Stay policy
Please read this booking policy carefully before booking a cottage through the 9410-5707 Québec inc. website www.chaletsforessence.com (hereinafter the “Website”) which governs the reservation, rental and occupancy of a cottage with 9410-5707 Québec inc. (hereinafter the “Booking Policy”). This Booking Policy and the terms and conditions attached to it constitute a fully enforceable agreement (hereinafter the “Agreement”) between you (“Tenant”, “You”, “Your”) and 9410-5707 Québec inc. (“9410”, “We”, “Our”). When You proceed to the reservation of a cottage, You confirm and acknowledge, by Your action, that You have received, understood and accepted the terms and conditions of the Holiday Policy. 9410 may amend the Agreement in accordance with the provisions contained herein. The Agreement, as amended from time to time, will prevail in the event of any conflict or inconsistency with all other communications, including advertisements or other promotional materials. If You do not agree to the Agreement, please do not book a 9410 cottage.
- Definitions. For the purposes of this Booking Policy, the following expressions are defined as follows:
1.1. “Deposit” has the meaning attributed to Article 4.1.1;
1.2. “Cottage” means the cottage rented by the Tenant as described in the Booking Form;
1.3. “Tenant’s contact details” means the address, telephone number and email address of the Tenant to reach him as provided by the Tenant in the Booking Form;
1.4. “Crisis” has the meaning ascribed to Article 6.12;
1.5. “Security deposit” has the meaning attributed to Article 4.2;
1.6. “Duration” means the duration of the stay, that is to say the number of days and nights of the rental of the cottage for the determined booking dates as provided in the Booking Form;
1.7. “Extenuating circumstances” has the meaning attributed to Article 12.5;
1.8. “Booking form” means the reservation form offered by 9410 on the website www.chaletsforessence.com allowing Tenants to specify the terms of their reservation including, without limitation, the name of the cottage, the Tenant’s contact details, the number of occupants, the duration, the dates of the reservation as provided in the Booking Form, etc.
1.9. “9410” or “We” or “Our” means the Cottage Rental Manager, 9410-5707 Quebec Inc. “9410” acting for and on behalf of the Owner;
1.10. “Tenant” or “You” or “Your” means the person who has undertaken to rent the Cottage by signing and completing the Booking Form;
1.11. “Number of occupants” means the number of occupants who will occupy the Cottage during the Duration of the stay;
1.12. “Booking policy” means the present policy governing rental, reservation and occupation of the cottage by the Tenant;
1.13. “Owner” means the person who owns the rented Cottage;
1.14. “Low Season” means a cottage booked outside the High Season dates;
1.15. “High Season” means for the year 2020-2021 the rental of a cottage on the following dates: Valentine’s Day: Spring break: February 28 and 29 until March 8; Easter: April 10 to 13; Labor Day: May 1 to 3; National Patriots’ Day: May 15 to 18; summer period: June 23 to September 7; Thanksgiving weekend: October 9 to 12; Holiday period: December 18, 2020 to January 3, 2021.
2. Purpose. Subject to acceptance by 9410 of the Booking Form, the Tenant agrees to rent the Cottage belonging to the Owner for vacationing purposes, according to the booking terms provided for in the Booking Form, from 9410 who accepts to rent it to him subject to reservation. compliance with this Booking Policy.
3. Booking and contractual relationship.
3.1. Terms of booking. When You complete the Booking Form, You must provide any terms related to the reservation of the Cottage, including in particular, the name of the Cottage, the name and contact details of the Tenant, the Duration, the dates of booking, the Number of occupants and the number of cars, etc. For any alteration to the terms of the reservation, You must notify 9410 in writing as soon as possible and refer to the terms provided for in Article 5.2. of this Booking Policy. The Tenant’s Contact Information must contain accurate, up-to-date and complete information at all times and the Tenant agrees to keep it accurate, up-to-date and complete at all times so as to allow 9410 to reach it at all times.
3.2. Booking. As a Tenant, You accept and acknowledge that the reservation of the Cottage will only be considered final after having been duly accepted by 9410 and after a written reservation confirmation has been sent to the Tenant. Each reservation will constitute an offer to contract in favor of 9410, which reserves the right to refuse, cancel or not process any reservation at its sole discretion, in particular in the event of a pricing error.
3.3. Contractual relationship. Following receipt by the Tenant of the written confirmation of receipt of 9410, a contractual relationship is created between the Tenant and the Owner of the nature of a short-term resort lease, 9410 acting only as agent for the account of the Owner of the Cottage, for and in his name. Subject to the provisions of this Booking Policy or the Civil Code of Quebec, 9410 is therefore not bound to the Tenants with whom it contracts for and on behalf of the Owner. The Tenant acknowledges that he understands that he is the sole person responsible and liable for the obligations arising from the rental of the Cottage, and he guarantees that the Booking Policy is respected by any person occupying the Cottage throughout the Duration.
4. Payment and security deposit.
4.1. Rent. In consideration of the said rental of the Cottage, the Tenant must pay 9410 a rent for the rental of the Cottage equivalent to the amount provided for in the Booking Form as follows:
4.1.1. At the time of booking, a refundable deposit subject to the application of article 5.1 of the total rent due and payable by credit card equivalent to (hereinafter the “Deposit”):
4.1.1.1. THIRTY-FIVE PERCENT (35%) of the total value of the rent due for the rental of the Cottage plus applicable taxes.
4.1.1.2. At the latest, THIRTY (30) days before the expected date of arrival, the balance of the total rent for the Rental of the Cottage by credit card plus applicable taxes;
4.2. Security deposit.
4.2.1. In order to guarantee the obligations of the Tenant in connection with compliance with this Policy, the latter undertakes to remit to 9410, on the Arrival Date, a security deposit
by credit card in an amount equivalent to SIX HUNDRED DOLLARS ($ 600.00) (hereinafter the “Security Deposit”) and expressly authorizes 9410 to use it at all times and in its sole discretion against any unpaid debt of the Tenant, including without limitation, the right to be compensated for any damage suffered by Owner and / or 9410, without prejudice to their rights and remedies, due to the breach of any or all of the Tenant’s obligations under the Booking Policy in particular.
4.2.2. To avoid any doubt, Tenant accepts and consents that 9410 may deduct from the Security Deposit as compensation the amount of any penalty due to 9410 by Tenant due to violation of this Booking Policy, all without prejudice to the rights and remedies of the Owner and / or 9410.
4.2.3. The Tenant accepts and consents to the fact that at the end of the Duration and no later than SEVEN (7) working days following its expiration, the Security Deposit will be returned to him in full, subject to compliance with this Booking Policy. In the event that the Tenant’s unpaid debts, in particular due to the amount of costs and expenses incurred by 9410, exceed the Security Deposit following non-compliance with this Booking Policy, the Tenant agrees to pay said excess to 9410 without delay.
5. Cancellation and alterations.
5.1. Cancellation. Up to THIRTY (30) days before the scheduled arrival date for the rental of the Cottage, the Tenant may, by sending a written notice by email, to 9410, either:
a) request the cancellation of the rental of the Cottage upon payment of a penalty in the amount of THIRTY-FIVE PERCENT (35%) of the total reservation amount. In this case, 9410 undertakes to remit to the Tenant any other amount received up to the date of cancellation minus the amount of the penalty mentioned above no later than SEVEN (7) working days following receipt of said written notice;
OR
b) request the cancellation of the rental of the Cottage without costs or penalties and request the transfer of the Deposit for the rental of another Cottage if he books another Cottage from 9410 within a maximum period of THIRTY (30) days following the original arrival date or in accordance with the credit coupon issued by email from 9410. In this case, 9410 keeps the Deposit and any other amount received until the date of cancellation and may apply it to the Tenant’s next Cottage rental, all subject to the applicable availability of the Cottages. If it is not possible to transfer the Deposit for any reason or if the Tenant does not book another Cottage within the aforementioned period, Article 5.1 a) applies with the necessary modifications.
In any case, if the Tenant cancels the rental of his Cottage outside the period of THIRTY (30) days before the scheduled arrival date for the rental of the Cottage, 9410 retains any other amount received. until the date of cancellation less the amount of the Deposit of THIRTY-FIVE PERCENT (35%) without prejudice to its other rights and remedies.
5.2. Cancellation under Extenuating Circumstances
a) Within THIRTY (30) days or more before your arrival: THIRTY-FIVE PERCENT (35%) non-refundable deposit or the possibility of obtaining a credit for a new
reservation within the next EIGHTEEN (18) months following the day of initial arrival.
b) THIRTY (30) days or less before your arrival: All sums paid are non-refundable.
If new government restrictions prevent you from staying in our cottage, a credit will be applicable and valid for another date and / or for another cottage within the next EIGHTEEN (18) months from the initial day of arrival.
5.3. Alterations. Any request for alterations by the Tenant must be presented in writing to 9410 as soon as possible (hereinafter the “Alteration Request”). The Alteration Request is subject to its acceptance by 9410, which undertakes to use its best efforts to accommodate the Tenant as much as possible. However, 9410 cannot in any way be required to accept any Tenant’s Booking Alteration Request, nor can it be held liable for any damage, loss or claim arising from the denial of any Alteration Request. If his Alteration Request is refused, the Tenant may be eligible for a refund of the Deposit, depending on when the Alteration Request is submitted to 9410 in accordance with the following provisions:
5.3.1. If the Alteration Request is presented to 9410 at least THIRTY (30) days before the date of arrival, that it is refused by 9410 for any reason at its sole discretion and that the Tenant following said refusal decides to cancel the rental of the Cottage, the Tenant may request, by sending a written notice by email to 9410, either:
5.3.1. the cancellation of the rental upon payment of a penalty in the amount of THIRTY-FIVE PERCENT (35%) of the total reservation amount. In this case, 9410 undertakes to remit to the Tenant any other amount received up to the date of cancellation minus the amount of the penalty mentioned above no later than SEVEN (7) working days following receipt of said written notice;
OR
5.3.2. the cancellation of the rental of the Cottage without costs or penalties and request the transfer of the Deposit for the rental of another Cottage if he books another Cottage from 9410 within a maximum period of THIRTY (30) days following the initial date of arrival or in accordance with the credit coupon issued by email from 9410. In this case, 9410 keeps the Deposit and any other amount received up to the date of the Alteration Request and may assign it to the Tenant’s next Cottage rental, all subject to the applicable availability of the cottages. If it is impossible to transfer the Deposit for any reason or if the Tenant does not book another Cottage within the aforementioned period, Article 5.2.1 a) applies with the necessary modifications.
6. Occupancy. The Tenant agrees to occupy the Cottage exclusively for resort purposes and agrees to comply with all of the occupancy arrangements provided for below throughout the Duration. In the event of a violation and without prejudice to the other rights and remedies of 9410, 9410 may require from the Tenant to undertake payment as soon as possible, a penalty of TWO HUNDRED AND FIFTY DOLLARS ($ 250.00) for each violation of the terms and conditions following:
6.1. Arrival and departure time. The arrival time at the Cottage is 4:00 p.m. and the departure time from the Cottage is 11:00 a.m.
6.2. Inclusion and exclusion. The rental of the Cottage includes the loan of the following supplies: bedding (pillows, sheets, comforters, dish and kitchen towels, bath mats, hand towel (toilet), etc.), sanitary and cleaning products, heating and electricity, propane for BBQ (from May 15 to October
15) and the cottage’s snow removal service (winter only and subject to the terms of the Owner’s snow removal contract). The rental of the Cottage excludes all other supplies and services, including in particular the supply of personal hygiene products such as towels and washcloths, wood and housekeeping services.
6.3. Number of occupants. The Number of occupants is set at the number established by the Tenant in the Booking Form regardless of their age, including day visitors and those sleeping at the Cottage. This number cannot be greater than that established in the description of the Cottage on the Website.
6.4. Temporary camp. No temporary camp (ex. tent, trailer or recreational vehicle) is authorized on the grounds of the Cottage.
6.5. Exclusion of liability – vermin. Small insects, like spiders and ants, as well as small rodents, like mice, are common in our area. 9410 is not responsible for the presence of vermin in the cabins. 9410 nonetheless undertakes to inspect the cabins regularly to check for the presence of vermin.
6.6. Exclusion of liability – noise complaints. 9410 is not responsible for noise coming from surrounding land or the street.
6.7. Campfires and Fireworks. Campfires are only permitted in designated locations (if applicable), should never be left unattended and should be extinguished at 11:00 p.m. All types of fireworks are prohibited inside and on the grounds of the Cottage.
6.8. Residual materials. Bins containing residual materials (garbage, recycling and compost if applicable) must be moved to the side of the road for collection day, if applicable. A collection calendar is made available to the Tenant in each Cottage, if applicable.
6.9. Smoking and vaping. Smoking and vaping are prohibited inside the Cottage. Any cigarette butt must be thrown in the appropriate places outside the Cottage.
6.10. Behavior and curfew. The Tenant must at all times avoid any behavior that exceeds the normal inconveniences of the neighborhood so as not to disturb the peaceful enjoyment of other tenants and cottage owners. The curfew extends from 11 p.m. in the evening until 7 a.m. and during this period, the Tenant undertakes to maintain a minimum volume of voice and sound (music, noise or other) outside the Cottage.
6.11. End of stay and keys.
6.12.1. When leaving the Cottage, the Tenant must return the Cottage in the same condition as that observed on his arrival, that is to say that he must perform all the tasks listed in the reminder list made available to the Tenant. and in particular putting back the furniture moved, washing and putting away the dishes used, depositing residual materials in the bins provided for this purpose, etc. All costs and expenses incurred by 9410 to restore the Cottage in the event that the Tenant fails to comply with this article may be deducted from the Security Deposit.
6.12.2. The key to the Cottage must be returned when leaving the Cottage in the key box provided for this purpose. If the key is lost or the key is not returned to 9410 for any reason, a key replacement fee of TWENTY DOLLARS ($ 20.00) may be deducted from the Security Deposit.
6.12. Respecting the rules of the Cottage. The Tenant undertakes to comply with any specific rule or regulation of the Cottage established from time to time by the Owner of the rented Cottage and brought to the attention of the Tenant upon his arrival by the notice left to this effect in the Cottage, if appropriate.
6.13. Sanitary measures. In the event of an epidemic, pandemic and / or health crisis (hereinafter the term “Crisis”), the Tenant undertakes to comply with all the health measures imposed by any governmental authority in force and to inform as soon as possible 9410 before arriving at the Cottage: a) if the Tenant or any person occupying the Cottage personally presents any symptoms related to the illness concerned by the Crisis; b) if the Tenant or any other person occupying the Cottage or any other person in their respective household has traveled outside of Canada during the last 14 days; c) if the Tenant or any person occupying the Cottage has had close contact with a person who has been diagnosed with the disease concerned by the Crisis or who is awaiting a diagnosis.
7. Representations and guarantees. By renting a Cottage belonging to an Owner, through 9410, You represent and warrant that as a Tenant:
7.1. You are duly authorized and / or have the required capacity to book a Cottage;
7.2. You will use the Cottage only for resort purposes, You will request the Rental of the Cottage for yourself and You will not make any improvements or modifications to the Cottage during the Duration;
7.3. You will pay any amount due to 9410 in accordance with the terms set out in this Booking Policy and You agree not to pay the Owner directly for the rental of the Cottage, any amount due in connection with the rental of it must be paid to 9410 in accordance with this Booking Policy;
7.4. You agree not to assign the rights in the rental of the Cottage, nor to sublet all or part of the Cottage, nor to allow all or part of the Cottage to be occupied by people other than the Tenant or the occupants, without having obtained prior written consent from 9410;
7.5. You agree not to do, keep, or tolerate any person doing or keeping in the Cottage anything that is prohibited by the law, regulations and ordinances of any competent governmental authority having jurisdiction over the Cottage or the activities that take place there; the Tenant committing to comply with these laws, regulations and ordinances;
7.6. You agree to keep the Cottage and / or any equipment in good condition and free from maintenance and repairs, and to notify 9410 as soon as possible of any situation requiring maintenance, repairs and replacements required at the Cottage and / or any equipment included;
7.7. Throughout the Duration, You agree to allow access to the Cottage to 9410, its agents or representatives and / or the Owner to ensure that the Tenant complies with all the terms and conditions of this Booking Policy;
8. Disclaimer of warranty. If You choose to book a Cottage from the Website, You do so at your own risk. The rental of the Cottage is offered to You as is, as available, without any guarantee, whether express or implied, including in particular no guarantee as to the weather conditions, the conditions of the Cottage, the conditions of the neighboring cottages, and the proper functioning of any equipment and / or device included in the rental of the Cottage and described on the Website. For the avoidance of doubt, in any way, neither 9410 nor the Owner can be held responsible for replacing or compensating a Tenant for the loss of use of equipment and / or device in poor condition on the date of arrival or damaged by anyone during the Duration.
You acknowledge and agree that You have had the opportunity to inform Yourself about 9410 and the cottage rental offer, any law, rule or regulation that may be applicable to Your rental, which You do not base yourself on any legal statement or any fact provided by 9410 in relation to Your reservation.
You agree that the rental of the Cottage and the activities that may take place may involve risks and that You voluntarily choose to accept these risks. You accept full responsibility for the choices You make before, during and after the rental of the Cottage.
The warranty exclusions provided for in this article apply to the extent permitted by any applicable law.
9. Limitation of liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, THE OVERALL RISK RESULTING FROM YOUR BOOKING AND RENTAL OF A COTTAGE, FROM THE USE OF THE WEBSITE FOR RESERVATION AND RENTAL OF A COTTAGE, REMAINS YOURS. NEITHER 9410 NOR ANY OTHER PARTY INVOLVED IN THE RESERVATION AND RENTAL OF A COTTAGE AND THE USE OF THE WEBSITE FOR THE RESERVATION AND RENTAL OF A COTTAGE SHALL BE LIABLE FOR ANY DAMAGES, SPECIAL INCIDENT, EXEMPLARY OR INDIRECT, INCLUDING LOSS OF ENJOYMENT, LOSS OF PROFITS, LOSS OF DATA, LOSS OF HANDLING, INTERRUPTION OF BUSINESS, DAMAGE TO COMPUTERS, DEFAULT IN THE SYSTEM, REPLACEMENT COSTS OR FOR ANY HARM OR FOR ANY DAMAGE OR INCONVENIENCE OR ANY EMOTIONAL DISTRESS RELATING TO I) THIS BOOKING POLICY, II) USE OF OR INABILITY TO USE THE WEBSITE, OR III) RESERVATION AND RENTAL OF A COTTAGE, INCLUDING THE PROVISION OF ANY OTHER SERVICE, WHICH IT IS BASED ON LEGAL GUARANTEE, CIVIL AND EXTRACONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT 9410 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS REGARDS OF 9410’S OBLIGATIONS, IF APPLICABLE, TO PAY AMOUNTS DUE TO TENANTS DUE TO THIS BOOKING POLICY OR DUE TO ANY OTHER AGREEMENT, IN NO EVENT SHALL 9410’S TOTAL LIABILITY, RESULTING FROM OR IN CONNECTION WITH I) THIS BOOKING POLICY, II) USE OF OR INABILITY TO USE THE WEB SITE, OR III) RESERVATION AND RENTAL OF A COTTAGE, INCLUDING THE PROVISION OF ANY OTHER SERVICE, WILL EXCEED THE TOTAL VALUE OF THE TARGETED RESERVATION. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE ESSENTIAL TERMS OF THIS AGREEMENT BETWEEN 9410 AND YOU.
10. Compensation.
10.1. Notwithstanding any other provision to the contrary contained in the Booking Policy and without limiting the generality of the foregoing, the Tenant shall compensate 9410 and keep him safe from all losses, claims, lawsuits, liabilities, expenses and all damages and interests due to the false or inaccurate representations or guarantees of the Tenant, as the case may be, or the non-performance of his commitments or other obligations under this Booking Policy and / or relating to death, bodily injury, property damage or other loss or injury of any kind resulting from the booking and rental of the Cottage, or from any event occurring in or from the Cottage, or from occupancy or any use thereof or any part thereof by the Tenant, or caused in whole or in part by any act or omission of the Tenant or a third party authorized to be in the Cottage by the Tenant.
10.2. If 9410, through no fault of its own, is involved as a party in a dispute submitted by the Tenant or against the Tenant, the Tenant undertakes to compensate 9410 and to keep him covered and to pay all reasonable costs, expenses and legal fees incurred or paid by 9410 in connection with such litigations. The Tenant must also pay all costs, expenses and legal fees that 9410 may incur or pay for the performance of the provisions, obligations and conditions contained in the Booking Policy.
11. Duration and Termination.
11.1. The Agreement becomes effective upon receipt by 9410 of Your completed and signed Booking Form and ends upon the occurrence of the first of the following two events: the cancellation of a reservation of the Cottage concerned in accordance with the provisions of this Agreement or upon delivery of the Security Deposit by 9410. It also terminates if it is terminated without delay following receipt by the Tenant of the written notice sent by 9410 in the event that one of the cases of default occurs as described below. The Tenant consents and understands that the provisions which, by their nature, must survive the termination of this Agreement will continue to have effect despite its termination. In addition, at the end of this Agreement, the Tenant still remains responsible for the obligations towards 9410 for any cottage rental in progress or not, if applicable.
11.2. In each of the following cases (hereinafter referred to as “default events”), the Tenant is considered to be in default if:
11.2.1. the Tenant fails to take possession of the Cottage or if he abandons it;
11.2.2. the Tenant fails to pay rent or any other amount that may be due under this Booking Policy;
11.2.3. the Tenant becomes bankrupt or assigns his property or makes a proposal in bankruptcy or places himself under the protection of any law favorable to debtors;
11.2.4. the Tenant fails to comply with one or other of his obligations under this Booking Policy;
11.3. In the event of the occurrence of one of the above-mentioned cases of default, 9410 may, at its choice, give the Tenant or any person occupying the Cottage written notice of its intention to terminate without delay upon receipt of said notice, this present Agreement without indemnity or compensation. In such a case, the Agreement terminates upon receipt of said 9410 notice, without the need for formal notice or legal proceedings. In such a case, the Tenant must then leave and immediately return the Cottage to 9410. 9410, the Owner or his employees may then, immediately and at any subsequent time, enter the Cottage to repossess it, by action in justice or otherwise, without being held liable for any resulting damage, if a rental of the Cottage is in progress. Such termination and repossession are subject to all other rights and remedies of 9410 against Tenant under this Booking Policy. Among other things, 9410 may claim from the Tenant any amount owed to it in accordance with this Booking Policy as well as applicable taxes and interest, without prejudice to its right to claim from the Tenant the damages incurred.
12. General.
12.1. This Agreement and any question relating to its validity and its execution are governed by the laws of the province of Quebec and shall be subject to the entire and exclusive jurisdiction of the courts of the judicial district of Megantic. If any provision of this Agreement is or becomes invalid or unenforceable, the Parties will continue to be bound by the other provisions of this Agreement. In this eventuality, the Parties will replace the invalid or non-enforceable provision with provisions which are invalid and which have, to the greatest extent possible, an effect similar to the provisions which have been invalidated or deemed unenforceable, considering the content and purposes of this Policy.
12.2. You agree that this Agreement and all of the agreements forming part thereof may be automatically assigned by 9410 in its sole and absolute discretion without notice to You, subject to applicable laws. The Tenant may not assign their rights under this Agreement in any way without obtaining the prior written authorization of 9410.
12.3. Unless otherwise provided, any notice to 9410 must be sent to him by email at [email protected]. Any notice to You will be provided via the email address or mailing address You provided to 9410 when You made Your reservation.
12.4. Headings in this Agreement are for reference purposes only and may not be used in any way to interpret any section. The words “included” and “including” are deemed to be followed by the words “without any limitation”.
12.5. For the purposes of this Agreement, “Extenuating Circumstance” means any unforeseeable and irresistible event beyond the control of 9410 against which the latter cannot protect or guard itself, including in particular and without being limited to the scope of this which precedes: any disaster
caused by nature, fire, accident, war (whether declared or not), insurrection, riot, act of terrorism, illegal strikes, spontaneous stoppage or slowdown of work, lockout, significant change in market conditions, failure of telecommunications or electricity lines, interventions by armed military or civilian forces, or obedience to an act of government or an order of a court or public authority, any epidemic, pandemic, health crisis, the application of any health measure imposed by any government authority in the context of any epidemic, pandemic or health crisis, and any ministerial decree in force prohibiting or restricting the rental of cottages.
12.5.1. Although 9410 undertakes to take all the measures required to mitigate the impact of a case of Extenuating Circumstances, the Tenant acknowledges and agrees that 9410 cannot be considered in default of its obligations under this Policy nor responsible for damages or delays arising from the occurrence of a case of Extenuating Circumstances.
12.5.2. In a case of Extenuating Circumstance, 9410 may, at its sole discretion, either terminate the Agreement resulting in particular the cancellation of any Booking and / or the end of any rental and current occupation of a Cottage by the Tenant, either suspend it in whole or in part for the duration of the case of Extenuating Circumstance without any liability for losses and damages incurred for the Tenant.
12.6. Failure of a Party to act because of a violation by another Party does not constitute a waiver of that Party’s rights to act in connection with subsequent or similar violations.
12.7. This Agreement establishes the entire understanding between You and 9410 in connection with the purposes provided herein and takes precedence over any understanding and agreement between the Parties whether oral or written.
12.8. The Booking Policy may be unilaterally changed by 9410 and 9410 will notify You in writing. Any changes are effective on dates determined at 9410’s sole discretion.
12.9. 9410 reserves the right to correct any typographical errors in this Booking Policy and 9410 cannot be held responsible to any Tenant for any typographical error.