The Owner's Suite
Terms & Conditions
Deposits are fully refundable if cancelled more than 14 days prior to your arrival date. Reservations cancelled within 14 days of arrival may be subject to forfeit of deposit. All cancellations must be made in writing.
GENERAL TERMS & CONDITIONS
The Owner’s Suite at Paglione Estate Winery (the “Accommodation“) is a short-term rental accommodation that is wholly owned by Santal Homes Ltd. DBA Paglione Estate Winery, a Canadian-controlled private corporation (CCPC) (the “Owner“). The Accommodation is offered to the traveling or vacationing public (the “Renter“) as a temporary rental and is located at 724 County Road #50 East RR#1 Harrow, Ontario N0R 1G0 Canada.
Temporary Vacation Rental
The Parties agree that this contract outlines the terms and conditions of the Renter‘s temporary use of the Accommodation as a short-term vacation destination, for the term outlined below.
Term and Check-In
The term of this short-term rental shall be from the check-in time and date stated on the Renter‘s confirmed reservation to check-out date and time stated on the Renter‘s confirmed reservation. The Renter shall check-in after 4:00pm EST and check-out before 11:00am EST, unless otherwise agreed to by the Owner. At the end of this short-term rental contract the Renter must vacate the Accommodation or sign a new rental contract if authorized by the Owner.
Renter agrees to defend, indemnify, and hold harmless the Owner (including the Officers, Directors, and Shareholders) and its employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, arising out of or resulting from: (i) bodily injury, death of any person, or damage to real or tangible personal property, resulting from Renter’s acts or omissions; and (ii) the Renter’s breach of any its obligations under this Rental Contract.
Limitation of Liability
In no event shall the Owner be liable to the Renter or to any third party for any consequential, incidental, indirect, exemplary, special, or punitive damages (hereafter “damage” or “damages”) that may arise out of the Renter’s use of the Accommodation pursuant to this Rental Agreement, whether arising out of law or equity, breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not the Owner has been advised of the possibility of such damages. Renter explicitly acknowledges that the Accommodation is located on a winery/restaurant/farm property; that there is ongoing hospitality and tourism involving the general public, including a busy restaurant and associated equipment, landscaping and construction around the grounds, wine manufacturing, and farming activities occurring on or near the Accommodation; and that such activity may pose a risk of physical harm to Renter, Renter‘s children, and/or Renter’s guests. Renter nonetheless agrees to this limitation of liability. The Renter explicitly acknowledges that the Owner does not owe the Renter a duty of care under the Occupier’s Liability Act, R.S.O. 1990, c. O.2 (“Occupier’s Liability Act”). The Renter hereby explicitly waives its rights under the Occupier’s Liability Act for any and all damages the Renter may incur as a result of using the Owner‘s Premises, as defined in the Occupier’s Liability Act.
Severability and Governing Law
In the event that any of the provisions of this Rental Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this agreement.
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario, and where applicable the federal laws of Canada, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding the Renter‘s domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Rental Contract will be instituted in the Superior Court of Justice of Ontario sitting in Windsor, Ontario, or the Federal Court of Canada (if applicable), and the Renter irrevocably submits to the exclusive jurisdiction of such courts in any action or proceeding. Renter hereby waives any and all objections to the exercise of jurisdiction over Renter by such courts and to the venue of such courts.
Working Winery, Restaurant, Manufacturing, Farming and Firepit Use Warning and Waiver
The Accommodation is located on a winery/restaurant/farm property that includes ongoing hospitality and tourism involving the general public, including equipment operation, wine manufacturing, heavy farming equipment, open water areas, and use of firepits. Please be aware, give right of way and space to tractors and farm equipment, transport trucks, and other vehicles that are moving around and/or working. Children are to be supervised by Renter at all times.
The Renter hereby explicitly waives its rights under the Occupier’s Liability Act for any and all damages the Renter may incur as a result of using the Owner’s Premises, as defined in the Occupier’s Liability Act.
The Renter hereby agrees to indemnify and save and hold harmless the Owner from any loss, liability, damage, or cost they may occur due to their presence in or upon the area. The Renter hereby assumes full responsibility for risk of bodily injury or death.