Terms & Conditions
STANDARD TERMS & CONDITIONS OF LICENSE OF OCCUPATION
Daiva RV Resorts (Daiva RV) operates recreational vacation properties across Ontario. Our resorts are for recreational vacation purposes only and are not to be used as your primary residence.
The following terms apply to your stay as a Licensee at any of our properties. Our Resorts are non-operational for at least one month per calendar year for repairs and maintenance. During closures, there is no public access to the resorts.
By accepting the Booking Confirmation or by staying at our Resorts you agree to the terms herein which may change from time-to-time and are posted on our website at DaivaRV.ca.
Full Payment: The site fee balance must be paid at the time of booking. Access to the site will not be granted with any outstanding site balances on the account unless prior arrangements with management have been made.
Cancellations & Refunds: All fees are non-transferable and non-refundable. Depending on the length of stay and time of booking, at the time of booking, either 100% (Seasonal Site) or 25% (Transient/Overnight stay) of the total stay, along with any reservation fees, are non-refundable. We reserve the right to refuse service, cancel bookings, or ask guests to leave without refund for policy violations, illegal activity, or disruptive behavior. Full Cancellation policy can be seen HERE.
Check-In & Check-Out: Check-in time is between 3 pm - 6 pm. If your site is ready and available, we would be happy to allow early check-in, but this cannot be guaranteed. If you will be arriving after check-in time due to unforeseen circumstances, please call the park directly to make arrangements. We do NOT allow campsites to be set up after dark for safety reasons. Check-out time is 11 am.
Quiet Hours: Quiet hours are from 10:00 pm until 8:00 am. Please respect your neighbors; no noise after 10:00pm. Persistent and excessive noise will result in eviction. Foul and abusive language will not be tolerated. After 10:00 p.m., all outside music, radios and TVs must be turned off and indoor volume should be kept down. Any disturbance should be reported to the office and shall be dealt with accordingly. Excessive noise at any time including loud noises, profanity, etc. will not be tolerated.
Please be respectful of your neighbours’ space and privacy. All children and teens must be on their site by 10:00 p.m. No loitering or playing in the playground after dark.
Occupancy: Maximum occupancy is 6 guests per site. This License is based on a single family utilizing the Vacation Property at one time. Maximum 1-2 adults, registered on one Vacation Property, and up to four of their children. Only one (1) Camping unit (Tent, RV, Motorhome, Fifth wheel, travel trailer, etc) is permitted per Vacation Property (no tents, extra camping vehicles).
Visitors: Visitors are required to register prior to park entry, an additional fee may apply based on reservation type. The Licensee is responsible for the safety, good conduct and damage or loss of park property by themselves, their children, and guests and/or Visitor(s) and are also responsible to inform their family and guests of the park rules. Visitors are allowed only if maximum occupancy for that site has not been reached. If maximum occupancy has been reached, an additional site must be reserved and paid for to accommodate the visiting guests.
Visitor parking is not guaranteed and is only available if space permits. Short-term rental or allowing your guests to use the Vacation Property without a Licensee present is not permitted.
Damage: Guests are responsible for any damage, missing items, or excessive cleaning. Sites/units are inspected before and after each stay. Any damages, missing items or excessive cleaning will result in additional charges.
Inappropriate Behaviour: Daiva RV Resorts maintains a zero-tolerance policy for aggressive or disrespectful conduct. This includes, but is not limited to, shouting, personal insults, threats, intimidation, or any other hostile behaviour. Such actions will not be tolerated in any form, whether in person, online, or over the phone.
Any violation of this policy may result in a warning or immediate action, including termination of your License of Occupation and/or removal from the resort without refund.
Daiva RV Resorts is a private company, operating on private property and as such, a licensee may be evicted without refund at the discretion of the management. All staff members and guests deserve to be treated with courtesy and professionalism at all times. Concerns or frustrations must be communicated calmly and appropriately.
TERMS & CONDITIONS ACKNOWLEDGEMENT
IMPORTANT – PLEASE READ BEFORE ACCEPTING THIS LICENSE
By signing this License of Occupation electronically, electronically accepting this Agreement, accepting the Booking Confirmation, or taking possession of or using the Vacation Property or Resort, the Licensee acknowledges and agrees that they have been provided access to, and have had a reasonable opportunity to review, the Daiva RV Resorts Standard Terms & Conditions, Rules and Regulations, applicable Addenda, and any property-specific rules and regulations applicable to their reservation.
The Licensee acknowledges and agrees that this License of Occupation, together with the Rules and Regulations, applicable Addenda, and applicable property-specific rules and regulations, constitute the terms governing the Licensee’s use of the Resort during the License Term.
The Licensee agrees that all Rules and Regulations, applicable Addenda and property-specific rules and regulations that are incorporated into or referenced by this License form part of this License of Occupation and are binding upon the Licensee as though set out in full in this Agreement.
The Licensee is responsible for reviewing, understanding and complying with all Rules and Regulations applicable to their reservation and use of the Resort. The Licensee acknowledges that it is their responsibility to remain informed of the Rules and Regulations applicable to their use of the Resort, including applicable property-specific requirements and Addenda.
The Rules and Regulations and applicable Addenda may be made available to the Licensee through the Daiva RV Resorts website, guest portal, reservation communications, email, electronic links or other written or electronic communications. The Licensee acknowledges that they have the ability to access and review these documents throughout the License Term.
The Licensee acknowledges and agrees that failure to read, review, access or understand a Rule, Regulation or applicable Addendum does not relieve the Licensee of their obligation to comply with it where that Rule, Regulation or Addendum has been made available or communicated to the Licensee in accordance with this Agreement.
The Licensee is responsible for ensuring that their Children, Invitees and other persons attending the Resort at their invitation or in connection with their License are aware of and comply with all applicable Rules and Regulations. The Licensee remains responsible for the conduct of such persons and, to the extent permitted by this Agreement and applicable law, for any breach, damage, loss, expense or liability arising from their acts or omissions.
By accepting this License, the Licensee expressly confirms that they have been directed to the applicable Terms and Conditions, Rules and Regulations and Addenda and have had a reasonable opportunity to review them before accepting the License.
IMPORTANT – INCORPORATION OF RULES
The Licensee agrees that the Rules and Regulations, applicable Addenda and applicable property-specific rules are an integral part of this License of Occupation and are incorporated into and form part of this License regardless of whether they are provided within this document, through an electronic link, through the guest portal, by email, on the Daiva RV Resorts website or by another electronic or written method.
Link to Full Terms and Conditions: HERE.
SHORT-TERM LICENSE / COMPLIANCE
This is a short-term recreational License of Occupation for the specific License Term stated in the Booking Confirmation. It does not create a right to continued occupancy, renewal or future use of the Resort.
The Licensee’s continued use of the Resort is conditional upon compliance with this Agreement, the Rules and Regulations, all applicable Addenda, property-specific rules, applicable laws and the reasonable directions of Daiva RV, its managers and authorized representatives.
Where permitted by this Agreement and applicable law, Daiva RV reserves the right, acting reasonably and in accordance with this Agreement and applicable law…to refuse renewal, terminate or suspend a License, restrict or remove access to the Resort, and/or require a Licensee, Child, Invitee or other person and their property to leave the Resort where there has been a breach of this Agreement, the Rules and Regulations, applicable Addenda, applicable law, or where conduct is considered unsafe, disruptive, threatening, abusive or otherwise inconsistent with the proper operation or enjoyment of the Resort.
Any such action shall be subject to the terms of this Agreement and applicable law.
Addenda:
All Addenda are agreed to by signing this document. I acknowledge and agree to the Daiva RV Resorts Terms & Conditions and all Addenda applicable to my reservation.
Please see additional links based on reservation type or specific property below for full information:
In this Agreement, the following terms have the meanings set out below.
“Camping Unit” means any mobile, permanent, or semi-permanent dwelling, including, without limitation, a tent, trailer, cabin, mobile home, recreational vehicle, tiny home, dock, or park model RV.
“Vacation Property” means the land area in which the Camping Unit along with all lands used by the Licensee.
“Booking Confirmation” means the document or email that you will receive which outlines the fees, duration of stay, and government principles of the property.
“Fees” are the amounts we bill you including overnight stays usage fees, ancillary fees, etc. All fees and charges are available for viewing and payment using our online guest web portal.
“Invitee” means a Licensee’s guest, not to exceed the maximum occupancy number of 6 people per site to remain on the property overnight. Large groups of daytime guests must be approved by the Park Manager.
“License” has the meaning ascribed further below under “Camping Unit Licenses
“License End Date” is your departure date as stipulated in the Booking Confirmation
“License Start Date” is your arrival date at our resort as stipulated in the Booking Confirmation
“License Term” or “Term” means the period of time between the License Start Date and the License End Date.
“Licensee” means primary registered guest and the single person named on the booking confirmation.
“Off Season” means anything that is not during the season.
“Resort” is any and all properties managed by Daiva RV and listed on our website.
“Rules and Regulations” means the rules, regulations, policies, procedures, standards and requirements established by Daiva RV for the operation, safety, security, maintenance and enjoyment of the Resort, including those contained in this License, posted or published on the Daiva RV Resorts website, provided through the guest portal, communicated electronically or in writing, contained in an applicable Addendum, or applicable to a particular Resort, reservation type, Camping Unit or activity.
“Season” means the period of time between the License Start Date and the License End Date.
“Utilities” means all sanitary (including water), electrical, water, gas, hot water, and all public or private utilities or services supplied or charged to the Resort.
General Prohibition/Notice of Trespass
Any entry to our Resorts that fails to comply with this Agreement's terms will be considered trespassing under the Trespass to Property Act.
Trespass to Property Act, R.S.O. 1990, c. T.21
Trespass an offence (b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier, is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c.
Camping Unit Licenses
This license will detail the terms and conditions of your stay at our Resorts and will expire at License end Date.
You may use the resort including common areas subject to the terms listed herein on a limited and temporary basis for vacation and subject to the Term.This usage right may be extended to include up to four children and five guests, contingent upon resort capacity limitations. Acting in the best interest of the resort and its guests, Daiva RV reserves the unilateral right to restrict access at any time.
No person other than the Licensee and or an Invitee may use the property and under any circumstances without the express written consent of Daiva RV.
Licensee acknowledges and agrees that it shall be responsible for all damages, claims, losses, or any other liabilities whatsoever caused by or as a result of the acts or negligence of their Children or any person who attends the Resort at the invitation of, or because of, the Licensee or their Children, or otherwise any person for whom they are at law responsible (in each such case, a “Invitee”). Refer to Rules and Regulations section for the applicable rules, limits, and charges regarding Invitees.
Fees
In exchange for the License, the Licensee agrees to pay Daiva RV the Fees. Any services provided by Daiva RV in addition to those outlined in the Booking Confirmation, will result in additional fees being charged to the Licensee. All Fees owing shall be non-transferable and all Fees paid shall be non-refundable. During the Term, we reserve the unilateral right to increase your fees to allow for inflation, leasehold improvements of common areas and other unexpected circumstances that are beyond our control.
All fees are due and payable when invoiced. Any overdue amount shall incur interest at the rate of 3.25% per month, calculated daily, with a minimum overdue payment charge of $25 each month plus a $50 per month processing. Dishonored cheques will be subject to a $100 fee. If the Licensee fails to pay any Fees within 30 days of when due Daiva RV may, in its sole and absolute discretion and upon delivery of written notice to the Licensee, terminate this Agreement or suspend any right or privileges of the Licensee until such time as the Fees are repaid in full. Any deposit or prepaid Fees paid by the Licensee shall be forfeited in such circumstances.
The Licensee shall pay the cost of all Utilities as and when invoiced to Daiva RV, based on actual consumption as measured and calculated by Daiva RV, or as estimated by Daiva RV in its discretion.
All deposits and prepaid Fees are non-refundable and are held against the final balance owing for any year. The deposit is forfeited as liquidated damages and not as a penalty upon breach of any term of this Agreement.
In addition to the foregoing, the Licensee shall pay in addition any taxes, assessments, levies, or license fees imposed by any authority on or as a result of any equipment, fixtures, improvements, furnishings or vehicles erected, placed or left on the Vacation Property by or on behalf of the Licensee, which additional charges shall be payable immediately upon receipt of any notice or demand for payment received by Daiva RV and conveyed to the Licensee.
Seasonal Use
It is agreed by the parties that use of the Resort shall be for seasonal, recreational purposes for temporary periods of time only and as further restricted by periods of park closure. As well, during any use of the Vacation Property by the Licensee, the Licensee shall maintain permanent residential premises elsewhere other than at the Resort that the Licensee have unlimited access to. The Licensee expressly acknowledges that zoning for the Resort prohibits the residential use of the Vacation Property in the Resort. The Camping Unit on site cannot and shall not be used as a permanent or principal residential or home address.
Only one (1) Camping Unit may be on the Vacation Property at any time.
Use of the Resort and the Vacation Property is permitted only during the Season, unless otherwise set out in the Rules and Regulations. Overnight use of the Resort and the Vacation Property during “off season” is strictly prohibited. The Licensee must obtain the written consent of Daiva RV in order to enter onto the Resort during the Off Season.
The Licensee and the Licensee’s Invitees shall not be permitted to enter the Resort until such time as Daiva RV is in receipt of: (i) all Fees due and owing by the Licensee hereunder by the scheduled due dates, (ii) proof all insurance required to be held by the Licensee hereunder, and (iii) a detailed profile completed on the guest online portal of the licensee along with identification
Rules and Regulations
The Licensee acknowledges and confirms that he/she has reviewed and understands the Rules and Regulations herein. The Licensee agrees to comply with the Rules and Regulations at all times throughout the Term. The Licensee acknowledges that, notwithstanding any of the provisions of this Agreement, Daiva RV may amend the Rules and Regulation at any time and from time to time and, and such amendments will be posted herein on our website.
THE LICENSEE ACKNOWLEDGES THAT THE RULES AND REGULATIONS CONTAIN RULES INTENDED FOR THE SAFE ENJOYMENT OF ALL USERS OF THE RESORT. THE LICENSEE ACKNOWLEDGES THAT Daiva RV IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY OTHER USER OF THE RESORT, INCLUDING WITHOUT LIMITATION HIS/HER FAILURE TO FOLLOW THE RULES AND REGULATIONS. Daiva RV assumes no responsibility for, nor shall it be named as liable for any loss suffered or incurred by a Licensee, Your Child, or Invitee, or any personal property belonging to any of the foregoing, including, without limitation, Camping Units, vehicles or personal contents, regardless of the cause, whether through fire, theft, Resort closures, or otherwise, or due to circumstances beyond control of Daiva RV including an “act of God”, flooding, power outages, contagion, forest fires, sewage or water system failures, nor shall Daiva RV be legally responsible in any way for collision or otherwise to Camping Units, additions, improvements or vehicles or their contents, regardless of cause. The Licensee agrees that the use of the Resort and the Vacation Property by the Licensee, their Children, and the Invitees, is solely at their own risk. The Licensee, together with their heirs, executors, administrators, successors and assigns HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE Daiva RV, their agents, servants, successors and assigns (the “Released Parties”) OF AND FROM ALL CLAIMS, demands, damages, costs, expenses, actions and causes of action, whether in law or equity, in respect of death, injury, loss or damages to themselves, Children or Invitees HOWSOEVER CAUSED, arising or to arise by reason of occupation and use of the Vacation Property and the Resort or otherwise, whether prior to, during or subsequent to this Agreement AND NOTWITHSTANDING that the same may have been contributed to or occasioned by the negligence of any of the Released Parties. The Licensee further undertakes on their own behalf and on behalf of Children and Invitees to indemnify the Released Parties from and against any and all liability incurred by any or all of them arising as a result of or in any way connected with this Agreement.
The Licensee acknowledges and agrees to carry the insurance policies required in the Rules and Regulations, but in no event shall such coverage be less than fire, storm damage, and third-party liability coverage of less than $1,000,000 per occurrence.
The Licensee hereby undertakes and agrees to abide by, and comply with, all provisions, terms and conditions of any applicable municipal, provincial or federal laws and regulations with respect to this Agreement. Any failure to do so by the Licensee, Their Children, or the Invitees, shall, at the option of Daiva RV, be deemed to be a breach of this Agreement and shall entitle Daiva RV to terminate this Agreement immediately, upon delivery of written notice to the Licensee, in which case, in addition to any other consequences of termination provided in this Agreement, the Camping Unit and all other property of the Licensee, Their Children and Invitees shall be removed from the Vacation Property and all their use and occupancy at the Vacation Property shall cease, with no refund of any deposit held by Daiva RV in respect of this License.
Term and Termination
The Licensee hereby authorizes and directs Daiva RV, upon termination of this Agreement for any reason, to act as the Licensee’s agent for the securing and/or removal of any of the Licensee’s Camping Unit, and all other property, from the above Vacation Property and Resort. Daiva RV shall not be liable for any damage incurred to the Camping Unit or personal property occasioned as a result of removal. All costs associated for the removal and cleaning shall be borne by the Licensee.
In the event of any default under this Agreement by the Licensee, including a breach of the Rules and Regulations, or any early termination of this Agreement by Daiva RV permitted or contemplated under this Agreement, and except where otherwise stated, Daiva RV may enforce any one or more of the following rights or remedies and in any order:
On fourteen (14) days’ prior written notice of default delivered, or deemed received under the terms of this Agreement, to terminate this Agreement and re-enter upon the Vacation Property and repossess it.
To sue for any overdue payments or damages arising out of a breach of this Agreement, together with all unpaid interest thereon (at the Courts of Justice Act rate), legal costs and fees on a full indemnity basis, together with any other costs of any nature or kind which may be incurred in repossessing the Vacation Property and/or collecting overdue payments and/or damages.
To take any action, including bringing or defending an application or action filed with a court or tribunal, which Daiva RV determines necessary to enforce or interpret the terms of this Agreement and to recover Daiva RV’ legal costs and fees on a solicitor and client basis together with any and all other costs of any nature or kind which may be incurred in enforcing or interpreting the terms of this Agreement.
To seize any goods or property of the Licensee on the Vacation Property or the Resort and, subject to any applicable laws, sell the same to recover any monies or damages owing.
To bar the Licensee, Their Children and the Invitees permission from:
staying on the Resort past 8:00 p.m. on any night of the aforementioned fourteen (14) days; and
attending or participating in any common activities as may be held in the Resort.
In the event of an operations shut-down or opening delay at the Resort imposed by governmental, public health or other regulatory authorities, including, without limitation, any shut-down or delays caused by the COVID-19 pandemic, all Fees payable by the Licensee hereunder shall nonetheless be payable in full, subject only to Daiva RV’ sole and exclusive exercise of discretion, which may be unreasonably exercised, in determining whether the Licensee’s Fees shall abate during the period of shut-down or delay, as the case may be.
In the event that the Vacation Property shall be repossessed under the terms of this Agreement, any goods, including any Camping Unit, that the Licensee or their Children or Invitees have left on the Vacation Property or the Resort shall be deemed to be an article as defined by the Repair and Storage Liens Act of Ontario, (hereinafter referred to as the “RSLA”), and may be removed by Daiva RV who shall be deemed to be a lien claimant and storer under the RSLA, to whatever location Daiva RV deems appropriate. Daiva RV shall not be responsible for any loss or damage to such goods as a result of such removal or storage. The Licensee will be responsible for any storage costs and moving costs incurred, together with any outstanding rent or charges or any other monies due under this agreement and Daiva RV may recover costs and/or monies owing in accordance with the provisions of the RSLA.
If the Licensee shall become bankrupt during the Term, then all Fees due and owing by the Licensee together with the Fees for the three (3) months next ensuing shall immediately become due and payable, and this Agreement shall, at the option of Daiva RV, forthwith be terminated and such accelerated and additional Fees shall be recoverable by Daiva RV as if it were Fees in arrears.
Alterations and Sale
The Licensee may not alter the Vacation Property or any other part of the Resort, except as permitted by the Rules and Regulations. The Licensee shall be responsible for all fees and costs associated with any alteration, including without limitation, permits, licenses, insurance and legal fees on a full indemnity basis. The Licensee may not place any structures including docks without the express written consent of Daiva RV. Any and all alterations shall be fully compliant with all building codes and laws that may apply. All alterations shall become the property of Daiva RV unless the Rules and Regulations provide otherwise. Required permits must be obtained prior to construction and provided to Daiva RV for approval. Working plans and specifications must be provided to Daiva RV for approval (in its discretion) for all proposed alterations and construction. Once such work is approved the Licensee shall provide Daiva RV a true copy of Worker’s Compensation coverage or liability insurance if self-employed. A construction deposit equal to the work being conducted will be paid to Daiva RV until the permit is closed. Daiva RV may require that, at the cost of the Licensee, a supervisor or representative of Daiva RV supervise all construction. In the event of any deficient workmanship, unreasonable delays or other failure of the Licensee to conduct the construction in a diligent, good and workmanlike manner and in accordance with all building codes and laws as aforesaid, and all pre-approved plans, specifications and permits, Daiva RV may at its option assume the construction and charge all costs thereof to the Licensee, plus a fifteen percent (15%) administrative fee, collectable as Fees hereunder.
The Licensee shall exercise such care as is reasonable in the maintenance of the Vacation Property during the Term, including ensuring that smoke and carbon monoxide detectors are installed and fully operational in trailers and structures on the site to ensure that Invitees are reasonably safe while on the Vacation Property and shall save Daiva RV harmless from any claims as a result of the failure of the Licensee to do so. This clause is included to exclude and modify Daiva RV’ liability as described above and in accordance with the exclusion and modification permitted by the Occupiers Liability Act, Ontario.
The Licensee further agrees that while their Camping Unit and property of any nature is on the Vacation Property or Resort premises, they will not hire or permit any person or any company, other than Daiva RV, to perform any labour thereon or to make installation of equipment thereof, without the written approval of Daiva RV. The foregoing limitation is not intended to prevent the Licensee or their family from doing such work provided such work is done in accordance with this License.
The Licensee acknowledges that permanent structures of any kind are prohibited on the Vacation Property and the Licensee shall not claim to be Daiva RV of a permanent structure used or intended for use as living accommodation on the Vacation Property. It is agreed that if there is a finding by a court, tribunal or office of competent jurisdiction that there is permanent living accommodation located on the Vacation Property, or if such a claim is made by the Licensee, such claim or finding shall be good and valid grounds for termination of this Agreement.
The Licensee acknowledges and agrees that no sale of any Camping Unit shall be advertised or conducted on any Vacation Property, without the written consent of Daiva RV, and Daiva RV reserves the right, in its sole and absolute discretion, to act as the exclusive sales agent within the Resort with respect to the sale of any Camping Unit. If Daiva RV acts as the Licensee’s sales agent as aforesaid, Daiva RV shall be entitled to a 10% administration fee + HST, to be held back by the buyer to pay Daiva RV directly. Further, the buyer of any Camping Unit must be pre-approved by Daiva RV and enter into a license agreement with Daiva RV on such terms and conditions as Daiva RV may require. The Licensee further grants Daiva RV first right of refusal of a bona fide offer to purchase any Camping Unit, which shall require that any such offer received by the Licensee first be submitted to Daiva RV before acceptance, and Daiva RV be given a period of five (5) business days to match such offer, in which case the Licensee shall sell the Camping Unit to Daiva RV instead of the offeror, on the same terms and conditions as contained in such offer. Specific Terms for selling your RV or Camping Unit are described further below.
General
The Licensee shall not register this Agreement, notice of this Agreement, or any other document related to this Agreement nor any notice of those documents against the title to the Vacation Property or Resort unless they have first obtained from Daiva RV approval in writing concerning the form and content of the document proposed to be registered. The foregoing shall not apply to the registration of a Charge/Mortgage of License provided the notice of the License which it secures has been approved for registration as set out herein. The Licensee will be responsible for payment to Daiva RV for its out of pocket expenses incurred in connection with its review and approval of such proposed registration.
Any notice, designation, communication, request, demand or other document required or permitted to be given or sent or delivered hereunder to any party hereto shall be in writing and shall be sufficiently given or sent or delivered if it is (a) delivered personally (which includes delivery by reputable courier) to such party or, if applicable, an officer or director of such party, (b) sent to the party entitled to receive it by registered mail, postage prepaid, mailed in Canada, or (c) sent by facsimile or email transmission. Notices, designations, communications, requests, demands or other documents to the Licensee shall be sent to the address in the Daiva RV Resorts reservation systems. The address for notification to the Licensee shall be at the permanent home address of the Licensee as set out above, unless written notice of a change has been given by regular first-class mail. Any notification pursuant to the terms of this Agreement shall be deemed to have been received five (5) business days after it is mailed by regular mail or immediately if delivered to an apparently adult person at the address. Notices, designations, communications, requests, demands or other documents to Daiva RV shall be sent to PO Box 643, Wasaga Beach ON, L9Z 1A5 unless otherwise notified in writing.
The Licensee may not transfer or assign this Agreement or any or all of the rights, licenses, or privileges granted hereunder, in whole or in part, to any person or entity without the express prior written consent of Daiva RV.
A waiver of any one or more of the terms or conditions herein contained shall not be deemed to be a waiver of enforcement or compliance with any of the other terms and conditions of this other than those specifically waived and in no event shall any waiver be deemed to be a continuing waiver. The Licensee agrees that Daiva RV Resorts shall not be required to monitor and demand enforcement of the terms of this Agreement in cases where the Licensee is not in compliance with this Agreement.
Selling your RV or Camping Unit
Daiva RV Resorts reserves the right to accept or decline to market any Camping Unit. No For Sale sign may be posted. Specifics to selling your RV or Camping unit may change periodically and can be obtained through Resort Management or on our website (www.DaivaRV.ca)
All Camping Units to be listed for sale must pass an inspection by Daiva RV, including checking that appliances are in good working order.
Municipal bylaws in the area may disallow the selling or installation of a prefab addition with an existing trailer.
All additions, decks and storage buildings must be inspected by Daiva RV Resorts and deficiencies identified and corrected prior to the sale.
Units that are 20+ years of age if resold will be sold with a “Last Time Sold” clause. Daiva RV Resorts reserves the right to decide to sell a trailer with this clause if it is less than 20 years of age based on its condition.
If you have sold your unit, the new owner may need to remove the Camping Unit from our Resort if the camping Unit no longer meets our approved specifications.
You must supply Daiva RV Resorts with functioning keys to your unit.
You must supply Daiva RV Resorts with a copy of a valid Ownership/vehicle registration in your name prior to marketing the Camping Unit for sale.
All trailer sales must be processed through the campground. Any private sales occurring for trailers must have the trailer removed from the park. See separate Trailer Sales Specifics for more information. For sale signs are not allowed. No soliciting of any business. Upon sale, the seasonal contract and license is non-transferable; a new License of Occupation must be signed by the new owners and the seasonal fees can at that point be transferred to the new owners. Trailers will be listed for sale at the sole direction of the park and year restrictions will apply. Management reserves the right to disallow any sale of a R.V. or Florida room intended to remain in the park where the R.V.s or Florida rooms age and, or the condition do not meet current park standards.
Rules & Regulations
A copy of the terms and conditions, along with being found within this document, can also be found on our website: https://www.DaivaRV.ca/terms-and-conditions
WAIVER AGREEMENT
ASSUMPTION OF RISKS
I am aware that participating in the activities offered by or associated with Daiva RV Resorts exposes me to many inherent risks, dangers, and hazards. By engaging in any activities offered by or associated with Daiva RV Resorts. I freely accept and fully assume all inherent risks, dangers and hazards and the possibility of personal injury, property damage or loss resulting from it.
RELEASE OF LIABILITY, WAIVER OF CLAIMS & INDEMNITY AGREEMENT
In consideration of Daiva RV Resorts permitting me to participate in its activities, the use of its equipment and permitting me the use of its facilities, I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may have against Daiva RV Resorts and its directors, officers, employees, agents and representatives.
TO RELEASE Daiva RV Resorts and its directors, officers, employees, agents and representatives from any and all liability for any loss, damage, injury or expenses that I may suffer or that my next of kin may suffer, as a result of my participation in activities offered by or associated with Daiva RV due to any cause whatsoever, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY OF CARE, AND/OR BREACH OF THE OCCUPIER’S LIABILITY ACT, ON THE PART OF Daiva RV and its directors, officers, employees, agents and representatives.
TO HOLD HARMLESS AND INDEMNIFY Daiva RV Resorts and its directors, officers, employees, agents, and representatives from any and all liability for and property damage or personal injury to any third party, resulting from my activities and my participation in the activities offered by or associated with Daiva RV.
That this agreement shall be affecting and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death.
I have read and understood this agreement prior to signing it. I am aware that by signing this agreement, I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, and assigns may have against Daiva RV Resorts and its directors, officers, employees, agents and representatives.
Any litigation involving the parties to this Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the courts of the Province of Ontario.
Addenda:
All Addenda are agreed to by signing this document. Please see additional links based on reservation type or specific property below:
FINAL ACKNOWLEDGEMENT AND AGREEMENT
BY SIGNING OR ELECTRONICALLY ACCEPTING THIS LICENSE OF OCCUPATION, I/WE ACKNOWLEDGE AND AGREE THAT:
1. I/We have been provided access to and have had a reasonable opportunity to review the Daiva RV Resorts Standard Terms & Conditions, Rules and Regulations, applicable Addenda and any property-specific rules applicable to my/our reservation.
2. I/We understand and agree that those documents are incorporated into and form part of my/our License of Occupation and are binding upon me/us.
3. I/We agree to comply with all applicable Terms & Conditions, Rules, Regulations, Addenda and property-specific requirements throughout the License Term.
4. I/We understand that I/we are responsible for knowing the Rules and Regulations applicable to my/our reservation and that those documents are made available through Daiva RV Resorts’ website, guest portal and/or other communications.
5. I/We understand that I/we am/are responsible, to the extent permitted by applicable law, for the conduct of my/our Children, Invitees and guests and agree to take reasonable steps to ensure their compliance with applicable Rules and Regulations.
6. I/We understand that failure to read, review or understand a Rule or Addendum that has been properly made available to me/us does not relieve me/us of the obligation to comply with it.
7. I/We understand that applicable Rules and Regulations may be amended or updated from time to time in accordance with this License and applicable law.
8. I/We understand that this is a temporary recreational License of Occupation for the specific License Term stated in my/our Booking Confirmation and does not create a right to continued occupancy, renewal or future use of the Resort.
9. I/We understand that a breach of this License, the Rules and Regulations, applicable Addenda, property-specific rules or applicable law may result in enforcement action, including restriction of Resort privileges, termination or non-renewal of the License, removal from the Resort and/or other remedies available to Daiva RV under this License and applicable law.
10. I/We confirm that I/we have had the opportunity to ask questions and obtain clarification regarding this License and the applicable Rules and Regulations before accepting it.
BY SIGNING OR ELECTRONICALLY ACCEPTING THIS LICENSE, I/WE CONFIRM THAT I/WE HAVE READ, OR HAVE HAD A REASONABLE OPPORTUNITY TO READ, THIS LICENSE AND THE DOCUMENTS INCORPORATED BY REFERENCE, UNDERSTAND THAT THEY GOVERN MY/OUR USE OF THE RESORT, AND AGREE TO BE BOUND BY THEM TO THE EXTENT PERMITTED BY APPLICABLE LAW.
To view the policy in French click HERE