Skip to main content

Terms and conditions

Last update: May 3, 2023

Please read these Terms and Conditions of Service carefully as they contain important information regarding your rights and obligations.

By reserving Accommodations on our website, through our customer service or using Eau Villa’s facilities, you agree comply with these Terms and Conditions. These Terms and Conditions constitute a legally binding agreement between you and Eau Villa (as defined below) and govern your access to and use of Eau Villa Accommodations and all associated services. We will email you a reminder of these Terms and Conditions within 24 hours of your reservation.

We offer a houseboat rental service located in the Chambly marina at 1765 Bourgogne Ave., Chambly, QC J3L 1Y8 and at 1006 Chemin Elie, Sutton, J0E 2K0, QC, Canada. You may reserve an Accommodation in different ways: through the Eau Villa website or by phone with the Eau Villa customer service.

The terms « Eau Villa » « Accommodation » « Floating houses », « we » or « our » used in these Conditions refer to Eau Villa Inc., having its head office located at 2716 Lapierre, Montreal, Quebec, H8N 2W9, CANADA.

Glossary

Terms and Conditions : These Terms and Conditions of Service. Any person using the website or the rental service must comply with these Terms and Conditions.

Contract : Acceptance of these Terms and Conditions of Service constitutes the Contract between the Service User and Eau Villa.

Service : We offer a houseboat rental service through our website.

Stay : The period for which the Tenant rents the Accommodation.

Accommodation : The lodgings that Eau Villa offers, also referred to as houses, mini houses, houseboats, cottages and mini cottages, are collectively referred to as “Accommodations”.

Site : The Eau Villa website.

Tenant : The person with whom Eau Villa has entered into a Rental Agreement. The Tenant is responsible for ensuring compliance with these Terms and Conditions and will be held accountable for any person who fails to comply with these Terms and Conditions while in the rented Accommodation.

Guests : Any person present in the Eau Villa compound but not listed on the rental agreement. These Terms and Conditions apply in their entirety and for the duration of the contract for Guests, as it does for Tenants.

Users : Tenants and Guests are collectively referred to as the “Users”.

Pre-Authorization : An amount charged to the Tenant’s credit card as a security deposit to cover expenses and damages incurred during the rental of a house.

Breach : An action by a User that does not comply with our Terms and Conditions of Service and may result in a charge to the Pre-Authorization.

Table of Contents

  1. Scope of Eau Villa Services
  2. Eligibility and Use of Service
  3. Amendments to the Service and Terms and Conditions
  4. Website Use
  5. Prices, Payment, Currency and Exchange Rates
  6. Pre-Authorization
  7. Damages to Accommodations
  8. Reservation Changes, Cancellations and Refunds
  9. Tenant’s Responsibilities and Obligations
  10. Activities, Watercraft and Associated Services
  11. Pet Policy
  12. General Provisions
  1. Scope of Eau Villa Services
    • 1.1 Eau Villa is a rental service for floating Accommodations for vacations, events or any other use approved by Customer Service and complying with these General Conditions.
    • 1.2 Reservations for Eau Villa Accommodations can be made at any time using the reservation tool on the Website or by contacting Customer Service by telephone during the opening hours indicated on our Website.
    • 1.3 The Eau Villa Website may contain links to third-party websites or resources (the “Third Party Services”). These Third Party Services may be subject to different Terms and Conditions of Service and privacy practices. Eau Villa is not responsible for the availability or accuracy of such Third Party Services or the content, products or services available from such Third Party Services. Links to such Third Party Services shall not be construed as Eau Villa’s endorsement of such Third Party Services.
    • 1.4 The rental of an Accommodation includes parking for one vehicle at no charge. The Tenant must use only the parking spot reserved for them. An email confirmation reservation will provide the parking spot number. For stays at Eau Villa Chambly, any additional vehicle will have to park in the public parking of the Marina at a cost of 15$ per day.
    • 1.5 The arrival at the Accommodations is done independently. The Tenant does not need to check in on arrival at the Marina or at Sutton once the reservation confirmation email confirms the reservation. The Tenant unlocks the houseboat with a digital code lock. The Tenant will receive the code by email on the day of the reservation. A $250 fee will be charged to your credit card if you forget to return the key.
    • 1.6 Under no circumstances will Eau Villa be held responsible for damages of any kind, including actual or consequential damages, loss and/or breakage of personal property, injury and/or death resulting from the us of the Service, associated activities and services or personal equipment during the rental of our Accommodations.
    • 1.7 Eau Villa disclaims all responsibility in case of theft or damage to personal belongings in the Accommodations and common areas. Eau Villa cannot be held responsible in case of theft or damage of personal objects. We remind you that the parking lots are unsupervised and, therefore, Eau Villa disclaims all responsibility in case of incidents to the clients’ vehicles. Eau Villa also disclaims all responsibility for the civil liability of Users.
  2. Eligibility and Use of Service
    • 2.1 To reserve and use Eau Villa Accommodations, you must be a natural person aged 18 years or older or a company, organization or other duly incorporated company, recognized and in good standing under the laws of the country in which you are established, and can enter into a contract.
    • 2.2 We reserve the right to refuse access to the Services to any person at any time, for any reason.
    • 2.3 The period the Tenant rents the Accommodation (the “Stay”) begins from the moment the Tenant takes possession of the premises and continues until the moment the rental Contract ends. The Tenant is responsible for notifying Eau Villa’s Customer Service Department of an early departure.
    • 2.4 It is the Users’ responsibility to identify, understand and comply with all laws, rules and regulations applicable to the use of the Service. Use of our Service for any illegal or unauthorized purpose is prohibited.
  3. Amendments to the Service, Prices and Terms and Conditions
    • 3.1 Eau Villa reserves the right to change these Terms and Conditions at any time in compliance with this section. If we change these Terms and Conditions, we will post the amended Terms and Conditions on the Eau Villa Website by changing the “Last Updated” date at the top of the Terms and Conditions. If you do not terminate your Contract before the date the amended Terms and Conditions take effect and continue to access the Website or use our Accommodations, you will be deemed to have accepted the amended Terms and Conditions.
    • 3.2 Our prices are subject to change without prior notice.
    • 3.3 We reserve the right to change or discontinue the Service at any time (and any part or content of the Service) without prior notice.
    • 3.4 We are not responsible to you or any third party for any change in the price or suspension or interruption of the Service.
  4. Website Use
    • 4.1 The design of the Website and all text, graphics, information, content and other materials displayed on this Website or available for download, including but not limited to text, data, wallpaper, icons, illustrations, images, photographs, music, sound, messages and HTML code used to generate the pages are the exclusive property of Eau Villa. You may not use or modify the information, content or materials on this Website in any way, nor may you reproduce or display, perform, distribute or use such materials for any public or commercial purpose. Any unauthorized use of such information or materials may violate copyright, trademark, privacy and publicity laws, among other laws and regulations.
  5. Payment, Transaction, Currency and Exchange Rates
    • 5.1 All stated prices are in Canadian dollars. Taxes (QST and GST) are not included in the posted prices. All payments are in Canadian dollars. Due to exchange rate fluctuations, slight changes can be observed between the amounts initially invoiced and the amount refunded. Eau Villa can not be held responsible for exchange rate fluctuations.
    • 5.2 At the time of the reservation, the total amount of the stay must be paid by bank card (the cards accepted are Visa, Mastercard and American Express). Eau Villa immediately charges the transaction to the client’s bank card after verification of the card’s data. The client authorizes Eau Villa to charge their bank card for the total amount of the stay by providing their bank card information. To this end, the client confirms that they hold the bank card to charge and that the name on their bank card is indeed their own. Eau Villa does not accept checks.
    • 5.3 Refunds by credit card can take up to 15 working days, depending on your financial institution.
    • 5.4 The client must use promotional offers at the time of the reservation. The offers cannot be applied after the transaction is complete.
  6. Preautorization
    • 6.1 A pre-authorization of 1(the “Pre-Authorization”) will be held on the Tenant’s credit card 48 hours before the arrival date of the Stay and will be returned 72 working hours after the departure date of the Stay, subject to compliance with these Terms and Conditions. We do not accept prepaid credit cards or debit cards. If the credit card blocks the pre-authorization, we reserve the right to cancel your reservation without refund.
    • 6.2 The Pre-Authorization is necessary to cover the costs incurred by the Tenant and/or one of their Guests in the case of an incident, breakage, negligence or any other behaviour deemed in violation of our Terms and Conditions (the “Breach”).
    • 6.3 We may withhold the Pre-Authorization of any Tenant involved in the Breach for up to 30 days to permit a determination of the actual costs incurred by the Breach.
  7. Damages to Accommodations
    • 7.1 As a User, you are responsible for returning the Accommodation (including all property in the Accommodation) to the same condition as it was on arrival. You are responsible for your actions and omissions and those of any person you invite or to whom you give access to the Accommodation.
    • 7.2 If Eau Villa finds that you, as a User, have damaged an Accommodation or property in an Accommodation, Eau Villa will, after your Stay, recover from you and/or charge from the Pre-Authorization the amount necessary to resolve and repair the Breach. Furthermore, Eau Villa reserves the right to recover any amount from you and to pursue all remedies available if you are found liable in the Breach. You may appeal an Eau Villa decision based on Section 7.2 by contacting Customer Service. Decisions made by Eau Villa concerning a Breach do not affect your contractual or legal rights. This clause does not affect your right to take legal action in a court of law.
  8. Reservation Changes, Cancellations, Refunds and Notices
    • 8.1 In case of change or cancellation of the Stay the following policy applies :
    • Thirty (30) days before arrival : you may cancel or change your reservation. A cancellation will result in a total refund of the reservation amount less service fees (7% + tx). For changes in reservations, if the new reservation rate is higher than the original reservation, you will be required to pay the remaining balance. Changes are subject to availability in the reservation calendar and cannot be guaranteed.
    • Between 29 and 15 days before arrival : Reservations cannot be cancelled; you may only make changes. Cancellation will result in the loss of 100% of the reservation amount, plus applicable taxes. Any change to a reservation will result in a $75 fee, plus applicable taxes. If the new reservation rate is higher than the original reservation, you will be required to pay the remaining balance. (However, no refunds are given if the new reservation rate is lower than the original reservation rate). Changes are subject to availability in the reservation calendar and cannot be guaranteed.
    • Fourteen (14) days or less before arrival : Reservations cannot be cancelled or changed. Cancellations will result in the loss of 100% of the reservation, plus applicable taxes.
    • 8.2 Eau Villa’s Customer Service is the only entity authorized to decide on any reservation change, cancellation or request for refund. The Marina’s employees are not part of the Eau Villa’s Customer Service and cannot in any way replace the latter’s decision or offer any guarantee on decisions. All requests for cancellations or changes to rentals must be made in writing to info@eauvilla.com.
    • 8.3 Not using the services provided during the Stay cannot result in a refund.
    • 8.4 Eau Villa will evaluate any request for change or cancellation of a Stay resulting from COVID-19 on a case-by-case basis.
    • 8.5 Eau Villa reserves the right to refuse any change or special requests for a Stay. Fees may apply for some requests. If Eau Villa cannot honour your reservation, we will not be held accountable for any charges incurred.
    • 8.6 If you cannot arrive at one of our Accommodations for the first night of your reservation but wish to use the remainder of your Stay, you must notify Customer Service no later than the originally scheduled rental date to avoid cancellation of your reservation. If you do not confirm the reservation change with Customer Service, the entire reservation is subject to cancellation, and we will not issue a refund.
  9. Tenant’s Responsibilities and Obligations
    • 9.1 The deadline for vacating the Accommodation is 11:00 AM (check-out). You agree to vacate the Accommodation no later than the occupancy time specified in this section. If you Stay beyond the occupancy time without the consent of Customer Service, you are no longer entitled to occupy the Accommodation, and we have the right to remove you from the Accommodation by means that comply with applicable law. If you occupy the Accommodation longer than expected, you authorize Eau Villa to charge your Pre-Authorization to collect unduly extended Stay fees.
    • 9.2 Check-in time is 4:00 PM on the day the rental begins. You may not access the Accommodations or use the parking space included with the reservation before this time unless expressly granted by Customer Service.
    • 9.3 All Eau Villa Users must comply with local by-laws, including those of the Chambly Marina.
    • 9.4 You are required to report any incident or accident occurring on the premises of Eau Villa to Customer Service within 48 hours of the event.
    • 9.5 Smoking in our Accommodations, the outdoor terrace, the roof terrace and the outdoor dock of the houses is strictly prohibited. An amount of $250 will be held on the Pre-Authorization if we consider that you have not complied with this instruction.
    • 9.6 You are prohibited at all times from making noise that disturbs the peace or tranquillity of persons in the Marina or Accommodation areas. A fee of $350 will be withheld from the Pre-Authorization for observed sound nuisance.
    • 9.7 Each houseboat is equipped with lifebelts. You are responsible for practicing safe behaviour considering the risks of staying on unprotected and unsupervised docks and boats surrounded by water.
    • 9.8 Lifebelts are available in each of the floating houses with paddle boards. Swimming is permitted within 10 meters of the floating houses in Chambly only. You are responsible for being aware of and adapting to the traffic of boats in the Marina to avoid accidents.
    • 9.9 Eau Villa is located in a nautical environment with risks. We wish to inform Users of the risks of drowning and collision with moving boats. We recommend vigilance at all times and not to get into the water if the safety conditions are not met. Children must be supervised at all times on the docks and in the water. Children under the age of 8 must wear a personal flotation device (PFD) at all times while on the docks.
  10. Activities, Watercraft and Associated Services
    • 10.1 Any free or paid activity offered with the rental of our Accommodations may, under certain circumstances, be changed or cancelled upon your arrival without prior notice.
    • 10.2 You are responsible for any damage or loss of equipment associated with your Accommodation during the rental period. We reserve the right to deduct the replacement or repair cost from the Pre-Authorization.
    • 10.3 Each Accommodation is provided with a paddle board (SUP) for the duration of the Stay. Eau Villa Users are responsible for knowing and applying safety guidelines, proper environmental and courtesy ethics to other watercraft. These rules also apply to private watercraft Users may wish to use on the marina site, including but not limited to: inflatable buoys, kayaks, canoes, etc. Only motorized watercraft may use the main navigation channel. Users may not transport or use paddle boards anywhere other than within the perimeter of the Chambly marina.
    • 10.4 Users are strictly forbidden at all times to enter the main navigation channel of the marina, located on the left side of the houses along the concrete dike. Users must use only the secondary channel to the right of the houses in the middle of the rock dike to exit the marina.
  11. Pet Policy
    • 11.1 Dogs are only allowed on the Eau Villa Chambly site with a limit of two (2) per lodging per Accommodation. Eau Villa will charge an additional $150 fee for the rental duration to cover the extra time required to clean the Accommodation.
    • 11.2 If a pet causes damage, we will deduct the repair cost from the Pre-Authorization.
    • 11.3 It is your responsibility to ensure your dogs’ safety and good behaviour toward other Eau Villa or marina Users.
  12. General Provisions
    • 12.1 These Terms and Conditions, together with any additional conditions, policies, rules or standards, constitute the entire Agreement between Eau Villa and you concerning the subject matter hereof and supersede all prior agreements and understandings, whether oral or written, between Eau Villa and you concerning access to and use of the Site and the Accommodations.
    • 12.2 These Terms and Conditions of Service do not confer and are not intended to confer any rights or remedies upon any person other than the parties.
    • 12.3 If any provision of these Terms and Conditions is found to be invalid, void or unenforceable, that provision shall be struck without affecting the validity and enforceability of any remaining provisions.
    • 12.4 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Eau Villa’s prior written consent. Eau Villa may, without restriction and at its sole discretion, assign, transfer or delegate this Agreement and any of its rights and obligations hereunder with 30 days prior notice.
    • 12.5 If you have questions regarding these Terms, please email us at info@eauvilla.com.