure to comply will result in additional charges for the removal and pumping of the toilet tank.

 

W.     DRAIN PLUG(S) RESPONSIBILITY: It is the boat owner's responsibility to ensure proper removal of drain plug(s) for parking space rental and the proper reinstallation of all drain plugs upon boat restart.

 

X.       BOAT COVER WITH CANVAS OR SHRINK WRAP PACKAGING: Boat covers with canvas or shrink wrap packaging for boats stored on our premises may be done by the boat owner themselves, by a private contractor. Of course, it is the boat owner's responsibility to ensure maintenance of the canvas or shrink wrap during the winter. The Marina assumes no responsibility for damages caused by neglect of this packaging. The boat owner is also responsible for removing the canvas or shrink wrap at the end of the season.

 

Y.        NON-TRANSFERABLE: This parking space rental agreement is non-transferable and cannot be assigned by the owner. If the owner sells their vessel, they must inform the marina. The Marina reserves the right to refuse any service if deemed necessary.

 

Z.       NO WARRANTY: The Marina provides no warranties, express or implied, regarding the condition of the Marina's parking space rental areas or their suitability for the owner's intended purposes. The boat owner acknowledges having had the opportunity to inspect the marina before entering into this agreement and agrees to accept the marina in its current physical condition.

 

NOTE: Your boat is your responsibility. You are expected to inspect it periodically, especially before and after rain, snow, and/or ice storms. The marina is not responsible for conducting these inspections under any circumstances.

 

ATTESTATION:  I hereby acknowledge that by checking "I have read and accept the terms of this Service Contract," the elements of this contract have been fully explained to me. I have read, understood, accepted, and agree to be legally bound by the terms of this contract, including this section on parking space rental terms

 

SECTION 3 of 3 : Return of a Product / Booking Terms / Cancellation of a service reservation paid via this Portal

 

I.          Marina Product Refund Policy .  Returns accepted by the Marina are only for defective items. We do not accept returns or exchanges unless the item you purchased is defective and has not been damaged (visual inspection) or misused. If your item is defective, please contact us at the phone number or email address provided below and provide details about the product and the defect. We will then instruct you on how to return the product. You will be responsible for the shipping costs associated with returning your item. We are not responsible for any losses or damages that occur during transportation. For all returns, you must also prepay shipping and insurance costs (if applicable). If your return qualifies for a refund, it will not include shipping and handling fees listed on the packing slip or invoice. Upon receiving the returned product, we will inspect it and notify you by email within a reasonable time if you are entitled to a refund or exchange due to the defect. If you are eligible for an exchange or refund, we will replace the product or refund you the purchase price (based on the original payment method). Shipping and handling fees that you have already paid are non-refundable, and refunded amounts will not include shipping costs. It may take up to 15 business days after receiving our email for the refund to appear on your statement.

 

Coordonnées :

Marina de l’Île Perrot,

1090 Boulevard Perrot,

Notre-Dame-de-l’Île-Perrot, Qc, Canada, J7V 3H9

(514) 457-4341

 marinaileperrot@gmail.com

 

II.      Reservation, Cancellation, and Refund Policy for a service reserved via the Marina Portal . 

i)       Parking space rental service:

a)     Winter parking space rental request: Winter parking space rental requests for a given year must be made via the Marina Portal by September 15th of each year. 

 

b)     Summer parking space rental request:

1.       Summer parking space rental requests for a given year cover the seasonal opening period of the current year, from May 15th to October 15th each year

2.       Summer parking space rental is subject to approval and proof of insurance

3.      However, the Marina reserves the right to accommodate another client with a similar or different service during the period and location you had reserved.

 

c)     Reservation of the date of service : If this parking space rental involves taking the boat out of the water for block parking space rental on the marina site, or depositing it on a trailer to be left for winter parking space rental on the marina site, then you must use the out-of-water reservation calendar to reserve your out-of-water date.

 

d)     MANDATORY ADVANCE PAYMENT : As soon as your reservation is approved, the Marina Portal automatically generates the corresponding invoice. This invoice is then directly accessible at the bottom of the homepage of your user account. IMPORTANT NOTE: YOU MUST PAY YOUR INVOICE IN FULL at least fifteen (15) days before the service date, otherwise your reservation will be automatically canceled by the Marina Portal, and the provisions of clause e) below will apply if applicable.

 

e)     The cancellation of a parking space rental service reserved by you to include a refund of the amount paid by you and accepted by the Marina applies only to winter parking space rental services to be rendered at least thirty (30) calendar days following the date of the cancellation and refund request, as follows::

1.      fter this period, the Marina will no longer accept cancellation and refund requests for this service, which remains fully payable by you. This is due to the fact that a team has been reserved to provide the service, and it is too late to schedule the same service for another Marina client.

2.      However, the Marina reserves the right to accommodate another client with a similar or different service during the period and location you had reserved. 

3.      To cancel a service, please contact us at the phone number or email address specified in article A. above and provide the details of your cancellation. The Marina reserves the right to deny you this service if you do not show up on the specified date and time and have not canceled the service in advance.

 

ii)      Reservation and Seasonal Dock Rental : Reservation and Seasonal Dock Rental: All the conditions detailed in article i) above also apply to the summer dock rental service, with the following modifications :

 

a)     Winter Parking space rental Request: RENEWAL requests for the next year's dock reservation can only be made by Marina members, i.e., clients who already have a dock for the current season, via the Marina Portal by October 1st of each year. After this deadline, the Marina may consider that you no longer wish to retain the dock and rent it to another member or a new member.

 

b)     MANDATORY ADVANCE PAYMENT : As soon as your reservation is approved, the Marina Portal automatically generates two corresponding invoices:

 

1.      The first invoice is for your security deposit, which becomes immediately payable. This invoice is directly accessible at the bottom of the homepage of your user account. IMPORTANT NOTE: YOU MUST PAY your invoice in full within fifteen (15) days of the invoice date; otherwise, your reservation will be automatically canceled by the Marina Portal.

2.      The second invoice is for the balance of the amount corresponding to your reservation. This second invoice becomes payable NO LATER THAN March 31st of the year in which the annual dock rental service will be provided. This invoice is directly accessible at the bottom of the homepage of your user account. IMPORTANT NOTE: YOU MUST PAY your invoice in full before this date; otherwise, the Marina will have the right to cancel your reservation, and the security deposit will be retained by the Marina.

c)       The deadline for canceling a seasonal dock rental service reserved by you to include a refund accepted by the Marina is March 15th of each year. After this deadline, the Marina will no longer accept cancellation and refund requests for this service, which remains fully payable by you.

d)     Before this deadline :

1.      The reservation deposit amount of $500.00 will be retained by the Marina and

2.      If you have fully paid for the seasonal dock rental service, the balance will be refunded to you;

 

iii)    Reservation of a team and equipment for the removal or launching of a boat: All the conditions detailed in article i) above also apply to the summer dock rental service, with the following modifications  :

a)     The cancellation of a boat removal or launching service reserved by you to include a refund accepted by the Marina applies only to these services to be rendered at least forty-eight (48) hours following the date and time of the cancellation and refund request. After this period, the Marina will no longer accept cancellation and refund requests for this service, which remains fully payable by you.