CORMORANT ROCK - TERMS AND CONDITIONS

• Universal Provisions

Terms of use

• Please read the following Terms and Conditions (the “Terms”) closely. Cape Smokey Holding, Ltd. (“Cape Smokey” or “Provider”) provides certain e-commerce services through its websites for which Cape Smokey acts as a service provider (collectively the “Site”). By accessing, browsing and using this Site, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated herein and you agree to be bound by these Terms. Cape Smokey may at any time modify these Terms, and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.

Corporate Identification and Trademarks

• You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Cape Smokey’s prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited.
• Terms and Conditions of Procurement or Booking of Transport Services or, respectively, other Travel Services

All purchases are final and cannot be cancelled, refunded or transferred to another person unless otherwise specified.
All tickets and passes are subject to restrictions described in the product description and/or pickup instructions.
Your credit card will be charged for the amount shown, regardless of whether or not the purchased ticket(s) is/are used.
We do not guarantee snow conditions, weather conditions, open terrain or number of lifts operating.
SECTION A – GENERAL TERMS AND CONDITIONS: 
Use Restriction

• This Site may be used solely for the purchase of products and/or services offered by Cape Smokey. The Site shall not be used for speculative, false, or fraudulent purchases. Automated means of access to this Site are prohibited, unless expressly authorized by Cape Smokey.
• It shall be represented and warranted that the User is of sufficient legal age to create binding legal obligations arising from the use of this Site. User profile information shall be promptly updated to ensure that it remains current, complete, and accurate.
• The placement of a purchase under a false name or with an invalid credit card constitutes a violation of law. It must be noted that even where a false name is submitted, a unique Internet address is transmitted by the User’s browser and may be used by law enforcement authorities to establish identity. Fraudulent users shall be prosecuted to the maximum extent permitted by law.
• Permission is granted for portions of this Site to be electronically copied and printed in hard copy exclusively for the purpose of using the Site as a shopping resource. Any other use of materials or content from this Site, including reproduction for any purpose other than that stated above, is strictly prohibited without the prior written consent of Cape Smokey.

Ownership of the Site

• The Site, all content appearing on the Site, and all software used to provide the Site and its services are and shall remain the exclusive property of Cape Smokey and its partners. Any feedback, comments, or suggestions voluntarily submitted by a User regarding Cape Smokey or its services may be freely used without obligation or compensation to the User.

No Warranties

• Unless otherwise expressly agreed by the Provider, all products, services, advice, merchandise, and information made available through this Site shall be provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, other than those required by law. This includes, but is not limited to, warranties of title, implied warranties of merchantability, satisfactory quality, or fitness for a particular purpose.
• No warranty or guarantee shall be made with respect to:
• the acceptance of any purchase;
• the lowest available price for goods and/or services available through this Site;
• the availability of products and/or services through this Site or at any participating retailer;
• error-free operation of this Site or any software, products, or services associated with it;
• results obtained from the use of this Site;
• the completeness, accuracy, reliability, or quality of any information, content, data, service, advice, or merchandise made available through this Site; or
• the performance or non-performance of this Site, including consequences arising from the passage of time.
• Use of this Site shall be undertaken solely at the User’s own risk.

Limitation of Liability

• To the fullest extent permitted by law, in no event shall Cape Smokey Holding, Ltd.—including its officers, directors, employees, representatives, affiliates, or providers (collectively, the “Covered Parties”)—be held liable for any injury, death, loss, claim, damage, act of God, accident, delay, or for any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based in contract, tort, or otherwise, arising out of or connected with: (a) use of this Site, any delay or inability to use the Site, or any information, software, products, or services obtained through this Site; or (b) activities participated in as a result of purchases made on the Site, even if notice of the possibility of such damages has been given.
• The Covered Parties shall not be held responsible for any damage or delay caused by cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather, or any other causes beyond their control. No responsibility shall be accepted for additional expenses, omissions, delays, rerouting, or acts of governmental authority. No Covered Party shall be liable for any Provider’s breach of warranty, including implied warranties of fitness for a particular purpose or merchantability, or for any other wrongful act by a Provider.
• Aggregate cumulative liability of the Covered Parties to any User shall, to the fullest extent permitted by law, be limited to the fee or charge assessed by Cape Smokey for the purchase.

Third Parties

• Where purchases are submitted on behalf of a third party (“Third Party”), the User submitting such purchase shall be held responsible for the accuracy of all information provided. All applicable Terms, restrictions, and rules shall be communicated to the Third Party by the User.

Indemnification

• The Covered Parties shall be defended, indemnified, and held harmless against all claims and expenses, including legal fees and costs, arising from use of the Site and/or from any breach or alleged breach of these Terms.

Links to Other Web Sites and Services

• Where links to third-party services or resources are contained within the Site, any concerns regarding such services shall be directed to the respective providers. None of the Covered Parties shall guarantee or warrant the accuracy or completeness of content on such third-party websites. Such third-party services and resources are independent from Cape Smokey and are not its employees or agents.

Termination of Usage

• User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Payment Methods

• All Purchases must be submitted with a major credit card unless otherwise expressly stated. 

Miscellaneous

• The captions in these Terms are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms. None of the Covered Parties are responsible for any errors or delays in responding to a Purchase caused by an incorrect email address provided by you or other technical problems beyond their control.

SECTION B — RULES AND RESTRICTION FOR TRAVEL PRODUCTS AND SERVICE:
Ticket Booking Restrictions

• All purchases shall be deemed final and shall not be cancelled, refunded, or transferred to another person. Once a purchase is completed, the User’s credit card shall be charged for the amount shown, regardless of whether the purchased ticket(s) is/are subsequently used.
• Where a product is purchased with a payment plan, the User’s credit card information shall be retained for the completion of subsequent payments. All tickets and passes shall be subject to restrictions described in the product description and/or pickup instructions.
• No guarantees shall be made regarding weather conditions, open terrain, or the number of lifts or attractions in operation. No credit shall be given for unused purchases, and no such credit shall be applied toward future purchases.
• Tickets shall not be delivered by mail. Upon confirmation of a purchase by Cape Smokey, an electronic voucher shall be issued, which must be printed or shown on a mobile device at the relevant ticket office in order to redeem tickets. Tickets must be redeemed in person by the Purchaser named on the voucher, upon presentation of a valid photo ID.
• All prices displayed on the Site shall be in Canadian Dollars (CAD), unless otherwise indicated. All applicable taxes, charges, surcharges, shipping/handling, and other fees shall be charged to the credit card submitted by the User.

Booking Fees

• Booking fees constitute special transaction costs imposed at the time of reservation and shall be non-refundable.

Waiver & Liability

• In this agreement, the term “skiing” shall include “snowboarding” and “telemark skiing”.

Assumption of Risk

• I am aware that skiing involves many risks, dangers and hazards including, but not limited to: boarding, riding and disembarking ski lifts; changing weather conditions; avalanches; exposed rock, earth ice, and other natural objects; trees, tree wells, tree stumps, forest dead fall; the condition of snow or ice on or beneath the skiing surface; changes or variations in the skiing terrain which may create blind spots or areas of reduced visibility; changes or variations in the skiing surface or sub-surface, including changes due to man-made or artificial snow; variable and difficult snow conditions; streams, creeks, and exposed holes in the snow pack above the streams or creeks; cliffs; crevasses; snowcat roads, road-banks or cut-banks; impact or collision with lift towers, fences, snow making equipment, snow grooming equipment, snowcats, snowmobiles or other vehicles, equipment or structures; impact or collision with other skiers; and NEGLIGENCE ON THE PART OF CAPE SMOKEY HOLDING OR ITS STAFF INCLUDING THE FAILURE ON THE PART OF CAPE SMOKEY HOLDING AND ITS STAFF TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SKIING. I am also aware that the risks, dangers and hazards referred to above exist throughout the ski area and many are unmarked. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting therefrom. 

Release of Liability Waiver of Claims and Indemnity Agreement

• In consideration of Cape Smokey Holding accepting an application for a ski pass and permitting use of ski lifts, runs, trails, terrain parks, racecourses, and other facilities (collectively, the “Skiing Facilities”), the following shall apply:
• All claims, present or future, against Cape Smokey Holding, its directors, officers, employees, agents, and representatives (collectively, the “Releasees”) shall be waived, and the Releasees shall be released from liability for any loss, damage, expense, or injury (including death) suffered as a result of the use of or presence in the Skiing Facilities, regardless of cause, including negligence, breach of contract, or breach of statutory or other duty of care.
• The Releasees shall be held harmless and indemnified from any liability for property damage or personal injury to any third party resulting from the User’s use of or presence in the Skiing Facilities.
• This Agreement shall be binding upon the heirs, next of kin, executors, administrators, assigns, and representatives of the User in the event of death or incapacity.
• This Agreement shall be governed by the laws of the Province of Nova Scotia, and litigation shall be brought exclusively within its jurisdiction.
• No reliance shall be placed on any oral or written representations not expressly set out in this Agreement.
• This Agreement shall not apply to injuries resulting from mechanical breakdown or failure of ski lifts, tows, or related equipment.
• By execution of this Agreement, it is acknowledged and agreed that certain legal rights of the User and of the User’s heirs, next of kin, executors, administrators, assigns, and representatives may be waived.
• I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
• Terms and Conditions of Procurement of Accommodation Services

INTERPRETATION

• In these Terms:
  • “Booking” means a confirmed reservation for the property known as Cormorant Rock (the “Property”).
  • “Primary Guest” means the individual, aged 25 years or older, who makes the Booking and is responsible for compliance with these Terms by all occupants and invitees (collectively, the “Guests”).

BOOKING AND PAYMENT

• Payment in full is due at the time of Booking.
• A minimum stay requirement may apply depending on season:
  • Summer season (high demand): a minimum of two (2) consecutive nights.
  • Winter season and launch period: one-night stays may be accepted, and Guests are encouraged to contact the Property directly if they require a shorter stay.
• Rates are subject to applicable taxes and mandatory fees disclosed at the time of Booking.
• The Primary Guest must be at least 25 years of age and must remain in occupancy for the duration of the stay.

CANCELLATIONS, CHANGES AND REFUNDS

• Cancellations made thirty (30) days or more prior to the scheduled check-in date are refundable less a five percent (5%) service fee.
• Cancellations made fewer than thirty (30) days prior to the scheduled check-in date are non-refundable.
• No-shows and early departures are treated as late cancellations and are non-refundable.
• Reservation changes are subject to availability and may be treated as a cancellation and re-booking under this Section 3.
• Guests are encouraged to obtain travel insurance appropriate to their needs.

FEES AND TAXES

• The following fees apply to each Booking:
  • Service Fee: 5%
  • Marketing Levy: 3%
  • HST (Harmonized Sales Tax): 14% (applied in addition to the above fees and room rate)
• Any additional fees or levies will be disclosed at the time of Booking.
• A nightly Resort Fee may apply to support guest services and activations. This fee will be disclosed clearly at the time of Booking and may be structured as either a flat fee or percentage, subject to system capabilities and applicable law. 

CHECK-IN AND CHECK-OUT

• Check-in is after 4:00 p.m. on the arrival date.
• Check-out is by 11:00 a.m. on the departure date.
• Early check-in and late check-out may be offered at the Property’s discretion and may incur additional charges. Unauthorized late check-out may result in additional charges.

OCCUPANCY AND USE

• Maximum occupancy is eight (8) persons in total, including children and infants. Exceeding occupancy is a material breach and may result in immediate termination of the stay without refund.
• The Property is for residential lodging only. Parties, events, or commercial use are prohibited unless expressly authorized in writing.
• Guests must comply with posted house rules, municipal by-laws, and reasonable instructions from Property staff. Children must be supervised by a responsible adult at all times.

PETS AND SMOKING

• Pets are not permitted, subject to rights relating to service animals as required by applicable law.
• Smoking or vaping is prohibited inside the Property. Smoking is permitted only in designated outdoor areas, and Guests must safely dispose of smoking materials and comply with any fire restrictions.
• Violations of the Pets or Smoking policies may result in a minimum cleaning or remediation charge of $500, with higher charges applied if damages or extraordinary cleaning are required. Such charges 
• will be applied to the payment method on file.

DAMAGE, LOSS AND EXTRA CLEANING

• Guests are responsible for any damage to the Property, loss or removal of items, smoke or odour remediation, and excessive cleaning beyond normal wear and tear.
• The cost to remedy the foregoing may be charged to the payment method on file or invoiced to the Primary Guest after check-out. An itemized statement will be provided upon request.
• Guests must promptly report any damage or issues to the Property.

HOUSEKEEPING AND ACCESS

• Standard daily housekeeping is not provided unless otherwise communicated.
• The Property (or its representatives) may enter the villa during reasonable hours to provide housekeeping, perform maintenance, or address safety concerns, and at any time in the event of emergency.

SAFETY, PERSONAL PROPERTY AND LIABILITY

• Guests must use the Property and all amenities responsibly and in accordance with instructions and signage.
• The Property is not responsible for loss, theft, or damage to personal belongings left on the premises.
• To the maximum extent permitted by the laws of Nova Scotia and the federal laws of Canada, Guests assume responsibility for their own acts and omissions and agree to indemnify and hold harmless the Property from claims arising out of their stay, except to the extent caused by the Property’s gross negligence or wilful misconduct.

FORCE MAJEURE

• The Property is not liable for cancellations, interruptions, or delays caused by events beyond its reasonable control, including but not limited to extreme weather, public utility outages, acts of government or public authority, strikes, or other events of force majeure.
• Final provisions

GENERAL

• Entire Agreement: These Terms, together with the Booking confirmation and any posted house rules, constitute the entire agreement with respect to the stay.
• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.
• Amendments: The Property may amend these Terms prospectively by posting updated terms prior to new Bookings. Terms in effect at the time of Booking apply to that reservation unless otherwise agreed in writing.
• Consumer Rights (Nova Scotia): Nothing in these Terms is intended to exclude, restrict, or modify any non-excludable rights or remedies that Guests may have under applicable Nova Scotia legislation, including the Consumer Protection Act (Nova Scotia). To the extent of any inconsistency, those rights prevail.
• Compliance with Local Requirements: Guests are responsible for complying with all applicable municipal by-laws and regulations, including any short-term rental registration or licensing requirements that may apply to the Property’s location in Nova Scotia

GOVERNING LAW AND DISPUTES

• These Terms are governed by the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein. The parties irrevocably attorn to the exclusive jurisdiction of the courts of Nova Scotia for any dispute arising out of or relating to these Terms or the stay, subject to any non-excludable consumer protections under applicable law.
• Together with the Privacy Policy, these terms and conditions constitute the entire agreement (collectively, the “Agreement”) between you and each Covered Party and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Effective date: 01.10.2025